[F1(1)The Ministers may, for the purpose of regulating any animal feedingstuff or anything done to or in relation to, or with a view to the production of, any animal feedingstuff, make an order under this section.
(2)An order under this section is one which applies, or makes provision corresponding to, any provisions of the 1990 Act (including any power to make subordinate legislation or to give directions), with or without modifications.
(3)Such an order may be made by reference to the 1990 Act as it stands immediately before this Act is passed or as it stands following any amendment or repeal made by this Act.
(4)Such an order under this section may make provision with a view to protecting animal health, protecting human health or for any other purpose which appears to the Ministers to be appropriate.
(5)The provision which may be made in an order under this section by virtue of section 37(1)(a) includes provision amending or repealing any enactment or subordinate legislation.
(6)Before making such an order, the Ministers shall—
(a)consult such organisations as appear to them to be representative of interests likely to be substantially affected by the order; and
(b)have regard to any advice given by the Agency.
(7)Any consultation undertaken before the commencement of subsection (6) shall be as effective, for the purposes of that subsection, as if undertaken after that commencement; and any consultation undertaken by the Agency may be treated by the Ministers as being as effective for those purposes as if it had been undertaken by them.
(8)In this section “the Ministers” means—
(a)in the case of an order extending to England and Wales, the Secretary of State F2. . .;
(b)in the case of an order extending to Scotland, the Scottish Ministers.
[F3(9) Subsection (6)(a) shall not apply in any case in which consultation is required by Article 9 of Regulation ( EC ) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. ]]
Textual Amendments
F1S. 30 repealed (S.) (1.4.2015) by Food (Scotland) Act 2015 (asp 1), s. 63(2), sch. para. 7(2) (with s. 62); S.S.I. 2015/99, art. 2
F2Words in s. 30(8)(a) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)
F3S. 30(9) added (E.W.S.) (1.1.2005) by Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I. 2004/3254), regs. 1, 13