- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (23/11/2010)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 12/01/2014
Point in time view as at 23/11/2010.
There are currently no known outstanding effects for the The Animal Feed Regulations (Northern Ireland) 2010.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1. These Regulations may be cited as the Animal Feed Regulations (Northern Ireland) 2010 and come into operation on 23rd November 2010.
Commencement Information
I1Reg. 1 in operation at 23.11.2010, see reg. 1
2.—(1) In these Regulations —
“the Act” means the Agriculture Act 1970;
“Directive 82/475” means Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals(1);
“Directive 2002/32” means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed(2);
“Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition(3);
“Directive 2008/38” means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes(4);
“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC(5);
“Regulation 242/2010” means Commission Regulation (EU) No. 242/2010 creating the Catalogue of feed materials(6).
(2) Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned.
(3) Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38, Regulation 767/2009 or Regulation 242/2010 is a reference to that Annex as it may be amended from time to time.
(4) These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation(7).
(5) The Interpretation Act (Northern Ireland) 1954(8) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Commencement Information
I2Reg. 2 in operation at 23.11.2010, see reg. 1
3. In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.
Commencement Information
I3Reg. 3 in operation at 23.11.2010, see reg. 1
4.—(1) Subject to the transitional provisions contained in Article 32, any person who contravenes or fails to comply with any provision of Regulation 767/2009 specified in Schedule 1 is guilty of an offence.
(2) Where, pursuant to Article 17(2)(c), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in the Annex to Directive 82/475 may be indicated.
Commencement Information
I4Reg. 4 in operation at 23.11.2010, see reg. 1
5.—(1) The Department of Agriculture and Rural Development is the competent authority for the purposes of —
(a)Articles 5(2), 5(3), 13(1)(a) and 17(3) and Annex VII, Chapter 1, paragraph 8; and
(b)Article 13(1)(b) as the competent authority that may request scientific substantiation of a claim and to whose attention purchasers have the right to bring doubts regarding the truthfulness of a claim.
(2) The Food Standards Agency is the competent authority for the purposes of —
(a)Article 13(1)(b) as the competent authority that may submit to the Commission doubts concerning the scientific substantiation of a claim; and
(b)Article 26(1)(b).
Commencement Information
I5Reg. 5 in operation at 23.11.2010, see reg. 1
6. In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1831/2003.
Commencement Information
I6Reg. 6 in operation at 23.11.2010, see reg. 1
7.—(1) Any person who contravenes or fails to comply with any provision specified in paragraph (2) is guilty of an offence.
(2) The provisions are —
(a)Article 3, paragraphs (1) to (4), (placing on the market, processing and use of feed additives), as read with Article 10 (status of existing products);
(b)Article 12 (post authorisation monitoring); and
(c)Article 16, paragraphs (1) to (5), (labelling and packaging of additives and premixtures).
Commencement Information
I7Reg. 7 in operation at 23.11.2010, see reg. 1
8. In this Part —
(a)any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Directive 2002/32; and
(b)“undesirable substance” means any substance or product, not being a pathogenic agent, which is present in or on a feed and —
(i)constitutes a potential danger to human or animal health or to the environment, or
(ii)could adversely affect livestock production.
Commencement Information
I8Reg. 8 in operation at 23.11.2010, see reg. 1
9.—(1) Any person who —
(a)places on the market any feed that is specified in column 2 of Annex I; or
(b)uses any such feed,
is guilty of an offence if it contains any undesirable substance listed in column 1 of that Annex in excess of the relevant maximum content specified in column 3.
(2) Any person who places on the market or uses any complementary feed is guilty of an offence if —
(a)having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of Annex I in excess of the maximum content specified for it in column 3 in relation to complete feed; and
(b)there is no provision relating to any complementary feed in the corresponding entry in column 2 of that Annex.
(3) Any person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of Annex I and which contains any undesirable substance listed in column 1 of that Annex in excess of the maximum content specified for it in column 3 is guilty of an offence.
(4) Any person who places on the market or uses any feed which is not sound and genuine and of merchantable quality is guilty of an offence.
(5) For the purposes of paragraph (4) a feed listed in column 2 of Annex I is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Annex in excess of the maximum content specified in relation to it in column 3.
(6) Any person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) shall, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.
(7) The feeds are —
(a)palm kernel expeller;
(b)feeds obtained from the processing of fish and other marine animals;
(c)seaweed meal and feed materials derived from seaweed; and
(d)complete feeds for fish or for fur-producing animals.
(8) Any person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) is guilty of an offence.
Commencement Information
I9Reg. 9 in operation at 23.11.2010, see reg. 1
10. In this Part, “the Annex” means Part B of Annex I to Directive 2008/38, as read with paragraphs 1 and 7 of Part A of that Annex.
Commencement Information
I10Reg. 10 in operation at 23.11.2010, see reg. 1
11.—(1) Any person who places on the market a feed intended for a particular nutritional purpose is guilty of an offence if the relevant requirements of paragraphs (2) to (9) are not met.
(2) In relation to any particular nutritional purpose specified in column 1 of the Annex —
(a)the feed must be intended for the animals specified opposite that particular nutritional purpose in column 3 of the Annex; and
(b)it must be recommended that the feed be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of the Annex.
(3) Where a group of additives is specified in column 2 or 4 of the Annex, the additive(s) used must be authorised as corresponding to the specified essential characteristic.
(4) Where the source of ingredients or analytical constituents is required in column 4 of the Annex, the manufacturer must make a precise declaration (for example the specific name of the ingredient, the animal species or the part of the animal) allowing the evaluation of conformity of the feed with the corresponding essential nutritional characteristics.
(5) Where the declaration of a substance that is also authorised as an additive is required in column 4 of the Annex and is accompanied by the expression “total”, the declared content must refer to the quantity naturally present where none is added or, as appropriate, the total quantity of the substance naturally present and the amount added as an additive.
(6) The declarations specified in column 4 of the Annex with the reference “if added” must be provided where the ingredient or the additive has been incorporated or increased specifically to enable the achievement of the particular nutritional purpose.
(7) The declarations to be given in accordance with column 4 of the Annex concerning analytical constituents and additives must be quantitative.
(8) Where a feed is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in the Annex.
(9) In the case of a complementary feed intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use on the label.
Commencement Information
I11Reg. 11 in operation at 23.11.2010, see reg. 1
12.—(1) Any person found guilty of an offence under regulation 4(1), 7(1), or 9(1), (2), (3) or (4) or 11(1) is liable —
(a)on summary conviction, to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both; or
(b)on conviction on indictment, to a term of imprisonment not exceeding three months or to a fine, or both.
(2) Any person found guilty of an offence under regulation 9(8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Commencement Information
I12Reg. 12 in operation at 23.11.2010, see reg. 1
13. It is the duty of the Department of Agriculture and Rural Development to execute and enforce the provisions of these Regulations.
Commencement Information
I13Reg. 13 in operation at 23.11.2010, see reg. 1
14.—(1) The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).
(2) In section 66 (interpretation of Part IV) —
(a)in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions —
““Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;”
“Regulation (EC) No 767/2009” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;”; and
(b)for subsection (2) substitute the following —
“(2) For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.”.
(3) In section 68 (duty of seller to give statutory statement) —
(a)after subsection (5) insert the following subsection —
“(5A) Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.”;
(b)after subsection (6) add the following subsection —
“(7) Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.”.
(4) In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.
(5) In section 70 (use of names or expressions with prescribed meanings) —
(a)subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if the expression “under Regulation (EC) No 767/2009” were substituted for the expression “by regulations made for the purposes of this section”; and
(b)after subsection (5) add the following subsection —
“(6) Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.”.
(6) In section 71 (particulars to be given of certain attributes if claimed to be present) —
(a)subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if —
(i)the expression “the requirements of Article 13 of Regulation (EC) No 767/2009” were substituted for the expression “subsection (1) of this section”; and
(ii)“that Article” were substituted for “that subsection”;
(b)after subsection (5) add the following subsection —
“(6) Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.”.
(7) Sections 73 and 73A shall cease to have effect.
(8) In section 74 (limits of variation) after subsection (2) add the following subsection —
“(3) Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.”.
(9) In section 74A, subsection (3) shall not apply to regulations concerning feed.
Commencement Information
I14Reg. 14 in operation at 23.11.2010, see reg. 1
15.—(1) The Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005(9) are amended in accordance with paragraphs (2) to (6).
(2) In paragraph (1) of regulation 2 (interpretation) —
(a)after the definition of “agricultural analyst” insert the following definition —
““the Animal Feed Regulations” means the Animal Feed Regulations (Northern Ireland) 2010;”; and
(b)after the definition of “Regulation 183/2005” insert the following definition —
““Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;”.
(3) In paragraph (2)(b) of regulation 15 (offences, penalties and enforcement) omit the expression “food-producing”.
(4) For paragraph (13) of regulation 24 (powers of entry for authorised officers) substitute the following paragraph —
“(13) In this regulation —
(a)“compound feeding stuff” bears the same meaning as “compound feed” as defined in Article 3(1)(h) of Regulation 767/2009; and
(b)“feeding stuff which is intended for a particular nutritional purpose” bears the same meaning as “feed intended for particular nutritional purposes” as defined in Article 3(1)(o) of that Regulation.”.
(5) In each of regulations 34(1) and (2) and 35(1) and (2) after the words “these Regulations” insert “or the Animal Feed Regulations”.
(6) In Schedule 1 (specified feed law) —
(a)for the expression “The Feeding Stuffs Regulations (Northern Ireland) 2005” substitute “The Animal Feed Regulations (Northern Ireland) 2010”; and
(b)add at the end “Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed”.
Commencement Information
I15Reg. 15 in operation at 23.11.2010, see reg. 1
16.—(1) The Official Feed and Food Controls Regulations (Northern Ireland) 2009(10) are amended in accordance with paragraph (2).
(2) In paragraph (f) of Schedule 2 (definition of relevant feed law), for the expression “the Feeding Stuffs Regulations (Northern Ireland) 2005” substitute “the Animal Feed Regulations (Northern Ireland) 2010”.
Commencement Information
I16Reg. 16 in operation at 23.11.2010, see reg. 1
17. The Regulations or parts of them listed in Schedule 2 are revoked.
Commencement Information
I17Reg. 17 in operation at 23.11.2010, see reg. 1
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys