Official Controls and Compliance Legislation
Regulation 2017/625 on official controls and other official activities
Regulation 2017/625 replaced Regulation 882/2004 on 14 December 2019. It ensures the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.
Commission Delegated Regulation 2019/2090 supplements Regulation 2017/625 regarding cases of suspected or established non-compliance with Union rules applicable to the use or residues of pharmacologically active substances authorised in veterinary medicinal products or as feed additives or with Union rules applicable to the use or residues of prohibited or unauthorised pharmacologically active substances.
Ten further Commission Delegated Regulations, published in OJEU L321 of 12 December 2019, supplement Regulation 2017/652 on Official controls in food and feed.
The FSA has issued theFeed Law Code of Practice
under this regulation. This code sets out instructions and criteria to which local authorities – the feed authorities – should have regard when engaged in the enforcement of animal feed law. Feed authorities must follow and implement the provisions of the code that apply to them. The following documents have also been published:-
- Feed Law Practice Guidance (England);
- Feed Law Code of Practice (Wales);
- Feed law enforcement guidance (Northern Ireland).
For Scotland, Food Standards Scotland has published the:-
Commission Regulation 669/2009 implements Regulation 882/2004 as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC. Commission Regulation 669/2009 has been amended by Commission implementing Regulation 2016/1024 as regards the list of feed and food of non- animal origin subject to an increased level of official controls on imports.
Commission Regulation 669/2009, as further amended by 2016/2107 Commission Regulation requires that imports of certain feed and food of non-animal origin, from certain non-EU countries, that are considered to be 'high-risk' can only enter the UK through specific ports and airports approved as designated points of entry (DPEs) where official controls will be carried out. A 'high-risk' product is feed or food that is either a known, or an emerging, risk to public health. This may be due to the presence of contaminants and/or undesirable substances such as aflatoxins, Salmonella or pesticides.
The FSA has also published guidance on importing high risk foods and feed. This includes the definition of a high risk product, guidance on aflatoxin levels in imported food, current EU restrictions and guidance for importing certain produce from non-EU countries. It also provides necessary information on what happens if the UK leaves the EU with no deal.
National Control Plan
Regulation 882/2004 requires that all member states have a national control plan. The plan provides the basis of assessments of the performance of the UK's national control systems by the European Commission's inspection services
The Multi-Annual National Control Plan (MANCP) for the UK details the roles and responsibilities of the different authorities and organisations involved in monitoring compliance with, and enforcement of, feed and food law, animal health and welfare rules and plant health requirements. It also provides an overview of how authorities and other bodies work together to safeguard public, animal and plant health, to protect consumers and to promote animal welfare. Progress on implementation of the MANCP is monitored on an ongoing basis and annual reports are prepared and submitted to the European Commission. The plan and annual reports can be found at the links below. The MANCP is produced jointly by the FSA and Defra, with contributions provided by:
- Food Standards Scotland
- Defra agencies
- Department of Health
- Health and Safety Executive’s Chemicals Regulation Directorate
- Scottish Government Agriculture, Food and Rural Communities
- Welsh Government Natural Resources
- Department of Agriculture, Environment and Rural Affairs in Northern Ireland
The current MANCP is available from:- https://fsa.riams.org/communications/shared-files/4004?token=JsZ8rp4Mh1mO8Oia93LCe6tu3f82VLEO
NB There is also a separate item on the National Enforcement Priorities in this Legislation and Guidance Section.
EU Regulation 152/2009 on sampling and analysis
This sets out the official methods for sampling and analysis of feed. For analytes for which there is no harmonised EU method, laboratories are free to use any procedure that will give a scientifically valid result.
Provision for the administration of the Regulation in England is made by The Animal Feed (Hygiene, Sampling, etc. and Enforcement) (England) Regulations 2015 (SI 2015 No. 454)
Separate but parallel legislation applies in Scotland, Wales and Northern Ireland.