The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003

Welsh Statutory Instruments

2003 No. 3119 (W.297)

AGRICULTURE, WALES

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003

Made

2nd December 2003

Coming into force

3rd December 2003

The National Assembly for Wales acting in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 1970 M1 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 M2 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M3 ) and now exercisable by it in relation to Wales M4 , after consultation as required by section 84(1) of that Act and by 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 M5 , and being designated M6 for the purposes of section 2(2) of the European Communities Act 1972 M7 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), makes the following Regulations:

Marginal Citations

M1 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. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.

M2 S.I. 2000/656.

M3 S.I. 2002/794.

M4 Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.

M5 OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.

M6 S.I. 1999/2788.

M7 1972 c. 68.

Title, application and commencement E+W

1.—(1) These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003.

(2) These Regulations shall apply to Wales only and shall come into force on 3rd December 2003.

Amendment of the Feeding Stuffs (Wales) Regulations 2001 E+W

2.—(1) The Feeding Stuffs (Wales) Regulations 2001 M8 shall be amended in accordance with paragraphs (2) and (3).

(2) For Part II of the Table set out in Schedule 3 (permitted additives and provisions relating to their use) there shall be substituted the Part set out in the Schedule to these Regulations.

(3) In Part IX of Schedule 3 —

(a) the following text shall be inserted immediately after the reference to Commission Regulation (EC) No. 688/2003 — “ Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs¹⁷. Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs¹⁸. ”; and

(b) the following text is inserted at the end —

“17.   OJ No. L125, 21.5.2003, p.3

18.   OJ No. L126, 22.5.2005, p.24.”.

Marginal Citations

M8 S.I. 2001/343 (W. 15), amended by S.I. 2001/1797 (W. 172), S.I. 2003/989 (W. 138) and S.I. 2003/1850 (W. 200).

Consequential amendments to the Feeding Stuffs (Wales) Regulations 2001 E+W

3.—(1) The Feeding Stuffs (Wales) Regulations 2001 shall be amended, insofar as they apply in relation to Wales, in accordance with paragraphs (2) and (3).

(2) For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph —

“(1) Section 74(2) shall have effect as if after the words “this Part of this Act” there were inserted the words “or the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001 M9 , the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 M10 , the Feeding Stuffs (Amendment) (Wales) Regulations 2002 M11 , the Feeding Stuffs (Amendment) (Wales) Regulations 2003 M12 , the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 M13 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003.”.

(3) For paragraph (1) of regulation 24 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph —

“(1) For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) shall have effect as if for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003.”.

Marginal Citations

M9 S.I. 2001/2253 (W. 163).

M10 S.I. 2001/3461 (W. 280).

M11 S.I. 2002/1797 (W. 172).

M12 S.I. 2003/989 (W. 138).

M13 S.I. 2003/1850 (W. 200).

Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 E+W

4.  The Feeding Stuffs (Sampling and Analysis) Regulations 1999 M14 shall be amended in so far as they apply in relation to Wales in accordance with regulations 5 and 6.

Marginal Citations

M14 S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/2253 (W. 163), S.I. 2002/1797 (W. 172), S.I. 2003/1677 (W. 180) and S.I. 2003/1850 (W. 200).

5.  In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “ , the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003 ”.

6.  In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “ , the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003 ”.

Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999 E+W

7.  The Feeding Stuffs (Enforcement) Regulations 1999 M15 shall be amended in so far as they apply in relation to Wales in accordance with regulations 8 to 11.

Marginal Citations

M15 S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2001/2253 (W. 163), S.I. 2001/3461 (W. 280), S.I. 2002/1797 (W. 172), S.I. 2003/989 (W. 138), S.I. 2003/1677 (W. 180) and S.I. 2003/1850 (W. 200).

8.  In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —

(a) for paragraph (2) there shall be substituted the following paragraph —

“(2) The purpose referred to in paragraph (1) is the enforcement and administration of —

(a) the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003, as read with Part IV of the Act; and

(b) sections 73 and 73A of the Act.”; and

(b) for paragraph (4) there shall be substituted the following paragraph —

“(4) The purpose referred to in paragraph (3) is the enforcement and administration of —

(a) the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003, as read with Part IV of the Act; and

(b) sections 73 and 73A of the Act.”.

9.  In each of regulations 11, 11A and 11B for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “ , the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003 ”.

10.  In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “ , the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003 ”.

11.  In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —

“(17) In this section —

“compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003;

“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003, as read with this Part of this Act, or in section 73 or 73A of this Act;

“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003;

“premises” include any land, vehicle, vessel, aircraft or hovercraft; and

“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 M16

D.Elis-Thomas

The Presiding Officer of the National Assembly

2nd December 2003

Marginal Citations

M16 1998 c. 38.

Regulation 2(2)

SCHEDULE E+W PART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001

 

“PART II E+W PERMITTED COLOURANT

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
EEC No.	Name or Description	Chemical Formula, description	Kind of animal permitted	Maximum content (mg/kg in complete) feedingstuffs	Conditions
	1.   Carotenoids and xanthophylls:
E160c	Capsanthin	C40H5603	}	}
E160e	Beta-apo-8'- carotenal	C30H400	}	}80
E160f	Ethyl ester of beta-apo-8'-carotenoic acid	C32H4402	}Poultry	}(alone or with the other carotenoids and xanthophylls)
E161b	Lutein	C40H5602	}	}
E161c	Cryptoxanthin	C40H560	}
E161g	Canthaxanthin	C40H5202	Poultry other than laying hens	25	The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
			Laying hens	8	The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
			Salmon, trout	25	Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff
			Dogs, cats and ornamental fish
	Canthaxanthin authorised for colouring foodstuffs by Community rules		All species or categories of animals other than poultry, salmon, trout, dogs and cats		Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			Dogs and cats
			Poultry other than laying hens, salmon, trout	25	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			Laying hens	8	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
E161h	Zeaxanthin	C40H5602	Poultry	}80 (alone or with other carotenoids and xanthophylls)
E161i	Citranaxanthin	C33H440	Laying hens	}
E161j	Astaxanthin	C40H5204	(a) Salmon, trout	100	Use only permitted from the age of 6 months onwards. The mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff
			(b) Ornamental fish
	2.   Other colourants
E102	Tartrazine	C16H9N4 Na3O9S2	}
E110	Sunset yellow FCF	C16H10N2 Na2O7S2	} Ornamental
E124	Ponceau 4R	C20H11N2 Na3O10S3	} fish
E127	Erythrosine	C20H6I4Na2O5 H2O
E131	Patent Blue V	Calcium salt of the disulphonic acid of m-hydroxytetra ethyl diamino triphenylcarbinol anhydride	(a) All species or categories of animals with the exception of dogs and cats		Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, (ii) denatured cereals of manioc flour, or (iii) other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			(b) Dogs and cats
E132	Indigotine	C16H8N2 Na2O8S2	Ornamental fish
E141	Chlorophyll copper complex		Ornamental fish
E142	Acid Brilliant Green BS, (Lissamine Green)	Sodium sale of 4,4'- bis (dimethylamino) diphenylmethylene -2-naphthol-3,6- disulphonic acid	(a) All species or categories of animals with the exception of dogs, cats and ornamental fish		Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, (ii) denatured cereals of manioc flour, or (iii) other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
		(b) Dogs, cats and ornamental fish
E153	Carbon black	C	}
E160B	Bixin	C25H30O4	} Ornamental fish
E172	Iron oxide, red	Fe2O3	}
	3.   All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 1990 M17		(a) All species or categories of animals with the exception of dogs and cats		Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			(b) Dogs and cats”

Marginal Citations

M17 1990 c. 16.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which apply to Wales only, further amend the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343 (W. 15), as already amended). E+W

2.  These Regulations implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (OJ No. L22, 25.1.2003, p. 28). E+W

3.  These Regulations modify the controls in the Feeding Stuffs (Wales) Regulations 2001 regulating the presence of additives in feedingstuffs by specifying new maximum levels in feed for the colourant canthaxanthin (regulation 2(2) and the Schedule). E+W

4.  They also provide for the enforcement of Commission Regulation (EC) No.871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (OJ No. L125, 21.5.2003, p.3) and Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs (OJ No. L126, 22.5.2003, p.24) (regulation 2(3)). E+W

5.  These Regulations also make consequential amendments to regulations 7(1) and 25(1) of the Feeding Stuffs (Wales) Regulations 2001 (regulation 3) and consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 4 to 11). E+W

6.  A regulatory appraisal has been prepared in relation to these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Directive 2003/7/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EN. E+W