Feed Manual of Official Controls

This Chapter deals with:

• General obligations with regards to organisation of official controls and
• Delivery of official control activities, methods and techniques, including implementation of earned recognition, where businesses may benefit from a reduced inspection frequency because of membership of a FSS approved assurance scheme.

The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 provide for FSS to delegate powers to Agents for delivering feed functions in the areas detailed within the DSLA for: 

• Agriculture Act 1970, Part IV in so far as it relates to animal feeding stuffs

The Genetically Modified Animal Feed (Scotland) Regulations 2004 The Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004 The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 The Official Feed and Food Controls (Scotland) Regulations 2009 The Animal Feed (Scotland) Regulations 2010

Regulation 24 of the The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 permits an Authorised Officer to enter premises forexecuting and enforcing specified feed law at all reasonable times, producing if requested the officer’s authority. Entry is to any premises on which the officer has reasonable cause to believe feed has been, or is being manufactured or produced, or is being kept for the purpose of placing on the market, incorporated in another product or used; or any premises (not being used only as a dwelling), on which the officer has reasonable cause to believe that there is any feed which is in the possession, or under the control of the occupier of the premises. 

Regulation 24 of The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 also provides the powers to inspect:

• any material appearing to the officer to be fed.
• An article appearing to the officer to be a container or package used or intended to be used to store, wrap or package any feed, or to be a label or advertisement used or intended to be used in connection with feed and

any vehicle, plant or equipment appearing to the officer to be used, or intended to be used, in connection with the manufacture, production, storage, transport or use of feed, and any process of manufacture, production, storage, transport or use of feed.

Further powers in Regulation 24 provide to produce records relating to a feed business including those held by a computer. 

Regulation 24(4) of The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 permits an Authorised Officer to take with them such other persons as they consider necessary. This would include, for example, any suitably qualified or skilled person or an expert in a particular field whose presence is needed to help accurately identify the material sought or to advise where certain evidence is most likely to be found and how it should be dealt with. These provisions do not confer on the accompanying person any of the powers of an Authorised Officer, but they do give that person the right to be on the premises during the Authorised Officer’s search, without the occupier’s permission.

The right to privacy and respect for personal property are key principles of the Human Rights Act 1998. Powers of entry, search and seizure must be fully and clearly justified before use because they may significantly interfere with the occupier’s privacy. Officers must consider if the necessary objectives can be met by less intrusive means.

Powers of entry are also given to Authorised Officers under Regulation 24A for carrying out investigations in accordance with Article 4.2 of Directive (EC) 2002/32 to determine the source of undesirable substances.

Regulation 31 permits appropriately Authorised Officers of Competent Authorities to use the powers set out in Articles 65 to 67, 72 and 46 of Regulation (EU) 2017/625 in relation to imported feed i.e. detention, destruction, special treatment, re–dispatch and other appropriate measures, to be borne at the business’s expense.

FSS shall produce an annual service delivery plan which shall be shared with Agents. 

Unless otherwise instructed, interventions undertaken under the delegated feed model, as laid out in the DSLA and this Feed Manual, will be inspections and sampling visits only. 

FSS develops the inspection programme based on the risk rating of businesses. The risk rating scheme (Annex 5.1) determines frequency of interventions.

The draft programme shall be shared with the Agent eight weeks in advance of the start of the year. The Agent and FSS shall agree the inspection programme 4 weeks before the start of the financial year. 

The draft plan, developed by FSS for each LA area, has two elements.  

• For those businesses that have an existing risk rating and therefore a due date for inspection, these details shall be specified.
• For those businesses that have not been previously inspected nor have received an inspection in several years, there will be some flexibility for the Agent to schedule each inspection. 

On an ongoing basis, FSS shall make use of the following information to determine each annual inspection plan and make any adjustments to the plan during the year, when required according to risk:

• risk rating scores applied by the Authorised Officer, after the inspection
• intelligence gathered which impacts on risk and compliance
• known feed safety issues
• attaining membership of an approved FSS assurance scheme (“Earned Recognition”) and/or
• notification that an approved FSS assurance scheme has lost its approval (Earned Recognition”)

The Inspection Plan shall be reviewed by both FSS and the Agents on a quarterly basis.

Circumstances might arise where it is necessary to defer or bring forward programmed inspections, for example in response to an emerging incident, new legislation etc. 

FSS will, before determining that it is necessary to defer or bring forward an official control, consider whether urgent action is necessary to safeguard public or animal health, food or feed safety, or the legitimate interests of consumers or businesses.

Should the inspection programme require to change during the year, the number of inspections shall be adjusted accordingly with lower risk businesses deferred from the inspection programme to accommodate these changes where necessary. 

During the year, circumstances beyond the control of the FSS or Agents may arise that prevent the planned programme being delivered (e.g. incident, animal health issue). In this case, FSS shall aim to divert Authorised Officers to other feed related work. 

The inspection process includes 

• notification of intended inspection to the FeBO, where appropriate
• preparation
• inspection at feed business
• discussion with FeBO
• post inspection report writing and upload to FMIS
• follow up action where required. 

The FDB will, on notification of a new registration, request that the Authorised Officer carries out an inspection within a timeframe appropriate to the information provided in the registration form, the output of which will be a risk-rating for the establishment, determined in accordance with Annex 5.1.

If necessary, the inspection programme may be amended, deferring lower risk businesses from the programme to accommodate higher risk businesses and newly registered businesses as necessary. 

Based on a significant body of evidence collected across the UK over several years, a FeBE, which solely undertakes one of the activities R13 and R14 or a combination of these, does not need to be inspected to determine their level of current compliance. On notification of a new registration, they are automatically regarded as achieving satisfactory levels of compliance but will be included in the inspection programme as a 2% sample of the number of premises of these types. 

If the FeBO is a member of a FSS approved assurance scheme, ‘Earned Recognition’ may apply (Paragraph 6.6).

An arrangement exists between FSS and the Scottish Government Directorate for Agriculture and Rural Economy (ARE), Rural Payments and Inspections Division (RPID) where RPID officers carry out food and feed hygiene inspections on farm, on behalf of FSS, when they are already present on farm to undertake cross compliance and egg marketing inspections. The authorisation of RPID officers extends only to primary production. However, during their primary production inspections, they may identify non-primary production activities.

If, during RPID’s inspections, the RPID officer identifies that a business is undertaking non-primary production feed activities to the FDB, this shall be recorded on the inspection form, a copy of which is sent to the FDB. The FDB shall amend the feed business establishment’s details on the Feed MIS which will generate an inspection date. 

Feed businesses may carry our more than one activity (see Annex 4.2.) Generally, the risk rating is based on the activity that poses the greater risk (potential risk score).  In the case of farms which may also be carrying out non-primary production activities, the risk rating should reflect that of the higher risk activities, however, the primary production activities need not be inspected every time.

“Official controls shall be performed without prior notice, except where such notice is necessary and duly justified for the official control to be carried out” (Article 9 of Regulation (EU) 2017/625. The following circumstances are examples of justification for the Authorised Officer to provide prior notification of official controls, although the notification should be as short as practicably possible:

• where it is advantageous to enable a key member of the FeBO’s staff to be present
• making efficient use of resources (avoiding unnecessary journeys)
• when the purpose of an inspection is to see a particular process in operation or
• examine records which are only available if the proprietor of the feed business is present. 

The overriding aim is to ensure compliance with feed legislation can be verified.

In advance of each inspection, the officer shall familiarise themselves with the history of intervention, enforcement action and any other pertinent issues that may inform compliance where they exist, for example, intelligence on feed compliance and feed crime issues, warning markers against a business such as threatening behaviour. Such information may be available from the FSS Intelligence Management system and colleagues in the FSS SFCIU. The FDB will facilitate Authorised Officers employed by Agents in obtaining this information. 

As previously, unless otherwise stated, interventions required under the DSLA are inspections and sampling visits. 

An inspection is an examination of any aspect of feed to verify that such aspect(s) comply with the legal requirements of feed law. This includes partial or full inspections:

• a ‘full inspection’, is a check on compliance with legal requirements and will consider all aspects of a FeBE’s operations; or
• a ‘partial inspection’, which is an inspection that covers only certain elements of a FeBE’s operations. A partial inspection may take place because of a feed complaint investigation, for example. 

Generally, a full inspection is required for each planned inspection. However, certain circumstances may warrant a partial inspection, and these include (but are not limited to): 

• partial inspection of a large/complex establishment, where the inspection would look in detail at a particular process or operational area within the business
• partial inspection of a business previously inspected and found to have satisfactory or better compliance, where the inspection would focus on certain parts of the business’ operation and
• partial inspection as part of a focused feed hygiene or feed standards campaign or in response to Intelligence. 

Feed businesses that fail to comply with significant statutory requirements must be considered for appropriate enforcement action (Chapter 7).

Officers must: 

• base inspections on the relevant inspection form on FMIS. The form is intended to assist officers and businesses by introducing a structured approach to the inspection process consistent with quality assurance practice
• discuss with the FeBO or representative the purpose and scope of the inspection, and what the officer intends to do
• establish the scope of the business’s activities and the relevant feed law that applies to the operations taking place, including any relevant changes since the last official control including checking the accuracy of existing approval and registration codes
• identify all the feed related activities undertaken by the business, the areas of the establishment used for the preparation, production and storage of feedstuffs, any processes used, and the staff involved
• officers may ask questions of staff of feed businesses who have been given specific responsibilities for ensuring compliance with relevant legal requirements to verify that they understand their duties and are carrying them out effectively
• thoroughly and systematically gather and record information from the observation of practices, procedures and processes, including procedures based on Hazard Analysis and Critical Control Points (HACCP) principles, and discussion with FeBO’s, feed industry contractors and their employees
• record sufficient information of the officer’s findings to indicate what was examined/ inspected, how compliance with a feed requirement is achieved at the FeBE, and any deficiencies identified. Officers must thoroughly and systematically gather and record information from the observation of practices, procedures and processes, including procedures based on HACCP principles, and discussion with FeBO’s and managers. Section 6.8.2 provides some examples of minor and more serious non-compliances.
• assess whether to take samples, and if so what to sample (e.g. raw materials, ingredients, additives, intermediates, finished products). This consideration must be an integral part of every full inspection, but particularly in feed manufacturing businesses and on-farm mixers. If a sample is taken, this is to be recorded against the premises on FMIS, and sample details are to be input into the SFSD. (also see 6.10)
• identify possible sources of contamination with undesirable substances and whether analysis reveals maximum permitted levels or action thresholds have been exceeded
• identify any actual or potential breaches of feed law and, if appropriate, gather and preserve evidence
• assess the risk of the FeBO failing to meet feed law (see 6.5.7)
• offer advice where it is appropriate or is requested, and encourage FeBO’s through an educative approach
• recommend good practice in accordance with relevant industry codes and other relevant technical standards (see 6.5.4.1.3)
• at the conclusions of every inspection, the officer must discuss any contravention of feed law discovered, any corrective action necessary, the timescale for corrective action, any further action the officer intends to take and any recommendations of best/good practice that the officer considers appropriate.
• In the closing discussion, and in subsequent reports or correspondence, officers must clearly differentiate between action required to comply with legal requirements and recommendations of good practice
• On request the Authorised Officer must advise and discuss with the FeBO the inspection frequency or risk rating applied to the business
• If an officer considers, after consulting with FSS Feed Delivery Enforcement Policy that formal enforcement action is the most appropriate route to compliance, they should consult FSS as described in Chapter 7.

An Authorised Officer carrying out an inspection must, as appropriate, pay particular attention to relevant key control points, mixing stages when ingredients are added, monitoring and verification procedures, corrective actions and documentation. 

An officer conducting a feed composition inspection must:

• consider the existence and effectiveness of management systems designed to ensure that feed compositional requirements are met and, where they exist, test their effectiveness
• assess compliance with composition, presentation and labelling requirements by examining labels, descriptions, specifications, formulae, internal monitoring results, sample results and other records
• check for the presence of unauthorised additives or use of additives outside compliance with the authorisation e.g. excessive levels of additives, non-permitted species or growth stage and for undesirable substances (particularly those subject to a maximum permitted level), prohibited materials or other contaminants
• consider taking samples to verify feed compositional requirements
• assess compliance with the traceability requirements of Article 18 of  Regulation (EC) 178/2002. 

 Regulation (EC) 183/2005 on Feed Hygiene defines ‘Feed Hygiene’ as ‘the measures and conditions necessary to control hazards and to ensure fitness for animal consumption of a feed, taking into account its intended use’. 

Feed Hygiene inspections must include checks that the feed business is meeting the provisions of requirements of  Regulation (EC) 183/2005 relating to the safety for consumption of animal feed, in particular that safety requirements in relation to animal health, human health through the consumption of animal products, and to the environment are being met. 

The approach to inspection will depend on the legal requirements that apply to a particular feed business as outlined in Annexes I, II and III of  Regulation (EC) 183/2005 and the extent to which the business has to apply the principles of a HACCP based feed safety management system. 

In general, an officer conducting a feed hygiene inspection must: 

• assess the risk to the business of failing to meet hygiene standards as laid down e.g. Annex I, II and III and HACCP as applicable
• assess the hazards posed by the activities of the business, the feed business operator’s understanding of those hazards, and the application of appropriate controls, having regard to the nature and size of the business
• assess and verify appropriate procedures based on HACCP principles appropriate to the nature and size of the business, confirming that controls are in place and operating effectively and that appropriate corrective action is taken when necessary
• establish whether HACCP based procedures are reviewed and kept up to date
• examine records required to be kept by feed businesses in the Annexes to  Regulation (EC) 183/2005 and that this requirement is being observed
• establish whether feed is being handled and produced hygienically, is safe, and that relevant storage conditions are being observed. 

In addition to the general requirements detailed above, a feed hygiene inspection must include, if appropriate: 

• a discussion with any staff responsible for monitoring and corrective action at critical control points to confirm that controls are effective
• a physical inspection to determine whether critical control points have been identified and whether the controls are operating effectively
• assess the hazards posed by the activities of the business, the understanding of those hazards and the application of appropriate controls, having regard to the nature and size of the business
• assess and verify that the feed safety management procedures based on HACCP principles are appropriate and proportionate to the nature and size of the business
• taking samples to verify controls are in place
• discuss with the FeBO any hazards identified that have not been covered by the business, or though identified are not covered by effective controls
• inspection of records of purchases to establish that all feeds or additives have been sourced from feed businesses that are either approved or registered to supply such material in accordance with the  Regulation (EC) 183/2005. 

Article 7 of the Regulation (EC) 183/2005 requires all FeBO’s (except primary producers) to put in place and to maintain a permanent procedure, or procedure(s), based on the principles of HACCP, including the keeping of relevant records. The procedures can be applied flexibly and proportionately according to the size and nature of the feed business. 

Whilst larger, more complex businesses and businesses that have a high level of understanding of feed safety management may choose to demonstrate compliance with the legislation by putting in place a traditional HACCP system, others may do so with simpler approaches that take account of this flexibility. 

In practice, compliance means: 

• obtaining assurance that the person responsible for feed safety understands significant hazards and has them under control by questioning, for example
• seeing that there are written procedures that demonstrate how the business always controls these hazards and
• seeing evidence that these procedures are followed, and that they are reviewed and kept up to date. 

Officers should refer to good practice in determining compliance and may draw these to the attention of the FeBO’s in appropriate circumstances: 

• EU Community guides to good practice developed in accordance with Article 22 of  Regulation (EC) 183/2005 laying down requirements for feed hygiene:
  • European Feed Manufacturers (EMFC) guide published by the European Feed Manufacturers' Federation (FEFAC) on good practices for the industrial manufacturing of compound feed and premixtures for food producing animals
  • EU community guide to good practice for feed additive and premixture operators
  • EU guide to good practice for the industrial manufacture of safe feed materials
  • EU guide to good practice on the manufacturing of safe feed materials from starch processing
  • EU guide to good practice on the manufacturing of safe feed materials from oilseed crushing and vegetable oil refining
  • EU guide to good practice on the manufacturing of safe feed materials from biodiesel processing
  • EU guide to good hygiene practices for the collection, storage, trading and transport of cereals, oilseeds, protein crops, other plant products and products derived thereof
  • EU guide to good practice for the manufacture of safe pet foods.
• Codex Alimentarius Standards relevant to feed
• PD ISO/TS 22002-6:2016 Prerequisite programmes on food safety - Feed and animal feed production
• Guidance on mixing additives and premixtures directly in feeds and mixing compound feed with additives and HACCP-related requirements of the Feed Hygiene Regulation for farmers
• Guidance on the requirements for food and drink businesses that supply material for animal feed use
• Defra Code of Practice for the control of salmonella during the production, storage and transport of compound feeds, premixtures, feed materials and feed additives
• Advisory Committee on Animal Feeding stuffs (ACAF) review of on-farm feeding practices - updated recommendations on identifying hazards and minimising risks
• Industry Code of Practice for on-farm feeding, which applies to farmers and covers all aspects of on-farm feeding, including on-farm mixing and

• Guide for the feed industry – implementing the Codex Alimentarius Code of Practice on good animal feeding.

Most samples shall be informal and taken when on site to carry out an inspection. There may be occasions, however, when it is necessary to undertake a specific sampling visit. 

A visit to an establishment for the purpose of obtaining a sample may be considered an inspection only when the sampling activity forms a component part of a wider-reaching official control that provides sufficient information to allow the officer to determine the level of compliance. For example, sampling may be used to validate the FeBO’s HACCP, in relation to cross contamination or hygiene controls. Such a visit shall be considered an inspection and not a sampling visit. 

Further information on sampling is found in Paragraph 6.10.

As stated in 5.1, an Authorised Officer may be asked to carry out pre-inspection approval work and inspections at feed businesses subject to approval, subject to agreement by FSS.

In addition, approval feed business establishments will be subject to routine inspections, and these will be included in the inspection plan for the Agent. 

If official control inspections cannot take place or require to be reduced (for example, continuing Covid restrictions or force majeure), remote assessments may be considered as an alternative. These can include documentary audits, followed up by a physical inspection (if it can be carried out safely), if public health concerns are identified. Should such a situation arise, further guidance will be made available by FSS.

Template inspection forms are pre-loaded on the mobile devices to populate whilst on-site as a record of the inspection i.e. what was examined whether it complies with legislative requirements and remedial actions which are required to rectify non-compliances. 

The FMIS will automatically update on full and partial completion of the forms, when there is adequate connectivity. The officer must aim to ensure that internet access is available within 5 working days to enable automatic upload. If this is not possible, FSS should be notified at feed@fss.scot.

The outcomes must always be reported in writing to the FeBO.  The system will generate a template letter. Regardless of the outcome of the inspection, the letter shall be emailed or posted to the FeBO within 2 working days of completion of the inspection form. FMIS will generate a “next inspection date” based on the outcome of the inspection, except for approval status determination visits.

SFSD shall be used for the recording of samples. The officer must provide the SFSD sample reference number on the Annex 5.4 form if a formal sample is taken Any related documentation collected during the intervention shall be scanned and saved into the FSS information storage system (eRDM).

After every inspection the officer must risk rate the establishment, even if there is follow up work to do. 

Officers shall use the full range of current levels of compliance scores available (Annex 5.1), to prevent the risk-rating system being frustrated by cautious marking or by a reluctance to recognise effective management/control systems.  The officer must also confirm the highest potential risk business activity being undertaken at the premises and ensure that is recorded on the inspection form. The risk rating and inspection frequency are automatically calculated based on the business activity and compliance. 

The “ACTSO guidance on applying compliance score for the purpose of risk rating feed businesses” can be found on the Knowledge Hub (National Agriculture Community) and although it refers to different risk rating schemes, the examples given for the different compliance levels (poor, varying, satisfactory and broad) apply equally to the FSS risk rating scheme.

FeBO’s, who demonstrably maintain high standards of feed safety by taking appropriate steps to comply with the law, may have these standards recognised by FSS when determining the frequency of their official controls and therefore earn recognition. 

Article 9 of Regulation (EU) 2017/625 on Official Controls performed to perform official controls regularly, on a risk basis and with an appropriate frequency. Account should be taken of several factors including 

(c) operators past record as regards the outcome of official controls performed on them and their compliance with feed law.

(d) the reliability and results of own controls that have already been performed by the operators, or by a third party at their request, including, where appropriate, private quality assurance schemes, for the purposes of ascertaining compliance with feed law carried out. 

Earned Recognition is an element of the FSS’ s Regulatory Strategy approach to rewarding responsible businesses and encouraging industry to promote the positive role of regulatory standards. It aims to reduce the burden on compliant businesses whilst concentrating enforcement activity at those businesses which are less compliant.

A feed business may qualify for Earned Recognition if it a member of a FSS approved assurance scheme and demonstrates at least a ‘satisfactory’ level of current compliance with feed law. Feed establishments that are subject to on-going formal enforcement or are known not to have satisfactory levels of compliance cannot qualify for earned recognition.

The Agricultural Industries Confederation schemes currently have FSS approved status:

• Universal Feed Assurance Scheme (UFAS)
• Feed Materials Assurance Scheme (FEMAS)
• Trade Assurance Scheme for Combinable Crops (TASCC)

The arrangements for Earned Recognition in feed are available at ​Earned Recognition Practice Guidance (Scotland) | Food Standards Scotland which details: 

• the relevant scheme standard for which Earned Recognition has been awarded
• general principles of collaboration
• the Governance arrangements
• roles and responsibilities of the parties involved
• criteria for earned recognition
• data management

FSS is a signatory to the Memorandum of Understanding for Earned Recognition and collaborates with the Food Standards Agency and the Veterinary Medicines Directorate to assess assurance schemes for approved status and monitoring to retain approval. 

FSS will update FMIS to reflect the list of approved assurance schemes.

It is the officer’s role to assess compliance of FeBO’s with feed law. In doing this, the officer will be able to:

• assess whether individual feed businesses which have Earned Recognition, as a member of an approved assured scheme, is satisfactory or broadly compliant and can retain its reduced level of inspection; and
• ensure that any non-compliance is rectified in a timely way (subject to agreement with FSS on the approach to any formal enforcement action).

To be approved, an industry scheme must meet FSS key requirements and criteria which may be found in the ​Earned Recognition Practice Guidance (Scotland) | Food Standards Scotland

Once FSShas approved an assurance scheme, steps will be taken to ensure continuing confidence in the scheme through verification. The verification process will enable FSS to be assured that the scheme continues to deliver high standards, good governance and impartiality that lead to approved status. The inspections of feed business establishments which are members of these approved assurance schemes will form an essential element in this process, and enforcement data and other intelligence from official controls carried out will be key sources of information.

Verification will also allow FSS to intervene should the scheme fail to meet the criteria laid out in Memorandum of Understanding for Earned Recognition. FSS will work with the assurance scheme to ensure FSS criteria for approval are met. FSS can remove approved status. Should FSStake this step, it will adjust the risk rating / visit frequency for those businesses concerned and adjust the inspection programme accordingly.

FSS receives regular notifications from assurance schemes detailing participants whose certification has been withdrawn, the reason and details of any new certifications. FSS shall update the feed establishment register accordingly.

The table below details the action required by FSS in applying Earned Recognition to:

• new FeBEs that come to the attention of FSS for the first time
• FeBEs which are registered but have never been inspected
• change of FeBO for the FeBE to which Earned Recognition applies or
• previously inspected FeBEs who are, or become, a member of an FSS approved assurance scheme. 

No initial inspection is required.

Unless there is information available that indicates the establishment has poor or varying levels of compliance, it will be assigned a 2% inspection frequency. If the compliance levels are known to be poor or varying, then the establishment will be assigned an inspection frequency of 25%. 

For businesses that are subject to earned recognition, the frequency and type of inspection will apply, as set out in Annex 5.1, until such time as:

• the FeBO, after an inspection, is assessed as having less than a ‘satisfactory’ level of current compliance with relevant feed law
• the FeBO is no longer a member of a FSS approved assurance scheme or
• the assurance scheme is no longer approved by FSS.

Examples include: -

• major non-conformances are identified against ‘key’ standards
• an excessive number of non-conformances are found during an assessment
• the same non-conformance being found on successive assessment visits
• the FeBO fails to rectify the non-conformances within the specified timescales
• receipt of reliable evidence from a third party, demonstrating the FeBO is not maintaining the standards to a material extent
• circumstances prevented the assessor from completing the assessment to establish compliance or
• unreasonable delay in allowing or refusal of routine assessments by the FeBO, revisits or spot checks.

FSS will arrange for the Authorised Officer to inspect the FeBE as soon as practicable and re-risk rate, having regard to the planning and notification of inspections.

Where a FeBO has left the scheme for any reason other than non-compliance of scheme standards, FSS will take a risk-based approach to assessing the FeBE level of current compliance as an alternative to re-inspecting the business.

FSS must contact the FeBO to:

• confirm the reason for leaving the assurance scheme and the activities currently taking place
• request a copy of the last assurance scheme audit report, if necessary
• risk-assess accordingly based on discussions, information received, non-conformances identified and/or other assessment process.

Examples of other reasons for leaving a scheme include

• non-payment of membership
• no longer trading
• choosing to leave a FSS approved assurance scheme as participation no longer benefits the feed business.

Based on the outcome of these enquiries, FSS may, as appropriate, request that the Authorised Officer carries out an inspection where there are concerns. 

FSS does not act on notifications of ‘suspension’ from a FSS approved assurance scheme. The status of suspended members will depend on decisions by the Assurance Scheme and will either return to membership or will be withdrawn from membership, in which case actions described above will apply. 

Where the Authorised Officer determines, because of an official control, that a FeBE is not achieving at least a satisfactory level of current compliance, they must contact FSS to advise that Earned Recognition is removed.

This must be notified to FSS as soon as possible using the Earned Recognition Exception Report Form (Annex 5.2) sent to feed@fss.scot or by submitting the form on the Feed Hub or mobile device 

FSS will liaise with the relevant assurance scheme sharing the details provided in the Exception Report Form and request feedback.

Officers should complete the exception report to accompany details of the specific breaches of feed law recorded in the inspection form Photographic and/or video images to support removal should be included in the inspection form where possible. 

From time to time, officers may find minor non compliances when inspecting a feed business that qualifies for Earned Recognition. Providing the matter is not subject to formal enforcement sanctions, and it can be rectified immediately or within a reasonable timescale of being identified and the level of compliance is not less than satisfactory, Earned Recognition should not be removed. The Authorised Officer will need to check that the matter has been resolved. Examples of minor non-compliance could include:

• failure to complete records in full on occasion
• minor hygiene breaches such as unclean hopper, water trough, etc. but evident that it is cleaned from time to time
• minor pest control matters (in view of the environment, e.g. birds in shed), but there is a pest control system in place and action has been taken to minimise or eliminate contamination and
• chemicals stored in feed areas (but in sealed/closed containers).

Examples of a serious non-compliance, which would lead to an increase in the establishment’s risk-rating score and therefore a loss of satisfactory compliance and Earned Recognition include:

• non-compliances requiring the use of formal enforcement powers e.g. improvement notice
• an imminent risk to public health through the consumption of food from animals which have received contaminated feed
• the welfare of food producing animals is threatened using contaminated feed
• serious infestation of pests (one which affects the welfare of animals or the safety of feed/food stocks) with no pest control system in place
• serious breaches of hygiene such as unclean equipment which indicates no cleaning for some considerable time
• controls to prevent cross contamination (e.g. segregation of medicated and non-medicated feed) are inadequate
• lack of feed traceability and
• a significant change of activity, e.g. which is outside of the scope of the assurance scheme standard or involves a farmer who begins manufacture of compound feed for supply to other feed business operators.

Imported feed controls apply based on the nature of the feed and its inherent risk, and/or its country of origin.

1. Products of animal origin (POAO) e.g. fish meal
2. Products not of Animal Origin
3. High Risk Feed Not of Animal Origin (HRFNAO)

FSS is responsible for the strategic oversight of imported feed, communication with port operators and organisation of interventions at points of entry, except in relation to feed of animal origin.

6.9.1.1. Products not of animal origin (non-POAO)

Feed not of animal origin (non-POAO) does not contain any ingredients derived from animals or animal products.

Unless the non-POAO is subject to enhanced controls (see below), it is not subject to official controls at BCPs and may enter through any port, subject to the necessary facilities being in place to handle the products.  In general terms, official controls on such products will be carried out regularly, on a risk assessed basis and when carried out will include documentary check as well as identity and physical checks, as appropriate (see 6.9.2.1).

6.9.1.2. Products of animal origin (POAO)

Products of animal origin (POAO) present a high level of risk as they can transmit serious animal diseases. 

 The Animal and Plant Health Agency (APHA), an executive agency of the Department for Environment, Food and Rural Affairs (Defra), is responsible for imports of products of animal origin.  More information can be found on the APHA pages of the government website. Contact details are available on APHA website, or telephone 03000 200 301. 

6.9.1.3. High Risk Feed Not of Animal Origin (HRFNAO)

HRFNAO is feed that is listed in the Annexes to  Regulation (EU) 2019/1793 and is subject therefore to a temporary increase of official controls.  The regulation specifies the commodity and the country of origin and the frequency of checks to be applied. HRFNAO is usually required to enter GB via a Border Control Post designated for the relevant commodity and be pre-notified through IPAFFS.

In addition, feed may be subject to emergency controls measures at point of entry into Great Britain. A list of products to which emergency control measures apply is listed on the FSS website, in addition to rice products from China. 

Products and countries of origin designated as HFNAO or under emergency measures are subject to change and the listings are amended accordingly. 

Authorised Officers shall carry out official controls at the points of entry and importers’ establishments and checks of the imported feed as requested by FSS. Imported feed at inland destinations shall be monitored by Authorised Officers as part of the routine inspection of other types of feed businesses. Imported feed is included in the template inspection form and includes:

• facilities and conditions at importers and points of entry
• monitoring of consignments of materials entering Scotland intended for use in animal feed and
• checking of imported feed at routine inland inspections.

The intervention programme includes points of entry into Scotland which may be a seaport or an airport. 

Notification of the imports of feed subject to mandatory checks is via IPAFFS. 

FSS will also liaise with port operators to ensure there is sufficient advance notice of incoming consignments, to plan interventions, although, it is possible that such interventions could take place at short notice. FSS shall share relevant imports information with Authorised Officers when issues become known: data, information, intelligence and findings on imported feed and sampling results.

Official controls for goods subject to mandatory checks are detailed in the relevant legislation but may comprise the following 

Documentary Checks

• examination of the official certificates, official attestations and other documents, which are required to accompany the consignment
• This includes an assessment of the official certificate, analytical results (where required) and accompanying commercial documentation, verifying that the documentation matches up and is in accordance with requirements
• Commercial documentation may include a bill of lading, invoice, and packing list 

The official certificate is transmitted to the BCP through IPAFFS.  

Identity checks

• a visual inspection to verify that the content and the labelling of a consignment, including the seals and means of transport, correspond to the information provided in the official certificates, official attestations and other documents accompanying it
• may require opening the container and inspecting the goods to ensure they tally will the documentation e.g. description, quantity and batch number(s)

Physical checks

• a check on goods and, as appropriate, checks on packaging, the means of transport, labelling and temperature, the sampling for analysis, testing or diagnosis and any other check necessary to verify compliance with the rules
• a percentage of consignments specified in the Official Feed and Food Controls (Scotland) Regulations 2009 , selected at random must be physically checked
• may require a sample to be taken for analysis with results to be received before the consignment can be placed on the market.
• should be carried out under appropriate hygiene conditions and at a place with access to appropriate control facilities allowing investigations to be conducted properly. The Official Feed and Food Controls (Scotland) Regulations 2009 allow an officer to require that physical checks and identity checks take place at a specified place, where necessary, for proper examination. Where an officer reasonably requires facilities and assistance to carry out checks on a product, the importer may be asked to provide these.

Additional checks may be carried out on suspicion of non-compliance

Inland checks of imported feed may involve checking the Common Health Entry Document (CHEDs) and clarifying that the consignment was imported by the correct means. 

Effective information sharing is necessary to ensure the integrity of the consignments and that the necessary checks are carried out. This information sharing shall be facilitated by FSS. This would include situations where inland supervision of consignments is required and where checks at the point of entry reveal feed safety concerns that are most appropriately dealt with inland. Similarly, whenever inland checks of imported feed reveal problems and where the point of entry for the goods can be ascertained and similar problems are likely to be found in other imported consignments, the officer should inform FDB to ensure that the information is evaluated and shared in order that all Authorised Officers can be alerted. 

Examples, but not limited to, include where: 

• a consignment of FNAO, which is subject to emergency controls or other restrictions, has been illegally imported e.g. without being presented to the Competent Authority at the point of entry for the required checks to be carried out
• the officer at the point of entry is aware that illegal imports of POAO might have been distributed
• checks on imported feed reveal labelling issues which cannot be enforced at time of import
• examination under the Official Feed and Food Controls (Scotland) Regulations 2009 (as amended) has been deferred
• unsatisfactory test results are received for samples taken for routine surveillance but meanwhile the consignment has been released from the port or
• analysis indicates, for example, that nuts are not suitable for human consumption but are referred for feed use. 

Officers are authorised to enforce import controls on feed of non-animal origin in accordance with Regulation 23 of the Official Feed and Food Controls (Scotland) Regulations 2009. They also have powers under Regulation 29 to require the person responsible for introducing feed into the UK to facilitate checks on products pursuant to Article 45 and 49 of  Regulation (EU) 2017/625 i.e. a systematic documentary check, a random identity check and, as appropriate, a physical check. 

Schedule 5 of the Official Feed and Food Control (Miscellaneous Amendments) (Scotland) Regulations 2019 specifies the competent authority for Article 15 of the  Regulation (EC) 2017/625:

“To the extent that this is necessary for the performance of official controls or of other official activities, operators shall, where required by the competent authorities, give staff of the competent authorities access to:

(a) the equipment, means of transport, premises and other places under their control and their surroundings

(b) their computerised information management systems

(c) the animals and goods under their control

(d) their documents and any other relevant information

Where a port operator is in control of premises where feed is being kept/stored or there is “reasonable cause to believe that feed has been, or is being manufactured or produced, or is being kept for the purpose of being placed on the market, incorporated in another product or used”, Regulation 24 of The (Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 gives enforcement authorities power to access the premises of port operators to examine records relating to consignments of feed. 

Whilst the person introducing consignments of feed into the UK is usually not the port operator, experience to date would suggest that port operators are keen to facilitate this process on behalf of their customers, importers of animal feed.

The Authorised Officer is required to undertake interventions at importer businesses but may also be required to undertake interventions at ports to carry out, documentary, identity and physical checks of consignments.

Officers may identify issues at the point of entry which require a referral for inland checks out with the area for which they are authorised. Officers must report their concerns to FSS by email who will arrange referral. 

Officers who receive a referral for investigation at an inland destination must respond to FSS concerning the original referral to confirm action taken by email.

An example template at Annex 5.3 is available to record imported feed checks. 

Checks should be informed by: 

• statutory requirements for documentary checks and associated sampling laid down in regulations for imported feed  
• the risk associated with different types of feed safety issues
• knowledge of the product e.g. new or unusual
• any requirements following a Feed Alert or International Food Safety Authorities Network (INFOSAN) notification
• information from the Early Warning System (EWS) for Imported food and feed
• the history of compliance for the product, country of origin and exporter/importer
• the controls that the FeBO importing the feed has carried out
• any guarantees that the competent authority of the third country of origin has given under the third country pre-export checks provisions in  Regulation (EU) 2017/625 to the UK)
• any existing co-ordinated sampling programmes
• adequacy or sufficiency of documentation e.g. discrepancies which need further investigation
• suspicion of non-compliance; and/or
• by information received from inland checks regarding non-compliant feed or from the port operator who may have concerns about a consignment.
• Inspection of consignments at points of entry must also be reported to the FeBO responsible for the consignment unless the check is of a monitoring nature designed to decide if further controls are required e.g. manifest checks. 

Deferred examinations may be considered at the point of entry where there may be a valid reason why an examination needs to be deferred, but it is anticipated this is likely to be in exceptional circumstances only.  The officer at the point of entry or the importer can request deferred examination, but the final decision to defer examination rests with FSS. The officer must contact FSS. In coming to any decision, consideration must be given to whether the appropriate checks can take place on deferral. 

Deferred examination is unlikely to be appropriate but there might be exceptional circumstances where there are overriding health and safety considerations. In all cases, where feed is of a known or emerging risk, it should be subject to relevant documentary and identity checks before being deferred for physical checks. 

When any examination is deferred, the Official Feed and Food Controls (Scotland) Regulations 2009  require that the importer provide a written undertaking that the consignment has been sealed and will not be opened until it reaches its specified destination and opening the container has been authorised by the officer carrying out the inland check.  . FSS shall ensure that the receiving officer (at the inland destination) is advised that the feed has not been examined and shall forward to the receiving officer a copy of any written undertaking given by the importer and any other relevant documents.

Products that are controlled at Border Control Posts may be permitted to move inland pending the results of laboratory tests. However, FSS may put in arrangements to ensure that the consignment remains under the continuous control of FSS and cannot be tampered with in any manner pending the results of analysis. 

Until the results of the analysis are known, the consignment must be stored at a Customs-controlled warehouse or a UK External Temporary Storage Facility (ETSF). 

Imported feed makes up 65% of feed used in the UK annually. To support a consistent and risk-based approach to monitoring of imported feed not subject to mandatory checks at point of entry, FSS shall ensure: 

• monitoring of consignments of feed to understand the trade through ports in Scotland
• application of official controls to imported feed at an appropriate frequency based on risk
• Import controls at smaller seaport and airports

Details of enforcement action in relation to imported feed materials is found in Paragraph 7.22.

The importer is liable for any costs incurred.

Feed labelling is generally enforced inland, not at the point of entry.

The Agent must maintain accurate records in retrievable form, on all relevant checks on imported feed.

• ensure records of sampling checks, results and action taken are kept. Samples are to be recorded on SFSD with a record kept on the FMIS
  • retain the CHED (after completion and stamping) and scan and save into FMIS
  • retain the original of each official certificate or any document required to accompany a consignment and, subject to checking e.g. results of analysis, scan and email to FSS and
  • ensure the information on checks includes:
    • the number and type of feed consignments
    • the checks made to determine compliance with legal requirements
    • any identifying reference for the consignment examined and country of origin.    
    • The model form in Annex 5.3 should be used for this purpose.
    • In the case of Emergency Control Measures, it is necessary to keep records relating to checks carried out and action taken. FSS shall develop template records where necessary for relevant Emergency Control Measures. Completed forms shall be scanned and saved into the FSS FMIS or eRDM.

Feed businesses from outside the UK which export certain feed products to GB must have a representative established in GB. 

Third country representation for animal feed businesses | Food Standards Agency

A GB list of Third Country Representatives is held on the FSA website

Third country representatives in Scotland are required to apply to the Food Standards Scotland. If the Agent receives any queries relating to third country representation, these shall be directed to the FDB.   

Sampling for analysis by an official laboratory e.g. the Agricultural Analyst is an official control. 

The Sampling Programme is developed by FSS at the start of each year. The programme has two elements:

• verification samples during routine and approval inspections
• sample surveillance plan to gather information

The programme will consider local concerns as well as wider issues, which may occur during the year, and this shall be considered at the quarterly FDB-officer meetings. If it is necessary to make urgent changes to the plan, the Agent will be provided with as much notice as possible, and if appropriate, the existing plan shall be adjusted to accommodate the changes. 

Officers shall take samples during inspections where they consider it necessary depending on what the officer finds at the intervention.  Sampling shall be prioritised according to the risk associated with the type of FeBO’s, the risk rating of the establishment and consideration of higher risk products which may be found at otherwise lower risk premises e.g. feed additives used in animal feed at stores or distribution facilities. 

Sampling may be used to validate that controls are in place in accordance with the Feed Safety Management Plan e.g. to confirm contamination of feed with veterinary medicines is controlled, unauthorised additives are not present etc. The officer must use professional judgment in determining at what point in the chain the feed should be sampled. 

As imported feed makes up 40% of the feed used in the UK, sampling of imported feed becomes a key mechanism to ensure the safety and quality of feed entering the UK. Feed sampling should be considered during inspections at feed importers or points of entry and during imported feed checks to assess its compliance with feed safety requirements.

FSS will develop a sample surveillance plan annually but will review and, where necessary, update the programme on a quarterly basis because of any new information received on emerging risks and compliance issues that arise during the year.

Choosing where to sample is closely linked with the risk associated with a feed business and the product. In general, feed must be sampled as far back along the supply chain as possible. FSS will provide advice in developing the sampling plan: 

• In the case of feed materials and feed additives, this will enable an assessment to take place of manufacture/origin
• normally, a compound feed must be sampled at premises where it was manufactured, unless there is reason to do otherwise e.g. the feed is the subject of a feed complaint or incident investigation
• most imported feed will be sampled inland, particularly loose, bulk materials due to difficulties with sampling them at points of entry. Samples of imported feed may therefore be taken at importers, manufacturers, distributors and stores. 

Samples taken should be “informal” unless otherwise advised or required for enforcement purposes.  Informal samples are generally taken for the purposes of surveillance, monitoring and providing advice to FeBO’s.

Formal sampling is typically conducted to ensure the samples are representative of the batch should the analytical results lead to enforcement action. Formal samples must therefore be taken in accordance with  Regulation (EU) 152/2009 on laying down methods of sampling and analysis for the official control of feed and The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005.   

When a formal sample is taken, officers should give the owner, importer or importer’s agent a receipt for, or a record of, all samples taken and a copy of the results in the case of non-compliance. A model receipt is provided in Annex 5.4.

All samples must be packed and sealed to preserve the chain of evidence. 

FSS uses the SFSD for the logging of samples and recording of sample results. Prior to sending samples to the laboratory, details of the samples must be entered into the SFSD database. The officer must enter if a sample has been taken and how many in FMIS.  Information about SFSD can be found in Annex 3.4 and at:

http://www.foodstandards.gov.scot/business-and-industry/scientists-and-researchers/food-surveillance-system

After entering sample details on to SFSD, samples must be dispatched to the laboratory within 2 working days, ensuring that the temperature chain, if necessary, and sample and packaging integrity is maintained. As the samples are considered official control samples, they must be they must be submitted to the Agricultural Analyst as an official laboratory.

The officers must ensure they have access to the equipment necessary to take samples of different types of material likely to be present at FeBEs in the area in which they carry out feed law functions and to sample materials which may be the subject of a feed complaint or incident investigation (on request from FSS). 

On request by FSS, officers may be asked to attend a feed business carrying out a feed additive trial to collect information on the trial and ensure that the feed additives, subject to the trial, do not enter the feed chain outside of the trial parameters, that products of animal origin (from the animals subject to the feed trial) do not reach the food chain unless the authorisation permits this.