SPECIAL ENFORCEMENT AND SAMPLING PROVISIONS RELATING TO ANIMAL FEEDING STUFFS. (Hansard, 18 October 1968)

§ Mr. Mackie
I beg to move, as an Amendment to the Lords Amendment, in line 27, at end insert: (2A) For the purposes of proceedings for such offences under this Act relating to animal feeding stuffs as may be prescribed by regulations made under subsection (2) of this section, the regulations may—

(a) prescribe a method of analysis to be used in analysing samples of animal feeding stuffs in order to determine what quantity or proportion (if any) of a substance or article of a description or class specified in the regulations has been incorporated in them, and

(b) provide that, on production in the proceedings of such evidence as may be so prescribed of the results of an analysis of a sample performed by the method so prescribed, evidence of the results of any analysis of any part of the sample performed by any other method shall not be admissible in those proceedings.

§ Mr. Deputy Speaker
Perhaps it would be appropriate to discuss, at the same time, the second Government Amendment to the Lords Amendment, in line 38, at end insert: (3A) Where a label or mark on a container or package containing any animal feeding stuff, or a leaflet supplied or to be supplied with any animal feeding stuff, specifies a quantity or proportion of a medicinal product of a particular description as being incorporated in the animal feeding stuff, section 83(2) of this Act shall not be taken to be contravened by reason only that the quantity or proportion actually incorporated in the animal feeding stuff is greater or less than that so specified, if the discrepancy does not exceed such limit as the Agriculture Ministers may by order specify in relation to medicinal products of that description, or in relation to a class of medicinal products which includes medicinal products of that description; and Lords Amendment No. 138, in page 106, line 20, after "98" insert: (Special enforcement and sampling provisions relating to animal feeding stuffs) (3)", 824 and the Government Amendment to that Lords Amendment, in line 2, leave out "(3)"

§ Mr. Mackie
I am obliged, Mr. Deputy Speaker. My hon. Friend the Parliamentary Secretary promised in Committee that he would put down an Amendment to make it possible to deal with the special problems associated with the sampling of medicated animal feeding stuffs. This Clause does that by enabling agricultural Ministers to make appropriate Regulations modifying the normal provisions in the Bill. It has been thought desirable to be able to modify in this way, because some of the modifications required will be complex and technical and it may also be necessary to change them from time to time.
With the Amendments to the Lords' Amendment which are proposed, it will also enable the Ministers to include in those Regulations methods of analysis by determining the quantity or proportion of particular substances or articles in samples of animal feeding stuffs for the purpose of offences under the Bill prescribed in the Regulations. In addition, the Regulations may provide that, in any proceedings, the results of any other methods of analysis will not be admissible, but evidence of the results of the prescribed methods are produced.
The agricultural Ministers may make Orders as to tolerances and limits of variations. These arrangements, of course, are similar to those applying to feeding stuffs under the Fertilisers and Feeding Stuffs Act, 1926. Lords' Amendment No. 138 to Clause 116 and the Amendment proposed to it are consequential.

35	so much of any licence granted or animal test certificate issued under Part II of this Act as imposes any restriction or requirement by reference to the quantity to be incorporated, or the proportion in which any substance or article may be incorporated, in any animal feeding stuff shall not be taken to be contravened in any particular case if the discrepancy does not exceed such limit as may be specified by the order in relation to substances or articles of that description or class.
40	(4) In section 105(2)(b) of this Act the reference to section 104 of this Act shall be construed as including a reference to the provisions of that section as modified by any regulations made under this section.
45	(5) The powers conferred by subsection (2) of this section shall be exercisable in addition to any power exercisable by virtue of paragraph 25 of Schedule 3 to this Act."