PART 7Amendments and modifications of the Agriculture Act 1970
Amendments and modifications of the Agriculture Act 197014
1
The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).
2
In section 66 (interpretation of Part IV) —
a
in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions —
“Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;
“Regulation (EC) No 767/2009” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;
b
for subsection (2) substitute the following —
2
For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.
3
In section 68 (duty of seller to give statutory statement) —
a
after subsection (5) insert the following subsection —
5A
Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.
b
after subsection (6) add the following subsection —
7
Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.
4
In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.
5
In section 70 (use of names or expressions with prescribed meanings) —
a
subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if the expression “under Regulation (EC) No 767/2009” were substituted for the expression “by regulations made for the purposes of this section”; and
b
after subsection (5) add the following subsection —
6
Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.
6
In section 71 (particulars to be given of certain attributes if claimed to be present) —
a
subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if —
i
the expression “the requirements of Article 13 of Regulation (EC) No 767/2009” were substituted for the expression “subsection (1) of this section”; and
ii
“that Article” were substituted for “that subsection”;
b
after subsection (5) add the following subsection —
6
Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.
7
Sections 73 and 73A shall cease to have effect.
8
In section 74 (limits of variation) after subsection (2) add the following subsection —
3
Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.
9
In section 74A, subsection (3) shall not apply to regulations concerning feed.