Official feed and food controls regulation

EU Regulation 882/2004 on official controls for feed and food law (and animal health and animal welfare) sets out the approach that competent authorities of member states must adopt for official controls. Essentially, how they should monitor and enforce businesses' compliance with feed and food law (and with animal health and welfare rules).

The European Commission believes that the legislation has been broadly successful in setting out a framework for feed and food controls throughout Europe, but has identified opportunities to strengthen 882/2004. The Commission published proposals to change the current legislation on 6 May 2013. Information on the proposed changes can be found at the link below.

882/2004 in the UK

The provisions of 882/2004 have applied since 1 January 2006, except those on financing which applied from 1 January 2007 and implementing rules for import controls for 'high-risk' non-POAO feed and food which applied from 25 January 2010.

In the UK the Agency has overall responsibility for application of the feed and food elements of 882/2004.Defra and the devolved agriculture/rural affairs departments have responsibility for application in the areas of animal health and animal welfare. Arrangements are in place for joint working across the departments to make sure there is a consistent approach.

The principal legal measures needed to apply 882/2004 are included in the following legislation, which can be found at the link to the top right of this page:

  • The Official Feed and Food Controls (England) Regulations 2009 (SI 2009/3255)
  • The Official Feed and Food Controls (Scotland) Regulations 2009 (SSI 2009/446)
  • The Official Feed and Food Controls (Wales) Regulations 2009 (SI 2009/3376)
  • The Official Feed and Food Controls Regulations (Northern Ireland) 2009 (SR 2009/427)

These national regulations identify the authorities in the UK that are responsible for organising and undertaking enforcement checks in respect of feed and food. They provide the legal powers to these authorities to enable them to meet the obligations set out in 882/2004, in particular with regard to monitoring, auditing and financing of official controls and reporting on enforcement activity. The regulations also provide the legal powers needed for the enforcement of the new rules on import checks of feed and food of non-animal origin, including penalties for businesses that fail to comply.

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