The Feeding Stuffs Regulations (Northern Ireland) 1992

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations, which apply to Northern Ireland, consolidate with amendments the Feeding Stuffs Regulations (Northern Ireland) 1988 as amended, and implement the European Community directives listed at the end of this note.

2.  The Regulations apply to feeding stuffs for animals of the kinds specified in regulation 3 and for pet animals. Those feeding stuffs are prescribed for the purposes in particular of sections 68(1) and 69(1) of the Argiculture Act 1970 (“the Act” ), which require the sellers of prescribed materials to give “statutory statements” as to the composition of those materials and information or instructions as to their storage, handling and use, and to mark them with that information (regulation 4). The contents of statutory statements and other declarations are prescribed by regulation 5 and Schedules 1, 6 and 9, and their form by regulation 6. Further provisions relating to statutory statements are contained in regulations 7 and 8. Permitted limits of variation in mis-statements in statutory statements are prescribed (regulation 10 and Schedule 3).

3.  The Regulations—

(a) provide for the manner of packaging and sealing compound feeding stuffs, additives and pre-mixtures (regulation 11);

(b) provide for the meaning of names for the purposes of Section 70 of the Act (which creates an implied warranty that material described by a name to which a meaning has been assigned pursuant to that section accords with that meaning), (regulation 12(1) and Schedule 2);

(c) regulate the marketing of feeding stuffs containing additives (regulation 13 and Schedule 4);

(d) restrict or prohibit the selling and use in feeding stuffs of certain undesirable substances (regulation 14 and Schedule 5);

(e) restrict the sale or use of certain protein sources and non-protein nitrogenous compounds in feeding stuffs (regulation 15 and Schedule 7);

(f) control the labelling or marketing of additives and pre-mixtures of additives (regulation 16 and Schedule 8).

4.  The Regulations modify section 66(1) of the Act so as to provide a new definition of “feeding stuff”; and modify section 66(2) so as to make it apply to the importation and use as well as the sale of feeding stuffs. They modify section 69 of the Act in its application to imported feeding stuffs. They also modify section 82 (which provides for defences to prosecutions brought under the Act) by applying it to additional sections of Part IV of the Act (regulations 19 and 20).

5.  In addition to minor and drafting amendments, the Regulations make changes in the previous law to give effect to the following European Community Directives:

• Council Directive 90/44/EEC

• Commission Directive 91/126/EEC

• Commission Directive 91/249/EEC

• Commission Directive 91/336/EEC

• Commission Directive 91/357/EEC

• Commission Directive 91/508/EEC

• Commission Directive 91/516/EEC.

The principal changes are contained in—

(a) Schedule 1—its provisions now apply to declarations and information not contained in the statutory statement, as well as to the statutory statement itself. All the ingredients in compound feeding stuffs for agricultural animals and for most pet animals must be declared. New labelling rules require the declaration of the maximum storage life, the batch number or date of manufacture and the moisture content of animal feeds;

(b) regulation 21—which provides inspectors appointed under section 67 of the Act with a power to inspect manufacturers' records relating to compound feeding stuffs.

LIST OF DIRECTIVES

1.  Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p. 11 (OJ/SE Vol. 18, p. 4)) concerning additives in feeding stuffs, as amended by:—

• Commission Directive 91/248/EEC (OJ No. L124, 18.5.91, p. 1)

• Commission Directive 91/249/EEC (OJ No. L124, 18.5.91, p. 43)

• Commission Directive 91/336/EEC (OJ No. L185, 11.7.91, p. 31)

• Commission Directive 91/508/EEC (OJ No. L271, 27.9.91, p. 67)

2.  Council Directive 74/63/EEC (OJ No. L38, 11.2.74, p. 31) on undesirable substances and products in animal nutrition, as amended by:—

• Commission Directive 76/934/EEC (OJ No. L364, 31.12.76, p. 20)

• Council Directive 80/502/EEC (OJ No. L124, 20.5.80, p. 17)

• Commission Directive 83/381/EEC (OJ No. L222, 13.8.83, p. 31)

• Council Directive 85/3768/EEC (OJ No. L362, 31.12.85, p. 8)

• Commission Directive 86/299/EEC (OJ No. L189, 11.7.86, p. 40)

• Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p. 27)

• Commission Directive 87/238/EEC (OJ No. L110, 25.4.87, p. 25)

• Commission Directive 91/126/EEC (OJ No. L60, 7.3.91, p. 16)

• Council Directive 91/132/EEC (OJ No. L66, 13.3.91, p. 16).

3.  Council Directive 77/101/EEC (OJ No. L32, 3.2.77, p. 1) on the marketing of straight feeding stuffs, as amended by:—

• Council Directive 79/372/EEC (OJ No. L86, 6.4.79, p. 29)

• Commission Directive 79/797/EEC (OJ No. L239, 22.9.79, p. 53)

• Commission Directive 80/510/EEC (OJ No. L126, 21.5.80, p. 12)

• Commission Directive 82/937/EEC (OJ No. L383, 31.12.82, p. 11)

• Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p. 8)

• Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p. 27)

• Commission Directive 87/234/EEC (OJ No. L102, 14.4.87, p. 31).

4.  Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p. 30) on the marketing of compound feeding stuffs, as amended or supplemented by:—

• Commission Directive 80/509/EEC (OJ No. L126, 21.5.80, p. 9)

• Commission Directive 80/695/EEC (OJ No. L188, 22.7.80, p. 23)

• Commission Directive 82/475/EEC (OJ No. L213, 21.7.82, p. 27)

• Commission Directive 82/957/EEC (OJ No. L386, 31.12.82, p. 42)

• Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p. 8)

• Commission Directive 86/174/EEC (OJ No. L130, 16.5.86, p. 53)

• Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p. 27)

• Commission Directive 87/235/EEC (OJ No. L102, 14.4.87, p. 34)

• Council Directive 90/44/EEC (OJ No. L27, 31.1.90, p. 35)

• Commission Directive 91/334/EEC (OJ No. L184, 10.7.91, p. 27)

• Commission Directive 91/357/EEC (OJ No. L193, 17.7.91, p. 34)

• Commission Directive 91/516/EEC (OJ No. L281, 9.10.91, p. 23).

5.  Commission Directive 80/511/EEC (OJ No. L126, 21.5.80, p. 14) authorising, in certain cases, the marketing of compound feeding stuffs in unsealed packages or containers.

6.  Council Directive 82/471/EEC (OJ No. L213, 21.7.82, p. 8) concerning certain products used in animal nutrition, as amended by:—

• Commission Directive 85/509/EEC (OJ No. L314, 23.11.85, p. 25)

• Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p. 8)

• Commission Directive 86/530/EEC (OJ No. L312, 7.11.86, p. 39)

• Commission Directive 88/485/EEC (OJ No. L239, 30.8.88, p. 36)

• Commission Directive 89/520/EEC (OJ No. L270, 19.9.89, p. 13)

• Commission Directive 90/439/EEC (OJ No. L227, 21.8.90, p. 33).