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The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 1970[1] and of all other powers enabling them in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, and the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations: Title and commencement 1. These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1999, and shall come into force on 2nd July 1999. Amendment of the Feeding Stuffs Regulations 1995 2. The Feeding Stuffs Regulations 1995[4] shall be further amended in accordance with regulations 3 to 5 below. 3. In regulation 2(1) (interpretation)-
(b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;
(b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the Member State, in accordance with any requirements in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer's holding;";
(b) after the definition of "energy value" there shall be inserted the following definitions-
4.
In regulation 15 (which deals with undesirable substances)-
(4) Subject to paragraph (4A) below, no person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 5, or in column 2 of Chapter B of that Part, which contains any substance specified in relation to the material in question in the corresponding entry in column 1 of the Chapter in question, in excess of the maximum content specified in relation to the corresponding feed material in column 3 of Part I of that Schedule, unless the feed material put into circulation-
(ii) a UK approved or permitted Article 2.2(f) establishment, (iii) an EC approved or permitted Article 2.2(d) establishment, or (iv) an EC approved or permitted Article 2.2(f) establishment, and
(b) is accompanied by a document stating-
(ii) that it may not be fed unprocessed to livestock, and (iii) the amount of the specified substance contained in it,
or is intended for supply by way of export to a third country.
(4A) For the purposes of paragraph (4) above, no UK or EC establishment shall be considered an approved establishment unless-
(b) in the case of an EC establishment, it is included in the most recently published list (if any) equivalent in the Member State concerned to the national list.
(5) No person shall mix with any feeding stuff or feed material, any feed material specified in column 2 of Chapter A of Part II of Schedule 5, if the feed material so specified contains any substance specified in the corresponding entry in column 1 of that Part in excess of the maximum content specified in relation thereto in column 3 thereof.
(b) of merchantable quality.".
(b) in paragraphs (7), (9) and (10), for the expression "ingredient", wherever it appears, there shall be substituted the expression "feed material", with any immediately preceding indefinite article changed consequentially;
5.
In Schedule 5 (prescribed limits for undesirable substances)-
(b) for Part II there shall be substituted the contents of the Schedule to these Regulations.
(This note is not part of the Regulations) These Regulations amend the Feeding Stuffs Regulations 1995 as amended ("the principal Regulations") and implement-
(b) in so far as it relates to farmed and pet animals, Article 5(2)(a) of Council Directive 1999/29/EC on the undesirable substances and products in animal nutrition (OJ No. L115, 4.5. 99, p.32) which provision is substituted for that contained in Article 18 of Council Directive 95/69/EC (OJ No. L332, 30.12.95, p.15); and (c) Annexes I and II of Council Directive 1999/29/EC, which are substituted for Annexes I and II of Commission Directive 97/8/EC (OJ No. L48, 19.2.97, p.22).
In addition to making minor and drafting changes, the Regulations amend the principal Regulations by-
(b) adding a new Chapter, designated "Chapter B", in Part II of Schedule 5, and consequentially placing existing entries in that Part under the heading "Chapter A" (regulation 5(b)); (c) modifying the provisions in regulation 15(4) relating to sale etc. of ingredients (now re-designated "feed materials") specified in Part II of Schedule 5, as regards the identities of the feed materials concerned and of those to whom they may be supplied (regulation 4(a)); and (d) deleting regulation 15(8), which exempted from regulation 15(1) to (5) certain categories of substance (regulation 4(c)).
Notes: [1] 1970 c. 40; section 74A was inserted by the European Communities Act 1972, c. 68, Schedule 4, paragraph 6, and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980). Section 66(1) contains definitions of the expressions "the Ministers", "prescribed" and "regulations"; the definition of "the Ministers" was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1.back [4] S.I. 1995/1412, amended by S.I. 1996/1260. S.I. 1998/104 and S.I. 1998/2072.back [5] OJ No. L332, 30.12.95, p.17.back [6] OJ No. L115, 4.5.1999, p.32.back
ISBN 0 11 082758 9
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