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The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 77(4), 78(6) and (10), 79(1), (2) and (9), and 84 of the Agriculture Act 1970[1] (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000[2] and with Articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002)[3]. In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Secretary of State makes these Regulations in exercise of her powers as a Minister designated[4] for the purposes of section 2(2) of the European Communities Act 1972[5] in relation to the common agricultural policy of the European Community and measures in the veterinary and phytosanitary fields for the protection of public health. There has been consultation in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or as appropriate of Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[6]. Title, commencement and application 1. These Regulations may be cited as the Feeding Stuffs (England) Regulations 2005, come into force on 1st January 2006 and apply in relation to England only. Interpretation 2. —(1) In these Regulations—
(b) any product derived from such a product by industrial processing; or (c) any organic or inorganic substance,
(whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly as such, or after processing, in the preparation of a compound feeding stuff or as a carrier of a premixture;
(b) could adversely affect livestock production.
(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
(b) a product derived from the industrial processing of such a product; or (c) an organic or inorganic substance, used singly or in a mixture,
whether or not containing additives, for oral feeding to pet animals or farmed creatures;";
(2) Subsection (2) of section 66 shall have effect in England as if the following were substituted for paragraph (b) of that subsection—
(ii) as used as a feeding stuff whether it is so used by itself, or as an ingredient in something which is to be so used.
(c) paragraph (b) shall not apply in any circumstances in which Article 16 (labelling and packaging of feed additives and premixtures) of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition applies.[24]".
(3) Sections 73 and 73A shall have effect in England as if, for the words "animals of any description prescribed for the purpose of the definition of "feeding stuff" in section 66(1) of this Act" there were substituted the words "any farmed creatures".
(b) paragraph (b) were omitted.
Modification of the Agriculture Act 1970 in relation to imported feeding stuffs Matters required and permitted to be contained in a statutory statement or otherwise declared 8. Except in respect of additives and premixtures not contained in feeding stuffs, the particulars, information and instructions required or permitted to be contained in a statutory statement or otherwise declared, are as specified in and shall comply with the provisions of Schedule 3. Forms of statutory statement 9. —(1) Except in the circumstances relating to small quantities of feeding stuffs mentioned in Article 5(2) of the Compound Feedingstuffs Directive and subject to paragraph (2), the statutory statement—
(ii) be clearly marked directly on the package or container, and
(b) in the case of such material delivered in bulk, shall take the form of a document relating to and accompanying each consignment.
(2) In the case of any feed material sold in a quantity not exceeding 10 kg, and supplied directly to the final user, the statutory statement may be provided in the form of a notice in writing.
(b) subject to paragraphs (5) and (6), be in English; and (c) be legible and indelible.
(4) For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1)(a) or, where applicable, (2), and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
(ii) Part B of Schedule 4 (where the feeding stuff is a compound pet food), or (iii) Part C of Schedule 4 (in the case of a feed material);
(b) any vitamin or trace element specified in the first column of Part D of that Schedule; or
shall be as set out with respect to that constituent or vitamin, trace element or feeding stuff, in the corresponding entry in the second Column of the relevant Part of that Schedule.
(b) the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned; and (c) any such limits were in accordance with any applicable European Community legislation.
Assigned meanings for statutory statements or marks
(b) deliveries from producers of compound feeding stuffs to packaging enterprises; (c) compound feeding stuffs obtained by mixing grain or whole fruit; (d) blocks or licks; (e) small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision in paragraph (1).
(3) Compound feeding stuffs may be put into circulation in bulk, or in unsealed containers, but not in unsealed bags, in the case of—
(b) molassed feeding stuffs consisting of less than three feed materials; (c) pelleted feeding stuffs.
Control of feed materials
(b) in the case of any feed material of a description specified in column (1) of Part III the botanical purity by weight of the feed material is not less than 95% ; and
the feed material also complies with the provisions regarding botanical and chemical purity set out in paragraph 1 of Section II of Part A of the Annex to the Feed Materials Directive.
(b) use any such product for animal feed,
if it contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified for it in column 3 of that Schedule.
(b) there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Schedule.
(3) No person shall mix any product intended for animal feed which is specified in column 2 of Schedule 5 and which contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified for it in column 3 of that Schedule for the purpose of dilution with any product intended for animal feed.
(b) of merchantable quality.
(5) For the purposes of paragraph (4), a product intended for animal feed which is specified in column 2 of Schedule 5 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified in relation to it in column 3 of that Schedule.
(b) feeding stuffs obtained from the processing of fish or other marine animals; (c) seaweed meal and feed materials derived from seaweed; or (d) complete feeding stuffs for fish or for fur producing animals.
(8) Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in a product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Schedule 5.
(b) hide treated with tanning substances, including its waste; (c) seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products; (d) wood, sawdust or other materials derived from wood which has been treated with wood preservatives as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market[25]; (e) subject to paragraph (3), waste (whether or not subjected, or to be subjected, to further processing) obtained from the treatment of "urban waste water", "domestic waste water" or "industrial waste water" (as those terms are defined in Article 2 of Council Directive 91/271/EEC concerning urban waste water treatment), whatever the origin of the waste water concerned[26]; (f) solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption[27]; (g) packaging and parts of packaging from products used in agriculture or the food industry.
(2) For the purposes of paragraph (1) "waste" has the meaning given in Article 1 of Council Directive 75/442/EEC on waste[28].
(b) complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 6 of that Schedule.
(2) Subject to paragraph (3), no person shall sell or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the "Candida" variety cultivated on n-alkanes.
(b) subject to paragraph (2), any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.
(2) Paragraph (1)(b) shall not apply to the putting into circulation of any compound feeding stuff which—
(b) is a mineral feeding stuff; (c) contains more than 50% of sugar beet chips or sugar beet pulp; or (d) is intended for farmed fish and has a fish meal content of more than 15% ,
if the level of ash insoluble in hydrochloric acid is declared in the statutory statement as a percentage of the feeding stuff as such.
(b) the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter; (c) the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter; (d) it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter; (e) in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 7 are complied with; and (f) the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.
(2) Schedule 7 shall have effect as specified in Schedule 3.
(b) Article 12 (supervision); (c) Article 16, paragraphs (1) to (5), (labelling and packaging of additives and premixtures).
(3) In any proceedings for an offence under paragraph (2)(a) it shall be a defence to prove that the act giving rise to the offence—
(b) would not have constituted an offence under the 2000 Regulations as they were immediately before the coming into force of these Regulations.
(4) In any proceedings for an offence under paragraph (2)(c) it shall be a defence to prove that the act giving rise to the offence—
(b) would not have constituted an offence under the 2000 Regulations as they were immediately before the coming into force of these Regulations.
(5) Notwithstanding the revocation referred to in regulation 7, where before the 18th October 2004 initial comments had been forwarded to the Commission in accordance with regulation 11(2) of the 2000 Regulations that application shall be treated as if regulation 11 of those Regulations were still in force.
(b) that person's assignee or successor to ownership of the confidential information.
(2) Nothing in paragraph (1) shall restrict the publication or disclosure of such information for the purpose of the exercise of functions under that regulation. Enforcement of provisions made under section 2(2) of the European Communities Act 1972 22. In so far as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it were made under those provisions of Part IV of the Act under which the other provisions of these Regulations are made, and the provisions of that Part shall apply accordingly. Modification of section 74A(3) of the Agriculture Act 1970 23. —(1) For the purposes of the enforcement and administration of the provisions specified in paragraph (2), section 74A(3) shall have effect as if for the words "imposed by regulations under subsection (1) above, or fails to comply with any other provision of the regulations," there were substituted the words "or fails to comply with any requirement imposed by any provision specified in regulation 23(2) of the Feeding Stuffs (England) Regulations 2005". (2) The provisions specified for the purposes of paragraph (1) are regulation 12(1), 13(2) to (9), 14(1) to (4), 15(1), 16(1) and (2), 17, 18(1), 19(1) and 20(1). Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 24. —(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999[31] are amended in relation to England in accordance with paragraphs (2) to (4). (2) In Schedule 2 Part I (general provisions), in sub-paragraph 3(e)(ii) for the words "listed in Schedule 7" to the end of the sub-paragraph substitute the expression "listed in Schedule 5 to the Feeding Stuffs (England) Regulations 2005". (3) In Annex 1 to Part II of Schedule 2 for the second entry for Starch (polarimetric method) substitute—
(b) in column 3 the words "OJ No. L123, 29.5.72, p. 6 (OJ/SE 1966-1972 supplement p. 74) OJ No. L209, 7.8.99, p. 23".
(4) In Schedule 3 Part II (notes for completion of certificate), in sub-paragraph (a) of note (11)—
(b) for the expression "Feeding Stuffs Regulations 2000" substitute "Feeding Stuffs (England) Regulations 2005".
The energy value of compound poultry, ruminant and pig feeds and feeding stuffs intended for particular nutritional purposes for cats and dogs shall be calculated in accordance with the relevant formulae set out below, on the basis of the percentages of certain analytical components of the feed. After application of these formulae, the results shall be given to one decimal place. Poultry feeds: megajoules (MJ) of metabolisable energy (ME), nitrogen corrected, per kilogram of compound feed. MJ of ME/kg of feed = 0.1551 × % protein(¹) + 0.3431 × % oil(²) + 0.1669 × % starch(³) + 0.1301 × % total sugar (expressed as sucrose)(4). Ruminant feeds: megajoules (MJ) of metabolisable energy (ME) per kilogram of dry matter in the compound feed. MJ of ME/kg of dry matter = 0.14 × % Neutral detergent Cellulase plus Gamanase Digestibility(5) + 0.25 × % oil(²). Pig feeds: megajoules (MJ) of digestible energy (DE) per kilogram of dry matter in the compound feed. MJ of DE/kg of dry matter = 17.47 + 0.079 × % protein(¹) + 0.158 × % oil(²) − 0.331 × % ash(6) − 0.140 Neutral Detergent plus Amylase Fibre(5). (NB) Where the results of analysis are to be given on a dry matter basis, this may be achieved by analysing either the dried material, or fresh material and correcting for the moisture content. (¹) Determined by the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EC[32]. (NB) For pig feed the results must be corrected to 100% dry matter. (²) Determined by the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC[33]. (NB) In ruminant and pig feeds the result must be corrected to 100% dry matter. (³) Determined by the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC[34]. (4) Determined by the method of analysis for sugar specified in Point 12 of the Annex to Directive 71/250/EEC[35]. (5) Determined by the method detailed in the booklet "Prediction of Energy Values of Compound Feeding Stuffs for Farm Animals" (originally published by the Ministry of Agriculture, Fisheries and Food Publications, now available from the Department of the Environment, Food and Rural Affairs under reference No. PB1285). (6) Determined by the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC[36]. (NB) The result must be corrected to 100% dry matter. ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() Interpretation 1. The expression "in the case of any compound feeding stuff", wherever it appears in this Schedule, shall be construed as referring to any compound feeding stuff which is put into circulation. Additive declarations (applicable to all feeding stuffs) 2. Where any person puts into circulation any feeding stuff to which there has been added in the course of manufacture or preparation for putting into circulation, an additive of any of the kinds specified below (other than as an authorised medicated pre-mix or an authorised intermediate product within the meaning of Council Directive 90/167/EEC[37]) and which is not excluded from application of the Additives Directive by Article 22 of that Directive (concerning exports to third countries), the following particulars shall be contained in the statutory statement—
(ii) if the feeding stuff is a pet food and it is not covered by paragraph (iii) below, the words "with antioxidant", "coloured with" or "colourant", or "preservative" or "preserved with", as appropriate, followed by the name of the additive; and (iii) if the feeding stuff is a pet food, it is put up in a package having a net weight not exceeding 10 kilograms, its statutory statement contains a reference number by means of which the feeding stuff concerned may be identified, and its manufacturer supplies, on request, details of the name of the additive concerned,—
(bb) the words "with antioxidant", "coloured with" or "preserved with", as appropriate, followed by the word "EC additives";
(b) for vitamin A, D or E, the name of the vitamin, and the active substance level (in the case of vitamin A or D) or the alpha-tocopherol level as acetate (in the case of vitamin E), whether naturally present or added, together in either case with an indication of the period during which that level will remain present but where more than one of these vitamins is present, either the period for each or only the shortest of such periods;
(ii) the identification number allotted by the International Union of Biochemistry; (iii) the activity units (expressed as activity units per kilogram or activity units per litre); (iv) an indication of the period during which the activity units will remain present; (v) an indication of any significant characteristics of the enzyme arising during manufacture, as specified in the authorisation concerned; and (vi) the EC registration number;
(e) for micro-organisms—
(ii) the file number of each strain; (iii) the number of colony-forming units (expressed as CFU/kg); (iv) the EC registration number; (v) an indication of the period during which the colony-forming units will remain present; and (vi) an indication of any significant characteristics of the micro-organisms arising during manufacture, as specified in the authorisation concerned.
3.
In relation to the additives specified below the following particulars may be contained in the statutory statement in addition to those required by paragraph 2—
(b) for vitamins other than vitamins A, D and E, provitamins and substances having a similar chemical effect (if the amount present can be determined by any valid scientific method), the name of the additive, the active substance level, whether naturally present or added, and an indication of the period during which that level will remain present.
4.
Any amount referred to—
(b) in paragraph 2(b) shall be expressed in million international units per kilogram, international units per kilogram, milligrams per kilogram or micrograms per kilogram, as appropriate.
5.
By way of exception to paragraph 4(a), any amount referred to in paragraph 2(c), 3(a) or 3(b) may be expressed as a percentage by weight, unless the amount is less than 0.1% by weight, in which case it shall be expressed in milligrams per kilogram or micrograms per kilogram as appropriate.
8.
Where any person puts into circulation any feed material comprising or containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—
9.
In the case of any compound feeding stuff containing protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—
10.
In the case of any compound feeding stuff containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—
Feed materials
(ii) the particulars (if any) specified in relation to the feed material in the corresponding entry in column (4) of that Part;
(b) in the case of any feed material of a kind specified in column (1) of Part III to Schedule 2—
(ii) the particulars specified in relation to the feed material in the corresponding entry in column (2) of Part III to that Schedule;
(c) in the case of any feed material—
(ii) the moisture content of the feed material, if it exceeds 14% by weight of the feed material or, where a different percentage is specified in relation to that feed material in Part II or Part III to Schedule 2, if it exceeds that percentage; (iii) the moisture content of the feed material, where it does not exceed the relevant percentage specified in paragraph (ii), but a purchaser requests that the moisture content be declared; (iv) the level of ash soluble in hydrochloric acid in the feed material, if that level exceeds 2.2% in the dry matter or, where a different percentage is specified in relation to that feed material in Part II or Part III to Schedule 2, if it exceeds that percentage; (v) where any other feed material has been used to denature the feed material, the nature and quantity of the other feed material so used; (vi) where any other feed material has been used to bind the feed material, the nature of the other feed material so used; (vii) the net quantity of the feed material, expressed in units of mass in the case of any solid feed material and, in the case of any liquid feed material, in units of mass or volume; (viii) where the feed material is part of a divided batch of feed materials, reference to the original batch; (ix) the name or business name, and the address or registered business address, of the person within the European Community responsible for the particulars specified in this sub-paragraph, if the establishment referred to in sub-paragraph (x) is not responsible for them; and (x) where the establishment producing the feed material must be approved in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption[39]; the name or business name, and the address or registered business address, of the establishment, the approval number, the batch reference number or any other particulars which ensure that the material can be traced.
12.
The particulars specified in paragraph 11(a)(ii) and (b)(ii) and (c)(ii) to (iv) shall not be required where—
(b) any feed material of animal or vegetable origin, fresh or preserved, and intended for pet animals, is supplied (in a quantity not exceeding 10 kg) directly to the final user thereof, by a person established in the United Kingdom.
13.
—(1) In the case of any feed material which—
(b) is, for the first time, put into circulation in England and the European Community,
in the circumstances specified in the introductory paragraph of Article 6(2) of the Feed Materials Directive, provisional details of the particulars specified in paragraph 11(a)(ii), (b)(ii) and (c)(ii) to (iv) may be provided, if the requirements of sub-paragraph (2) below are observed.
(b) the provisional details are accompanied by the following declaration in bold type—
(c) the person responsible as mentioned in subparagraph (a) provides the final particulars in question to the person to whom the feed material is supplied, and to the inspector referred to in sub-paragraph (a), within 10 days of its arrival in England.
(3) Where the requirements of sub-paragraph (2) are observed, it shall be the duty of the inspector concerned to notify the European Commission that, in relation to the feed material concerned, the provisional particulars concerned have been provided, and to inform the Commission of the nature of those particulars.
(b) shall relate to objective or quantifiable factors which can be substantiated; and (c) shall not be misleading.
Compound feeding stuffs: general
(b) the species or category of animal for which the feeding stuff is intended and directions for the proper use of the feeding stuff, indicating the purpose for which it is intended, except where the feeding stuff is constituted from no more than three ingredients and is clearly described by reference to its ingredients, either in the statutory statement or elsewhere on its package, label or container; and (c) the name or trade name and address or registered office of the person established in the European Community responsible for the accuracy of the particulars which, in accordance with this Schedule are required in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared.
(2) In the case of—
(b) any feeding stuff for pet animals other than dogs or cats, each of the descriptions "complete feeding stuff" and "complementary feeding stuff" may be replaced by either of the descriptions "compound feeding stuff" or "compound pet food", but in such a case the statutory statement shall comply with paragraph 19 below and the provisions relating to complete feeding stuffs in Part II of this Schedule, even if it would not otherwise be required to do so.
18.
In the case of any compound feeding stuff, the following particulars shall be declared either in the statutory statement, or elsewhere on the package, label or container (in which case the statutory statement shall indicate where they are to be found)—
(b) the minimum storage life, which shall be expressed—
(ii) in all other cases by the words "best before . . ." followed by the appropriate date (month and year),
except that, where an expiry date for a period is required to be declared by paragraph 2(b) or 3(b), and is earlier than the appropriate date otherwise required by this paragraph, that expiry date shall be used as the appropriate date;
19.
—(1) In the case of any compound feeding stuff other than a whole grain mix, the statutory statement—
(b) may include such declarations provided for in the columns of Part II of this Schedule as may be included,
for consistency with Article 5 of the Compound Feedingstuffs Directive.
(2) In the case of a whole grain mix, or a compound feeding stuff with a moisture content not exceeding the limits stated in sub-paragraph (1) which is put into circulation, the moisture content may be declared in the statutory statement. 21. In the case of any compound feeding stuff having a level of ash insoluble in hydrochloric acid not exceeding the relevant level specified in regulation 18(1)(a) or, as the case may be, (b), that level may be declared in the statutory statement as a percentage of the feeding stuff as such. 22. In the case of any compound feeding stuff, the following particulars may be included in the statutory statement—
(b) an indication of the physical condition of the feeding stuff or the specific processing it has undergone; (c) the date of manufacture, expressed as follows—
(d) the identification mark or trade mark of the person responsible for the particulars which, in accordance with this Schedule, are required or permitted in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared;
23.
—(1) In the particulars required or permitted by paragraphs 18 to 21 and 25 and by paragraph 19 of Schedule 4 to the 2000 Regulations to be set out in the statutory statement—
(b) phosphorus shall be expressed as "phosphorus P".
(2) An expression of an amount as being within a range of percentages set out in the statutory statement shall not be regarded as compliance with sub-paragraph (1).
(b) shall not be designed to indicate the presence or content of analytical constituents other than those the declaration of which is provided for in this Schedule or in Schedule 7; (c) shall relate to objective or quantifiable factors which can be substantiated; (d) shall not be misleading, in particular by attributing to the feeding stuff effects or properties that it does not possess, or by suggesting that it possesses special characteristics, when all similar feeding stuffs contain similar properties; (e) shall not claim that the feeding stuff will prevent, treat or cure a disease; (f) shall not, in the case of any feeding stuff intended for a particular nutritional purpose, include a generic description other than in the form of the generic term "dietetic"; (g) shall not, in the case of any feeding stuff other than one intended for a particular nutritional purpose, include a generic description in that form; and (h) shall not include reference to a particular pathological condition, unless—
(ii) the particular nutritional purpose is specified in respect of that feeding stuff in column 1 of Chapter A of Schedule 7 and relates to that condition.
Compound pet food: specific provisions
(b) by their specific names in descending order by weight; or (c) by categories, as described in Part I of Schedule 8, in descending order by weight,
and the use of one of those forms of declaration shall preclude the use of either of the others, except—
(ii) in the case of any feeding stuff intended for a particular nutritional purpose, paragraph 29(2) below and paragraph 3 of Chapter B of Schedule 7 require the declaration of any feed material by its specific name, in which case any feed material to which those provisions do not apply may be declared by reference to the category to which it belongs.
26.
Where any declaration under paragraph 25 or under paragraph 19 of Schedule 4 to the 2000 Regulations is by specific names, any feed material described in column 3 of Part II of Schedule 2 shall be declared by the corresponding name specified in column 2 of that Part (the inclusion of any word appearing in brackets in that column being optional).
(b) in the list of ingredients; or (c) by mentioning that presence or low content and the percentage thereof (by weight) opposite the corresponding category of ingredients.
Feeding stuffs for particular nutritional purposes
(b) a description of the feeding stuff; (c) the particular nutritional purpose of the feeding stuff, as specified in column 1 of Chapter A of Schedule 7; (d) the essential nutritional characteristics of the feeding stuff, as specified in column 2 of that Chapter; (e) the declarations prescribed in column 4 of that Chapter; (f) the declarations, if any, prescribed in column 6 of that Chapter; (g) where any declarations prescribed in that column do not include a declaration that it is recommended that the prior opinion of a veterinarian be sought, the words "It is recommended that a specialist's opinion be sought before use"; and (h) the recommended length of time for use of the feeding stuff.
(2) The particulars required by sub-paragraph (1) to be contained in the statutory statement shall be declared in accordance with the requirements of paragraphs 3–7 and 9 of Chapter B of Schedule 7. ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() 1. Where there is more than one group of nutritional characteristics indicated in column 2 of Chapter A, denoted by "and/or", for the same nutritional purpose, the feeding stuff may have either or both groups in order to fulfil the nutritional purpose specified in column 1. 2. Where a group of additives is mentioned in column 2 or column 4 of Chapter A, the additive(s) used must be authorised as corresponding to the specified essential characteristic. 3. Where the source(s) of feed materials or of analytical constituents is/are required in column 4 of Chapter A the manufacturer must make a specific declaration (i.e. specific name of the feed material(s), animal species or part of the animal) allowing the evaluation of conformity of the feeding stuff with the corresponding essential nutritional characteristics. 4. Where the declaration of a substance, also authorised as an additive, is required by column 4 of Chapter A and is accompanied by the expression "total", the declared content must refer to, as appropriate, the quantity naturally present where none is added or the total quantity of the substance naturally present and the amount added as an additive. 5. The declarations specified in column 4 of Chapter A which include the words "if added" are required where the feed material or the additive has been incorporated or its content increased specifically to enable the achievement of the particular nutritional purpose. 6. The declarations to be given in accordance with column 4 of Chapter A concerning analytical constituents and additives must be expressed in quantitative terms. 7. The recommended period of use indicated in column 5 of Chapter A indicates a range within which the nutritional purpose should normally be achieved. Manufacturers may refer to more precise periods of use, within the permitted range. 8. Where a feeding stuff is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in Chapter A. 9. In the case of a complementary feeding stuff intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use. ![]() The Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001[40], in so far as they amend the 2000 Regulations. The Feeding Stuffs (Amendment) Regulations 2002[41], in so far as they amend the 2000 Regulations in relation to England. The Feeding Stuffs (Amendment) Regulations 2003[42], in so far as they amend the 2000 Regulations in relation to England. The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003[43], with the exception of regulations 6 and 10(c), in so far as they amend the 2000 Regulations. The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No.2) Regulations 2003[44], in so far as they amend the 2000 Regulations. The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004[45] in so far as they amend the 2000 Regulations. The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No.2) Regulations 2004[46] in so far as they amend the 2000 Regulations. (This note is not part of the Regulations) 1. These Regulations which apply in relation to England only—
(b) introduce new provisions to enforce and administer Regulation (EC) No. 1831/2003 on additives for use in animal nutrition ("the Additives Regulation"); and (c) implement Commission Directive 2004/116/EC amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii.
They provide for the implementation or as the case may be the continuing implementation of the EC Directives and Decision listed at paragraph 11 below.
(b) attribute meanings to the names of certain materials for the purposes of section 70 of the Act (which creates an implicit warranty that material described by a name to which a meaning has been assigned under that section accords with the meaning (regulation 11); (c) prescribe the way in which compound feeds may be sealed and packaged (regulation 12); (d) regulate the putting into circulation and use of feed materials (regulation 13 and Schedule 2); (e) restrict the putting into circulation or use of feeding stuffs containing specified undesirable substances (regulation 14 and Schedule 5); (f) prohibit the putting into circulation or use of any feeding stuff containing certain prescribed substances (regulation 15); (g) control the marketing and use of certain protein sources and non-protein nitrogenous compounds in feeds (regulation 16 and Schedule 6); (h) regulate the iron content of milk replacer feeds (regulation 17); (i) prohibit the putting into circulation of compound feeding stuffs in which the amount of ash insoluble in hydrochloric acid exceeds specified levels (regulation 18); and (j) control the marketing of feeds intended for particular nutritional purposes (dietetics) (regulation 19 and Schedule 7).
8.
These Regulations provide for the implementation of Commission Directive 2004/116/EC mentioned above by including Candida guilliermondii among the substances authorised and regulated by regulation 16 and Schedule 6, and in regulation 20 provide for the execution and enforcement of the Additives Regulation by—
(b) giving effect to the transitional arrangements in the Additives Regulation relating to products already on the market that were authorised under superseded EC legislation (paragraph (3)); and (c) giving effect to the transitional arrangements in the Additives Regulation relating to applications for authorisation under the superseded EC legislation that were still being processed at the date of application of the Additives Regulation.
9.
In relation to feed additives these Regulations also maintain the duty of confidentiality imposed by the 2000 Regulations on anyone who may, in the course of processing an application for authorisation, have acquired commercially sensitive information (regulation 21).
(b) modify section 74A of the Act and provide for offences and penalties in relation to matters covered by the Regulations that would not otherwise come within that section (regulation 23); and (c) amend, in relation to England, the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in the same way as that expressed as a modification in the 2000 Regulations, and also make consequential amendments to the 1999 Regulations mentioned above (regulation 24).
11.
The EC Directives implemented by these Regulations are—
(b) Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p. 30) on the circulation of compound feedingstuffs, as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p. 36); (c) Council Directive 82/471/EEC (OJ No. L213, 21.7.82, p. 8) concerning certain products used in animal nutrition, as last amended by Commission Directive 2004/116/EC (OJ No. L379, 24.12.2004, p. 81); (d) Council Directive 93/74/EEC (OJ No. L237, 22.9.93, p. 23) on feedingstuffs intended for particular nutritional purposes, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1); (e) Commission Directive 94/39/EC (OJ No. L207, 10.8.94, p. 20) establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes; (f) Council Directive 96/25/EC (OJ No. L125, 23.5.96, p. 35) on the circulation and use of feed materials, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1); (g) Directive 2002/32/EC of the European Parliament and of the Council (OJ No. L140, 30.5.2002, p. 10) on undesirable substances in animal feed, as last amended by Commission Directive 2003/100/EC (OJ No. L285, 1.11.2003, p. 33); and (h) Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited (OJ No. L67, 5.3.2004, p. 31).
12.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a transposition note setting out how the provisions of Commission Directive 2004/116/EC have been transposed into domestic law by these Regulations. Copies may be obtained from the Primary Production Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1970 c. 40. 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. Functions of "the Ministers", so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.back [4] S.I. 1972/1811 in relation to the common agricultural policy and S.I. 1999/2027 in relation to measures in the veterinary and phytosanitary fields for the protection of public health.back [6] OJ No. L31, 1.2.2002, p. 1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p. 4).back [7] OJ No. L270, 14.12.70, p. 1 (OJ/SE Vol. 18, p. 4) last amended by Council Directive 1999/20/EC (OJ No. L80, 25.3.1999, p. 20).back [8] OJ No. L268, 18.10.2003, p. 29. Last amended by Commission Regulation (EC) No 378/2005 (OJ No. L59, 5.3.2005, p. 8).back [9] OJ No. L155, 12.7.71, p. 13 (OJ/SE 1971(II), p. 480).back [10] OJ No. L213, 21.7.82, p. 8. Last amended by Commission Directive 2004/116/EC (OJ No. L379, 24.12.2004, p. 81).back [11] OJ No. L86, 6.4.79, p. 30. Last amended by Council Regulation (EC) No 807/2003 (OJ No. L122, 16.5.2003, p. 36).back [12] OJ No. L35, 8.2.2005, p. 1.back [13] OJ No. L279, 20.12.71, p. 7 (OJ/SE 1971(III), p. 987). (Part IV was replaced entirely by Annex 1 to Directive 84/4/EEC (OJ No. L15. 18.1.84, p. 28. That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p. 14)).back [14] OJ No. L92, 7.4.90, p. 42.back [15] OJ No. L125, 23.5.96, p. 35. Last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p. 1).back [16] OJ No. L83, 30.3.73, p. 21. (Point 3 of Annex 1 was replaced entirely by the Annex to Directive 92/89/EEC) (OJ No. L344, 26.11.92, p. 35)).back [17] S.I. 2002/843, as amended by S.I. 2002/1253, S.I. 2002/2860, S.I. 2003/1482 and S.I. 2004/1518.back [18] OJ No. L279, 20.12.71, p. 7 (OJ/SE 1971(III), p. 987), amended by Article 1 of Directive 73/47/EEC (OJ No. L83, 30.3.73, p. 35).back [19] OJ No. L279, 20.12.71, p. 7 (OJ/SE 1971(III), p. 987). (Part IV was replaced entirely by Annex 1 to Directive 84/4/EEC (OJ No. L15. 18.1.84, p. 28). That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p. 14).back [20] S.I. 2002/843, as amended by S.I. 2002/1253, S.I. 2002/2860, S.I. 2003/1482 and S.I. 2004/1518.back [21] OJ No. L123, 29.5.72, p. 6 (OJ/SE 1966-1972 supplement, p. 74), (Point 2 of Annex 1 has been replaced by the Annex to Directive 93/28/EEC (OJ No. L179, 22.7.93, p. 8)).back [22] OJ No. L123, 29.5.72, p. 6 (OJ/SE 1966-1972 supplement, p. 74), (Point 1 of Annex 1 has been replaced entirely by the Annex to Directive 1999/79/EC (OJ No. L209, 7.8.1999, p. 23)).back [23] S.I. 2000/2481, as last amended by S.I. 2004/2688.back [24] OJ No. L268, 18.10.2003, p. 29.back [25] OJ No. L123, 24.4.98, p. 1, as amended by Regulation (EC) 1882/2003 of the European Parliament and of the Council (OJ No. L284, 31.10.2003, p. 1).back [26] OJ No. L135, 30.5.1991, p. 40, as last amended by Regulation (EC) 1882/2003 of the European Parliament and of the Council (OJ No. L284, 31.10.2003, p. 1).back [27] OJ No. L273, 10.10.2002, p. 1, as amended by Commission Regulation (EC) 808/2003 (OJ No. L117, 13.5.2003, p. 1).back [28] OJ No. L194, 25.7.95, p. 39, as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (OJ No. L284, 31.10.2003, p. 1).back [29] OJ No. L67, 5.3.2004, p. 31.back [30] OJ No. L151, 19.6.2003, p. 38, amending Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L140, 30.5.2002, p. 10).back [31] S.I. 1999/1663. These Regulations are subject to a number of amendments but none is relevant.back [32] OJ No. L123, 29.5.72, p. 6 (OJ/SE 1966–1972 supplement, p. 74). Point 2 of Annex 1 has been replaced entirely by the Annex to Directive 93/28/EC (OJ No. L179, 22.7.93, p. 8).back [33] OJ No. L279, 20.12.71, p. 7 (OJ/SE 1971(III), p. 987). Part IV was entirely replaced by Annex 1 to Directive 84/4/EEC (OJ No. L15, 18.1.84, p. 28). That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p. 14).back [34] OJ No. L123, 29.5.72, p. 6 (OJ/SE 1966-1972 supplement, p. 74) (as replaced entirely by the Annex to Directive 1999/79/EC (OJ No. L209, 7.8.1999, p. 23)).back [35] OJ No. L155, 12.7.71, p. 13 (OJ/SE 1971(II), p. 480) as corrected by a corrigendum published in July 1975 (consolidated edition of corrigenda to the first series of specified editions of EC legislation (1952 to 1972)).back [36] OJ No. L155, 12.7.71, p. 13 (OJ/SE 1971(II), p. 480).back [37] Council Directive 90/167/EEC (OJ No. L92, 7.4.1990, p. 42) laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community.back [38] OJ No. L206, 29.7.78, p. 43.back [39] OJ No. L273, 10.10.2002, p. 1.back
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