Feeding Stuffs (Amendment No. 3) Regulations (Northern Ireland) 2003

Made10th November 2003

Coming into operation22nd December 2003

The Department of Health, Social Services and Public Safety in exercise of the powers conferred by sections 66(1), 74A, 84 and 86 of the Agriculture Act 19701 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 20002) and of all other powers enabling it in that behalf, 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 safety3, and being a Department designated4 for the purposes of section 2(2) of the European Communities Act 19725 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), hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Feeding Stuffs (Amendment No. 3) Regulations (Northern Ireland) 2003 and shall come into operation on 22nd December 2003.

2

The Interpretation Act (Northern Ireland) 19546 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment to the Feeding Stuffs Regulations (Northern Ireland) 20012

1

The Feeding Stuffs Regulations (Northern Ireland) 20017 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. 668/2003 –

Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs⁽¹⁷⁾.
Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs⁽¹⁸⁾.

b

the following text is inserted at the end –

17
O.J No. L125, 21.5.2003, p. 3
18
O.J. No. L126, 22.5.2003, p. 24

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th November 2003.

W. B. SmithA Senior Officer of theDepartment of Health, Social Services and Public Safety

SCHEDULEPART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS (NORTHERN IRELAND) 2001

Regulation 2(2)

PART IIpermitted colourants
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
EECNo.
Name or description
Chemical formula, description
Kind of animal permitted
Maximum content (mg/kg in complete feedingstuffs)
Conditions
1
Carotenoids and xanthophylls:
E160c
Capsanthin
C₄₀H₅₆O₃ }
}
–
E160e
Beta-apo-8'-carotenal
C₃₀H₄₀O }
}
E160f
Ethyl ester of beta-apo-8'-carotenoic acid
C₃₂H₄₄O₂ }
Poultry }
80 (alone or with the other carotenoids and xanthophylls)
E161b
Lutein
C₄₀H₅₆O₂ }
}
E161c
Cryptoxanthin
C₄₀H₅₆O }
}
E161g
Canthaxanthin
C₄₀H₅₂O₂
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
–
–
E161h
Zeaxanthin
C₄₀H₅₆O₂
Poultry }
}
80 (alone or with other carotenoids and xanthophylls)
E161i
Citranaxanthin
C₃₃H₄₄O
Laying hens }
E161j
Astaxanthin
C₄₀H₅₂O₄
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 cololurants
E102
Tartrazine
C₁₆H₉N₄ N_a3O₉S₂ }
E110
Sunset yellow FCF
C₁₆H₁₀N₂N_a2O₇S₂ }
Ornamental fish
E124
Ponceau 4R
C₂₀H₁₁N₂N_a3O₁₀S₃ }
E127
Erythrosine
C₂₀H₆I₄N_a2O₅.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 or 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
C₁₆H₈N₂N_a2O₈S₂
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 or 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 (Northern Ireland) Order 19918
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
–
–
3.1
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

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
EECNo.	Name or description	Chemical formula, description	Kind of animal permitted	Maximum content (mg/kg in complete feedingstuffs)	Conditions
	1 Carotenoids and xanthophylls:
E160c	Capsanthin	C₄₀H₅₆O₃ }	}		–
E160e	Beta-apo-8'-carotenal	C₃₀H₄₀O }	}
E160f	Ethyl ester of beta-apo-8'-carotenoic acid	C₃₂H₄₄O₂ }	Poultry }	80 (alone or with the other carotenoids and xanthophylls)
E161b	Lutein	C₄₀H₅₆O₂ }	}
E161c	Cryptoxanthin	C₄₀H₅₆O }	}
E161g	Canthaxanthin	C₄₀H₅₂O₂	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	–	–
E161h	Zeaxanthin	C₄₀H₅₆O₂	Poultry }
			}	80 (alone or with other carotenoids and xanthophylls)
E161i	Citranaxanthin	C₃₃H₄₄O	Laying hens }
E161j	Astaxanthin	C₄₀H₅₂O₄	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 cololurants
E102	Tartrazine	C₁₆H₉N₄ N_a3O₉S₂ }
E110	Sunset yellow FCF	C₁₆H₁₀N₂N_a2O₇S₂ }	Ornamental fish
E124	Ponceau 4R	C₂₀H₁₁N₂N_a3O₁₀S₃ }
E127	Erythrosine	C₂₀H₆I₄N_a2O₅.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 or 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	C₁₆H₈N₂N_a2O₈S₂	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 or 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 (Northern Ireland) Order 19918		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	–	–
	3.1 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

(This note is not part of the Regulations.)

These Regulations further amend the Feeding Stuffs Regulations (Northern Ireland) 2001 (SR 2001 No. 47, as already amended). They implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (O.J. No. L22, 25.1.2003, p. 28) by modifying the controls in the Feeding Stuffs Regulations (Northern Ireland) 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).

They also provide for the enforcement of Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (O.J. 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 (OJNo. L126, 22.5.2003, p. 24) (regulation 2(3)).