The Act Part 2: Food and Feeding Stuffs Section 35: Regulation of animal feeding stuffs
42.This section allows the Scottish Ministers to make regulations in relation to animal feeding stuffs. This is a general power which the Scottish Government anticipates would be used only if existing powers (largely contained under section 2(2) of the European Communities Act 1972) could not be relied on to make regulations on animal feeding stuffs. The section also limits the provision which may be made for punishment of offences contained in such an order.
43.A similar power is currently available in the 1999 Act, and this provision retains this as a fall-back power. The Scottish Ministers must consult widely and take advice from FSS before making any such order.