From 1 April 2021, Food Standards Scotland is responsible for carrying out official controls (this includes sampling and inspections) and enforcement of feed law. The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 transfer competence for feed law functions from local authorities to FSS, and provides the power to delegate functions to a qualifying third party. In some areas of Scotland, FSS is delegating feed official control delivery to local authorities on its behalf.
Official control delivery and enforcement of feed
Food Standards Scotland is responsible for carrying out official controls and enforcement of feed law.
Official controls
Official feed control delivery
Details of who carries out official control delivery across Scotland are provided below.
FSS is the Competent Authority for all of the local authority areas below, with official control coverage delegated as shown in the table.
| Local authority (LA) area | Covered by |
|---|---|
| Aberdeen City | Aberdeenshire Council |
| Aberdeenshire | Aberdeenshire Council |
| Angus | Angus Council |
| Argyll & Bute | Argyll & Bute Council |
| Eilean Siar | Comhairle nan Eilean Siar |
| Dumfries & Galloway | Dumfries & Galloway Council |
| Dundee City | FSS |
| East Ayrshire | East Ayrshire Council |
| East Dunbartonshire | FSS |
| East Lothian | East Lothian Council |
| East Renfrewshire | East Renfrewshire Council |
| City of Edinburgh | Edinburgh Council |
| Falkirk | Falkirk Council |
| Fife | FSS |
| Glasgow City | FSS |
| Highland | Highland Council |
| Inverclyde | FSS |
| Midlothian | Scottish Borders Council |
| Moray | Aberdeenshire Council |
| North Ayrshire | North Ayrshire Council |
| North Lanarkshire | FSS |
| Orkney Islands | Orkney Islands Council |
| Perth & Kinross | FSS |
| Renfrewshire | FSS |
| Scottish Borders | Scottish Borders Council |
| Shetland Islands | Aberdeenshire Council |
| South Ayrshire | South Ayrshire Council |
| South Lanarkshire | FSS |
| Stirling | Falkirk Council |
| Clackmannanshire | Falkirk Council |
| West Dunbartonshire | FSS |
| West Lothian | Falkirk Council |
All businesses that make, use or market animal feed in Scotland need to register with Food Standards Scotland from 1 April 2021.
Approval applies to those establishments which carry out certain higher risk activities such as the manufacture and marketing of certain feed additives or premixtures of feed additives, or the production of feed containing specified feed additives.
A Service Plan has been developed which sets out how and at what level official controls of feed will be provided and takes account of national and local priorities. The Service Plan shall be subject to regular review and updating. Annual Scotland-wide inspection and sampling plans are provided in the Service Plan.
The Feed Manual and associated procedures, located below, provide advice and instruction to officers delivering official controls and enforcement. In addition to the Feed Manual and procedures, enforcement of feed shall be carried out in accordance with the Feed Enforcement Policy.
Most samples taken are informal samples for verification and surveillance purposes only. Formal samples, which may be used for enforcement purposes are taken in accordance with Regulation 152/2009 laying down methods of sampling and analysis for the official control of feed (updated in accordance with various EU Directives). The Annexes to the Regulation set out the detailed procedures which must be followed when analysing animal feed for a range of specified analytes or substances.
The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010, as amended, provide for the enforcement in Scotland.
FSA sampling guidance applies to Scotland.
Samples are analysed by the Agricultural Analyst and deputies appointed by Food Standards Scotland, in accordance with the Agriculture Act 1970.
The purpose of the Feed Delivery Enforcement policy is to ensure that FSS, delegated LAs, regulated feed businesses and other stakeholders are aware of the general intent and principles underpinning FSS approach to the enforcement of feed law.
Further information
If you have any questions on animal feed for enforcement please email feed@fss.scot and for legislation/policy email enquiries@fss.scot.
The Scottish Government Agriculture and Rural Economy Directorate is responsible for animal health and welfare, agricultural and environment policy.
The Animal and Plant Health Agency is responsible for measures on animal by-products and the control of transmissible spongiform encephalopathies (TSEs).
The Veterinary Medicines Directorate is responsible for veterinary medicines legislation.