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Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 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 (Text with EEA relevance)
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feed materials,
compound feed containing authorised mineral binding agents,
mineral feed,
compound feed containing more than 50 % of rice or sugar beet by-products,
compound feed intended for farmed fish with a fish meal content of over 15 %,
provided that the level is declared on the label.
5 % in the case of mineral feed containing no organic substances,
7 % in the case of milk replacer feeds and other compound feed with a milk-product content exceeding 40 %,
10 % in the case of mineral feed containing organic substances,
14 % in the case of other feed.
Textual Amendments
F1Annex 2 point 3 inserted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 18(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in grams or kilograms or units of volume of complementary feed and feed materials per animal per day, or
percentage of the daily ration, or
per kilo of complete feed or percentage in complete feed,
in order to ensure that the respective maximum contents of feed additives in the daily ration are complied with.
Textual Amendments
F2Substituted by Commission Regulation (EU) 2018/1903 of 5 December 2018 correcting Annexes IV, VI and VII to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, and correcting certain language versions of Annexes II, IV, V and VI to that Regulation (Text with EEA relevance).
Chapter 1: Prohibited materials
Faeces, urine and separated digestive tract content resulting from the emptying or removal of digestive tract, irrespective of any form of treatment or admixture.
Hide treated with tanning substances, including its waste.
Seeds and other plant-propagating materials which, after harvest, have undergone specific treatment with plant-protection products for their intended use (propagation), and any by-products derived therefrom.
Wood, including 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 of 16 February 1998 concerning the placing of biocidal products on the market(1).
[F3All waste obtained from the various phases of the treatment of the urban, domestic and industrial waste water, as defined in Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (2) , irrespective of any further processing of that waste and irrespective of the origin of the waste waters (3) .
Solid urban waste (4) , such as household waste.]
Packaging from the use of products from the agri-food industry, and parts thereof.
[F4Protein products obtained from yeasts of the Candida variety cultivated on n-alkanes.]
Chapter 2: Restricted materials
Textual Amendments
F3 Substituted by Commission Regulation (EU) No 568/2010 of 29 June 2010 amending Annex III to Regulation (EC) No 767/2009 of the European Parliament and of the Council as regards the prohibition to place on the market or use for animal nutritional purposes protein products obtained from yeasts of the Candida variety cultivated on n-alkanes (Text with EEA relevance).
F4 Inserted by Commission Regulation (EU) No 568/2010 of 29 June 2010 amending Annex III to Regulation (EC) No 767/2009 of the European Parliament and of the Council as regards the prohibition to place on the market or use for animal nutritional purposes protein products obtained from yeasts of the Candida variety cultivated on n-alkanes (Text with EEA relevance).
Textual Amendments
Textual Amendments
F7Words in Annex 4 Pt. A point (1) omitted (31.12.2020) by virtue of The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 120; 2020 c. 1, Sch. 5 para. 1(1)
a The tolerances are given either as an absolute percentage value (this value must be subtracted from/added to the declared content) or as a relative value marked with ‘ % ’ after the value (this percentage must be applied to the declared content to calculate the acceptable deviation). | |||
b The tolerances are applicable where no tolerance has been laid down in accordance with an EU method or in accordance with an official national method in the Member State in which the feed is placed on the market or in accordance with an method adopted by the European Committee for Standardisation (https://standards.cen.eu/dyn/www/f?p=204:32:0::::FSP_ORG_ID,FSP_LANG_ID:6308,25&cs=1C252307F473504B6354F4EE56B99E235). ] | |||
Constituent | Declared content of the constituent | Tolerance a | |
---|---|---|---|
[%] | Below the labelled value | Above the labelled value | |
crude fat | < 8 | 1 | 2 |
8 - 24 | 12,5 % | 25 % | |
> 24 | 3 | 6 | |
crude fat, feed for non-food producing animals | < 16 | 2 | 4 |
16 - 24 | 12,5 % | 25 % | |
> 24 | 3 | 6 | |
crude protein | < 8 | 1 | 1 |
8 - 24 | 12,5 % | 12,5 % | |
> 24 | 3 | 3 | |
crude protein, feed for non-food producing animals | < 16 | 2 | 2 |
16 - 24 | 12,5 % | 12,5 % | |
> 24 | 3 | 3 | |
crude ash | < 8 | 2 | 1 |
8 - 32 | 25 % | 12,5 % | |
> 32 | 8 | 4 | |
crude fibre | < 10 | 1,75 | 1,75 |
10 - 20 | 17,5 % | 17,5 % | |
> 20 | 3,5 | 3,5 | |
sugar | < 10 | 1,75 | 3,5 |
10 - 20 | 17,5 % | 35 % | |
> 20 | 3,5 | 7 | |
starch | < 10 | 3,5 | 3,5 |
10 - 20 | 35 % | 35 % | |
> 20 | 7 | 7 | |
calcium | < 1 | 0,3 | 0,6 |
1 - 5 | 30 % | 60 % | |
> 5 | 1,5 | 3 | |
magnesium | < 1 | 0,3 | 0,6 |
1 - 5 | 30 % | 60 % | |
> 5 | 1,5 | 3 | |
sodium | < 1 | 0,3 | 0,6 |
1 - 5 | 30 % | 60 % | |
> 5 | 1,5 | 3 | |
total phosphorus | < 1 | 0,3 | 0,3 |
1 - 5 | 30 % | 30 % | |
> 5 | 1,5 | 1,5 | |
ash insoluble in hydrochloric acid | < 1 | no limits are set | 0,3 |
[F21 - 5] | 30 % | ||
> 5 | 1,5 | ||
potassium | < 1 | 0,2 | 0,4 |
1 - 5 | 20 % | 40 % | |
> 5 | 1 | 2 | |
moisture | < 2 | no limits are set | 0,4 |
2 - < 5 | 20 % | ||
5 - 12,5 | 1 | ||
> 12,5 | 8 % | ||
energy value b | 5 % | 10 % | |
protein value b | 10 % | 20 % |
Textual Amendments
As regards feed additives listed as analytical constituents, the tolerances shall apply to the total amount labelled as the guaranteed quantity at the end of the minimum storage life of the feed.
Where the content of a feed additive in a feed material or compound feed is found to be below the declared content, the following tolerances shall apply (5) :
10 % of the declared content if the declared content is 1 000 units or more;
100 units if the declared content is less than 1 000 units but not less than 500 units;
20 % of the declared content if the declared content is less than 500 units but not less than 1 unit;
0,2 units if the declared content is less than 1 unit but not less than 0,5 units;
40 % of the declared content if the declared content is less than 0,5 units.
Feed material consisting of | Compulsory declaration of | |
---|---|---|
1. | Forages and roughage | Crude protein, if > 10 % Crude fibre |
2. | Cereal grains | |
3. | Products and by-products of cereal grains | Starch, if > 20 % Crude protein, if > 10 % [F2Crude fat], if > 5 % Crude fibre |
4. | Oil seeds, oil fruits | |
5. | Products and by-products of oil seeds, oil fruits | Crude protein, if > 10 % [F2Crude fat], if > 5 % Crude fibre |
6. | Legume seeds | |
7. | Products and by-products of legume seeds | Crude protein, if > 10 % Crude fibre |
8. | Tubers, roots | |
9. | Products and by-products of tubers and roots | Starch Crude fibre Ash insoluble in HCl, if > 3,5 % of dry matter |
10. | Products and by-products of the sugar beet processing industry | Crude fibre, if > 15 % Total sugar, calculated as sucrose Ash insoluble in HCl, if > 3,5 % of dry matter |
11. | Products and by-products of the sugar cane processing industry | Crude fibre, if > 15 % Total sugar calculated as sucrose |
12. | Other seeds and fruits, their products and by-products, except those mentioned in 2-7 | Crude protein Crude fibre [F2Crude fat], if > 10 % |
13. | Other plants, their products and by-products, except those mentioned in 8-11 | Crude protein, if > 10 % Crude fibre |
14. | Milk products and by-products | Crude protein Moisture, if > 5 % Lactose, if > 10 % |
15. | Land animal products and by-products | Crude protein, if > 10 % [F2Crude fat], if > 5 % Moisture, if > 8 % |
16. | Fish, other marine animals, their products and by-products | Crude protein, if > 10 % [F2Crude fat], if > 5 % Moisture, if > 8 % |
17. | Minerals | Calcium Sodium Phosphorus Other relevant minerals |
18. | Miscellaneous | Crude protein, if > 10 % Crude fibre [F2Crude fat], if > 10 % Starch, if > 30 % Total sugar, as sucrose, if > 10 % Ash insoluble in HCl, if > 3,5 % of dry matter |
additives where a maximum content is set for at least one food producing animal;
additives belonging to the categories ‘ zootechnical additives ’ and ‘ coccidiostats and histomonostats ’ ;
additives for which the recommended maximum contents established in the legal act authorising the feed additive are exceeded.
The labelling particulars shall be indicated in accordance with the legal act authorising the feed additive in question.
The added amount referred to in the first paragraph shall be expressed as the amount of the feed additive except where the legal act authorising the respective feed additive indicates a substance in the column ‘ minimum/maximum content ’ . In this latter case, the added amount shall be expressed as the amount of that substance.
Functional group | Name and description | Abbreviated name |
---|---|---|
1h | Substances for control of radionuclide contamination: substances that suppress absorption of radionuclides or promote their excretion | Radionuclide controllers |
1m | Substances for reduction of the contamination of feed by mycotoxins: substances than can suppress or reduce the absorption, promote the excretion of mycotoxins or modify their mode of action | Mycotoxin reducers |
1n | Hygiene condition enhancers: substances or, when applicable, microorganisms which favourably affect the hygienic characteristics of feed by reducing a specific microbiological contamination | Hygiene improvers |
2b | Flavouring compounds: substances the inclusion of which in feedingstuffs increase feed smell or palatability. | Flavourings |
3a | Vitamins, pro-vitamins and chemically well-defined substances having similar effect | Vitamins |
3b | Compounds of trace elements | Trace elements |
3c | Amino acids, theirs salts and analogues | Amino acids |
3d | Urea and its derivatives | Urea |
4c | Substances affecting favourably the environment | Environment improvers |
Compound feed | Target species | Analytical constituents and levels |
---|---|---|
Complete feed | All species All species All species All species All species All species All species Pigs and poultry Pigs and poultry |
|
Complementary feed — Mineral | All species All species All species Pigs and poultry Pigs and poultry Ruminants |
|
Complementary feed — Other | All species All species All species All species All species All species All species Pigs and poultry Pigs and poultry Ruminants |
|
additives where a maximum content is set for at least one non-food producing animal;
additives belonging to the categories ‘ zootechnical additives ’ and ‘ coccidiostats and histomonostats ’ ;
additives for which the recommended maximum contents established in the legal act authorising the feed additive are exceeded.
The labelling particulars shall be indicated in accordance with the legal act authorising the feed additive in question.
The added amount referred to in the first paragraph shall be expressed as the amount of the feed additive except where the legal act authorising the respective feed additive indicates a substance in the column ‘ minimum/maximum content ’ . In this latter case, the added amount shall be expressed as the amount of that substance.
Compound feed | Target species | Analytical constituents |
---|---|---|
Complete feed | Cats, dogs and fur animals Cats, dogs and fur animals Cats, dogs and fur animals Cats, dogs and fur animals |
|
Complementary feed — Mineral | All species All species All species |
|
Complementary feed — Other | Cats, dogs and fur animals Cats, dogs and fur animals Cats, dogs and fur animals Cats, dogs and fur animals |
|
Textual Amendments
F8Words in Annex 8 heading substituted (31.12.2020) by The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 121; 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
Directive 79/373/EEC | Directive 96/25/EC | Other acts: Directives 80/511/EEC (1), 82/471/EEC (2), 93/74/EEC (3), 93/113 EC (4), or Decision 2004/217/EC (5) | This Regulation |
---|---|---|---|
— | — | — | Article 1 |
Article 1 | Article 1 | (2), (4): Article 1 (3): Article 4 | Article 2 |
Article 2 | Article 2 | (2), (3): Article 2 | Article 3 |
— | — | — | Article 4(1) |
Article 3 | Article 3 | (3): Article 1(2) | Article 4(2) |
Article 4 | Article 4(3) | ||
— | — | — | Article 5(1) |
Article 12 | (3): Article 10(2) | Article 5(2) | |
Article 10a(3) | Article 11(b) | (2): Article 8 | Article 6 |
— | — | — | Article 7 |
— | — | — | Article 8 |
(3): Article 3 | Article 9 | ||
(3): Article 6 | Article 10 | ||
Article 5e | Article 11(1) | ||
Article 5(2) | Article 5(1) | (2): Article 5(2) | Article 11(2) |
— | — | — | Article 11(3) |
Article 5(6) | Articles 4 and 6(4) | Article 11(4) | |
Article 6 | Article 4 | Article 11(5) | |
Article 5(1) | Article 5(1) | Article 12 | |
Article 5e | Article 5(2) | (3): Article 5(6) | Article 13 |
Article 5(1), Article 11 | Article 5(1), Article 9 | Article 14 | |
Articles 5(1) and 5(5)(c) | Article 5(1) | (4): Article 7(1)E and Directive 70/524/EEC: Article 16 | Article 15 |
Article 5(1)(c), (d) and 7 | Article 16 | ||
Articles 5(1), 5c and 5d | Article 17(1) | ||
— | — | — | Article 17(2) |
Article 5c(3) | Article 17(3) | ||
(3): Articles 5(1), (4), (7) and 6(a) | Article 18 | ||
— | — | — | Article 19 |
Article 8 | Article 20 | ||
Article 6(1)(a) | Article 21(1) | ||
Article 5(5)(d) | Article 21(2) | ||
Article 6(3)(a) | Article 21(3) | ||
Article 5(5)(b) | Article 21(4) | ||
Article 5(5)(a) | Article 21(5) | ||
Article 5(2) | Article 5(3), 6(1)(b) | Article 21(6) | |
— | — | — | Article 21(7) |
Article 14(c) | Article 21(8) | ||
Article 5(3), 5c(4) and 5e | Article 5(2) | Article 22 | |
Article 4(1) | (1): Article 1 | Article 23 | |
— | — | — | Article 24 |
— | — | — | Article 25 |
— | — | — | Article 26 |
Article 10 | Article 11 | Article 27 | |
Article 13 | Article 13 | (2): Articles 13 and 14 (3): Article 9 | Article 28 |
— | — | — | Article 29 |
— | — | — | Article 30 |
— | — | — | Article 31 |
— | — | — | Article 32 |
— | — | — | Article 33 |
Annex Part A(2), (3), (4) | Annex Part A(II), (VI), | Annex I | |
Annex Part A(1) and Article 5(6), | Article 6(4) | Annex II | |
(5): Annex | Annex III | ||
Annex Part A(5), (6) | Annex Part A(VII) | Annex IV | |
Annex Part C | Annex V | ||
Annex Part B | Annex VI | ||
Annex Part B | Annex VII |
[F3The term ‘ waste water ’ does not refer to ‘ process water ’ , i.e. water from independent conduits integrated in food or feed industries; where these conduits are supplied with water, no water may be used for animal nutrition unless it is wholesome and clean water as specified in Article 4 of Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption ( OJ L 330, 5.12.1998, p. 32 ). In the case of fish industries, the conduits concerned may also be supplied with clean seawater as defined in Article 2 of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs ( OJ L 139, 30.4.2004, p. 1 ). Process water may not be used for animal nutrition unless it carries feed or food material and is technically free from cleaning agents, disinfectants or other substances not authorised by the animal nutrition legislation.]
[F3The term ‘ solid urban waste ’ does not refer to catering waste as defined by Regulation (EC) No 1774/2002.]
[F51 unit in this point means 1 mg, 1 000 IU, 1 × 10 9 CFU or 100 enzyme activity units of the respective feed additive per kg feed, as appropriate.]
[F6In German language ‘ analytische Bestandteile ’ may be replaced by ‘ Inhaltsstoffe ’ . In Swedish language ‘ Analytiska beståndsdelar ’ may be replaced by ‘ Analyserat innehåll ’ .]
[F6In German language ‘ analytische Bestandteile ’ may be replaced by ‘ Inhaltsstoffe ’ . In Swedish language ‘ Analytiska beståndsdelar ’ may be replaced by ‘ Analyserat innehåll ’ .]
Textual Amendments
F3 Substituted by Commission Regulation (EU) No 568/2010 of 29 June 2010 amending Annex III to Regulation (EC) No 767/2009 of the European Parliament and of the Council as regards the prohibition to place on the market or use for animal nutritional purposes protein products obtained from yeasts of the Candida variety cultivated on n-alkanes (Text with EEA relevance).
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