The Zoonoses and Animal By-Products (Fees) (England) Regulations 2009

Crown Copyright Acknowledged


	Made Laid before Parliament Coming into force	21st July 2009 24th July 2009 17th August 2009

	The Secretary of State, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973(1) and paragraph 1A of Schedule 2 to the European Communities Act 1972(2) with the consent of the Treasury, makes the following Regulations.

	These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of Community instruments to be construed as a reference to those provisions as amended from time to time.

1-	Title, application and commencement

	(1)	These Regulations may be cited as the Zoonoses and Animal By-Products (Fees) (England) Regulations 2009.
	(2)	They apply in England only.
	(3)	They come into force on 17 August 2009.

2-	Interpretation

In these Regulations—

			“the 2005 Regulations” means the Animal By-Products Regulations 2005(3);
			“the European Regulation” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents(4) as amended from time to time;
			“official control samples” means samples taken by the Secretary of State under any of the following—

			(a)	point 2.1.2.2 of the Annex to Commission Regulation (EC) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003(5), as amended from time to time;
			(b)	point 2.1 of the Annex to Commission Regulation (EC) No 1168/2006 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in laying flocks of Gallus gallus and amending Regulation (EC) No 1003/2005(6), as amended from time to time; or
			(c)	point 1(b) and (c) of the Annex to Commission Regulation (EC) No 646/2007 implementing Regulation 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in broiler flocks of Gallus gallus and repealing Regulation (EC) No 1091/2005(7), as amended from time to time.

3-	Fees
	The fees prescribed in the Schedule must be paid to the Secretary of State by the person indicated in the Schedule and must be paid within 14 days of demand.
4-	Revocation
	The Zoonoses and Animal By-Products (Fees) (England) Regulations 2008 (No. 2)(8) are revoked.



	9th July 2009	Jim Fitzpatrick Minister of State Department for Environment, Food and Rural Affairs

21st July 2009

Tony Cunningham
Dave Watts
Two of the Lords Commissioners of
Her Majesty’s
Treasury

Regulation 3

Activity	Fee (£)	Fee to be paid by:

Taking or supervising the taking of official control samples	66 plus 29 per ½ hour (or part of ½ hour)	The person in charge of the holding

Examination of official control samples	15.30 per sample	The person in charge of the holding

Processing of an application for approval of a laboratory under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation	13	The operator of the laboratory

Processing of annual registration documentation in respect of a laboratory approved under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation	31	The operator of the laboratory

Inspecting a laboratory for the purpose of Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation for—	631 650.50 670	The operator of the laboratory
(a) one test	689.50
(b) two tests
(c) three tests
(d) four tests


Administering a quality control test under Regulation 21 of the 2005 Regulations or Article 12 of the European Regulation for—	36 67 67	The operator of the laboratory
(a) Salmonella
(b) Enterobacteriaceae
(c) Clostridium perfringens


Conducting tests under point 4(b)(i) of part D of Annex II to the European Regulation(9)	107.10	The person in charge of the holding

Conducting tests under point 4(b)(ii) of part D of Annex II to the European Regulation	3,435	The person in charge of the holding

Conducting tests under point 4(b)(iii) of part D of Annex II to the European Regulation	2,235	The person in charge of the holding

1 2

Contents

Title, application and commencement

Interpretation

Fees

Revocation

SCHEDULE

EXPLANATORY NOTE

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