2005 No. 545

AGRICULTURE

The Feeding Stuffs Regulations (Northern Ireland) 2005

Made

Coming into operation

The Department of Health, Social Services and Public Safety1 makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 77(4), 78(6) and (10), 79(1), (2) and (9), and 84 of the Agriculture Act 19702 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 20003.

In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Department of Health, Social Services and Public Safety makes these Regulations in exercise of its powers as 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 and measures in the veterinary and phytosanitary fields for the protection of public health.

There has been consultation in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or as appropriate of 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 safety6.

PART 1INTRODUCTORY AND GENERAL

Citation and commencement1

These Regulations may be cited as the Feeding Stuffs Regulations (Northern Ireland) 2005, and shall come into operation on 1st January 2006.

Interpretation2

1

In these Regulations—

  • “the Act” means the Agriculture Act 1970;

  • “additive” means a feed additive to which the Additives Regulation applies, with the exception of any additive in categories (d) or (e) of Article 6(1) of that Regulation other than those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation;

  • “the Additives Directive” means Council Directive 70/524/EEC concerning additives in feeding stuffs7;

  • “the Additives Regulation” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition8;

  • “ash” means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC9;

  • “the Certain Products Directive” means Council Directive 82/471/EEC concerning certain products used in animal nutrition10;

  • “complementary feeding stuff” means a compound feeding stuff which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;

  • “complete feeding stuff” means a compound feeding stuff which, by reason of its composition, is sufficient for a daily ration;

  • “compound feeding stuff”, subject to regulation 14(6), means a mixture of feed materials, whether or not containing any additive, for oral feeding to pet animals or farmed creatures in the form of complementary feeding stuffs or complete feeding stuffs;

  • “the Compound Feedingstuffs Directive” means Council Directive 79/373/EEC on the circulation of compound feedingstuffs11;

  • “daily ration” means the average total quantity of feeding stuff, expressed on a 12% moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;

  • “EEA State” means a Member State, Norway, Iceland or Liechtenstein;

  • “energy value” means the energy value of a compound feeding stuff calculated in accordance with the relevant method specified in Schedule 1;

  • “establishment” has the meaning given by Article 3(d) of Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene12;

  • “fat” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC13;

  • “feeding stuff intended for a particular nutritional purpose” means a compound feeding stuff, the composition or method of manufacture of which distinguishes it from other feeding stuffs and from the type of products covered by Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community14, and in respect of which any indication is given that it is intended for a particular nutritional purpose;

  • “feed material” means—

    1. a

      any product of vegetable or animal origin, in its natural state, fresh or preserved;

    2. b

      any product derived from such a product by industrial processing; or

    3. c

      any organic or inorganic substance,

    (whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly as such, or after processing, in the preparation of a compound feeding stuff or as a carrier of a premixture;

  • “the Feed Materials Directive” means Council Directive 96/25/EC on the circulation of feed materials15;

  • “fibre” means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for fibre specified in Point 3 of Annex 1 to Directive 73/46/EEC16;

  • “mammalian meat and bone meal” has the meaning given in regulation 3(1) of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 200217;

  • “Member State” means a Member State other than the United Kingdom;

  • “micro-organism” has the meaning given by Article 2(2)(m) of the Additives Regulation;

  • “milk replacer feed” means a compound feeding stuff administered in dry form, or after reconstitution with a given quantity of liquid, for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;

  • “mineral feeding stuff” means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40% by weight of ash;

  • “minimum storage life” means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;

  • “molassed feeding stuff” means a complementary feeding stuff prepared from molasses and which contains at least 14% by weight of total sugar expressed as sucrose;

  • “moisture” means water and other volatile material determined in accordance with the procedure set out in the method of analysis for moisture specified in Part I of the Annex to Directive 71/393/EEC18;

  • “oil” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC19;

  • “particular nutritional purpose” means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;

  • “pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;

  • “premixture” has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any premixture consisting solely of feed additives in categories (d) or (e) of Article 6(1) of that Regulation, other than those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation;

  • “prescribed material” means material described in regulation 5(1);

  • “product intended for animal feed” means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;

  • “protein”, except in paragraphs 7(2), 8, 9 and 10 of Part I of Schedule 3 where it has the meaning given to it by regulation 3(1) of the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002, means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EEC20;

  • “put into circulation” means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, in each case to a third party, and in regulations 13(8) and 14 also means import into Northern Ireland from a state other than an EEA State;

  • “starch” means the matter obtained as the result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC21;

  • “2001 Regulations” means the Feeding Stuffs Regulations (Northern Ireland) 200122;

  • “undesirable substance” means any substance or product, not being a pathogenic agent, which is present in or on a product intended for animal feed and—

    1. a

      constitutes a potential danger to animal or human health or the environment; or

    2. b

      could adversely affect livestock production.

2

Where, in any tabular or other entry in a Schedule, a numbered reference to a footnote appears, the footnote so numbered shall be treated as included in or amplifying the text to which it relates.

3

Any reference in these Regulations to a numbered section shall, unless otherwise indicated, be construed as a reference to the section bearing that number in the Act.

4

Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date that these Regulations are made.

5

The Interpretation Act (Northern Ireland) 195423 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Modification of the Agriculture Act 1970 in relation to all feeding stuffs3

1

Subsection (1) of section 66 shall have effect as if—

a

for the definition of “feeding stuff” there were substituted the following definition—

  • “feeding stuff” means—

    1. a

      a product of vegetable or animal origin in its natural state (whether fresh or preserved);

    2. b

      a product derived from the industrial processing of such a product; or

    3. c

      an organic or inorganic substance, used singly or in a mixture,

    whether or not containing additives, for oral feeding to pet animals or farmed creatures;

b

for the definition of “pet animal” there were substituted the following definition—

  • “pet animal” means an animal belonging to a species normally nourished and kept, but not consumed, by man, other than an animal bred for fur;

2

Subsection (2) of section 66 shall have effect as if the following were substituted for paragraph (b) of that subsection—

b

material shall be treated—

i

as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold, to be used by itself, or as an ingredient in something which is to be so used, and

ii

as used as a feeding stuff whether it is so used by itself, or as an ingredient in something which is to be so used.

c

paragraph (b) shall not apply in any circumstances in which Article 16 (labelling and packaging of feed additives and premixtures) of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition applies.24

3

Sections 73 and 73A shall have effect as if, for “animals of any description prescribed for the purpose of the definition of “feeding stuff” in section 66(1) of this Act” there were substituted “any farmed creatures”.

4

Section 85 shall have effect as if—

a

in so far as it relates to delivery outside the United Kingdom, paragraph (a) were omitted; and

b

paragraph (b) were omitted.

Modification of the Agriculture Act 1970 in relation to imported feeding stuffs4

In relation to feeding stuffs which have been imported, section 69(1) shall have effect as if “and in either case before it is removed from the premises” were omitted.

Prescribed material to which requirements for the statutory statement and marking apply5

1

Subject to paragraph (2), the material prescribed for the purposes of sections 68(1) and 69(1) is any material usable as a feeding stuff.

2

For the purposes of these Regulations section 68(2) does not apply.

Exemption from these Regulations6

In so far as provisions of these Regulations implement the Compound Feedingstuffs Directive (which principally regulates the labelling and packaging of compound feeding stuffs), they shall not apply in the circumstances specified in Article 14(c) (relating to animals kept for scientific or experimental purposes) of that Directive.

Revocations7

The Feeding Stuffs Regulations (Northern Ireland) 2001, with the exception of regulation 17A and paragraph 19 of Schedule 4 of those Regulations, are revoked, together with the amending Statutory Rules listed in Schedule 9 and to the extent specified in that Schedule.

PART 2PRESENTATION AND COMPOSITION OF FEEDING STUFFS

Matters required and permitted to be contained in a statutory statement or otherwise declared8

Except in respect of additives and premixtures not contained in feeding stuffs, the particulars, information and instructions required or permitted to be contained in a statutory statement or otherwise declared, are as specified in and shall comply with the provisions of Schedule 3.

Forms of statutory statement9

1

Except in the circumstances relating to small quantities of feeding stuffs mentioned in Article 5(2) of the Compound Feedingstuffs Directive and subject to paragraph (2), the statutory statement—

a

in the case of any prescribed material delivered in a package or other container, shall—

i

take the form of a label attached to that package or container; or

ii

be clearly marked directly on the package or container, and

b

in the case of such material delivered in bulk, shall take the form of a document relating to and accompanying each consignment.

2

In the case of any feed material sold in a quantity not exceeding 10 kg, and supplied directly to the final user, the statutory statement may be provided in the form of a notice in writing.

3

The particulars, information and instructions required or permitted to be contained in the statutory statement shall—

a

be clearly separate from any other information;

b

subject to paragraphs (5) and (6), be in English; and

c

be legible and indelible.

4

For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1)(a) or, where applicable, (2), and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.

5

In the case of any compound feeding stuff or feed material which is intended for export to a Member State, the statutory statement shall be in one or more official Community languages, as determined by that Member State.

6

In the case of any feeding stuff, except a feeding stuff containing an additive in category (d) or (e) of Article 6(1) of the Additives Regulation other than those in the functional groups listed in paragraph 4(a), (b) or (c) of Annex 1 to that Regulation, which is intended for export to an EEA State that is not a Member State, the statutory statement shall be in one or more of the official languages of the country of destination.

Limits of variation10

1

Section 74(2) shall have effect as if after “this Part of this Act” there were inserted “or the Feeding Stuffs Regulations (Northern Ireland) 2005”.

2

For the purposes of section 74, as modified by paragraph (1), the limits of variation in relation to any mis-statement in a statutory statement, document or mark, as to the nature, substance or quality of a feeding stuff where the mis-statement relates to—

a

any analytical constituent specified in the first column of—

i

Part A of Schedule 4 (where the feeding stuff is a compound feeding stuff not intended for pet animals),

ii

Part B of Schedule 4 (where the feeding stuff is a compound pet food), or

iii

Part C of Schedule 4 (in the case of a feed material);

b

any vitamin or trace element specified in the first column of Part D of that Schedule; or

c

the energy value of any feeding stuff specified in the first column of Part E of that Schedule,

shall be as set out with respect to that constituent or vitamin, trace element or feeding stuff, in the corresponding entry in the second Column of the relevant Part of that Schedule.

3

Particulars with respect to any material which are contained in a statutory statement, or in any document, or which are marked on, or denoted by a mark on, the material, shall not, for the purposes of Part IV of the Act or of these Regulations, be treated as false by reason of any mis-statement therein as to the nature, substance or quality of the material, if—

a

the material was first sold, or otherwise put into circulation in an EEA State;

b

the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned; and

c

any such limits were in accordance with any applicable European Community legislation.

Assigned meanings for statutory statements or marks11

For the purposes of section 70, there is assigned to the expressions “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” in each case the meaning given by regulation 2(1) to the expression concerned.

Manner of packaging and sealing compound feeding stuffs12

1

Subject to paragraphs (2) and (3), no person shall put into circulation a compound feeding stuff, unless it is in a bag or container, and that bag or container is sealed in such a way that, when the bag or container is opened, the seal is damaged and cannot be re-used.

2

Compound feeding stuffs may be put into circulation in bulk, in unsealed bags or in unsealed containers, in the case of—

a

deliveries between producers of compound feeding stuffs or those putting them into circulation;

b

deliveries from producers of compound feeding stuffs to packaging enterprises;

c

compound feeding stuffs obtained by mixing grain or whole fruit;

d

blocks or licks;

e

small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision in paragraph (1).

3

Compound feeding stuffs may be put into circulation in bulk, or in unsealed containers, but not in unsealed bags, in the case of—

a

direct deliveries from the producer to the final user;

b

molassed feeding stuffs consisting of less than three feed materials;

c

pelleted feeding stuffs.

Control of feed materials13

1

In this regulation any reference to a numbered Part means a Part of Schedule 2.

2

No person shall put into circulation any feed material of a description specified in column (3) of Part II under a name other than that specified in the corresponding entry in column (2) of that Part.

3

No person shall put into circulation any feed material not listed in Part II under a name specified in column (2) of that Part or under a name or term which could otherwise mislead a purchaser as to the real identity of the material.

4

Where the name of a feed material listed in column (2) of Part II includes a common name or term listed in column (4) of Part I no person shall put into circulation any such feed material or any compound feeding stuff containing such feed material unless the feed material was prepared by the process specified in columns (2) and (3) of Part I corresponding to that common name or term.

5

No person shall put into circulation any feed material or any compound feeding stuff containing any feed material, unless—

a

in the case of any feed material of a description specified in column (3) of Part II the botanical purity by weight of the feed material is not less than the percentage (if any) specified in relation to it in column (3) of Part II or, if none is specified, is not less than 95%; or

b

in the case of any feed material of a description specified in column (1) of Part III the botanical purity by weight of the feed material is not less than 95%; and

the feed material also complies with the provisions regarding botanical and chemical purity set out in paragraph 1 of Section II of Part A of the Annex to the Feed Materials Directive.

6

No person shall use any feed material to bind another feed material, if the quantity of the feed material so used exceeds 3% of the total weight of the feed material bound.

7

Without prejudice to sections 73 and 73A, no person shall import from any state which is not an EEA State, supply (otherwise than on sale), have in possession with a view to so supplying or use any feed material which is deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.

8

No person shall put into circulation or use any feed material which presents a danger to the environment.

9

No person shall put into circulation any feed material in a manner likely to mislead as to its properties.

10

In paragraph (5)(a) “description” shall be taken to exclude any botanical purity requirement, and for the purposes of this regulation and of Schedule 2 “botanical purity” shall be construed in accordance with paragraph 2 of Section II of Part A of the Annex to the Feed Materials Directive.

Control of products intended for animal feed containing undesirable substances14

1

No person shall—

a

put into circulation any product intended for animal feed which is specified in column 2 of Schedule 5; or

b

use any such product for animal feed,

if it contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified for it in column 3 of that Schedule.

2

No person shall put into circulation, or use as a feeding stuff, any complementary feeding stuff if—

a

having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance specified in column 1 of Schedule 5 in excess of the level specified for it in column 3 of that Schedule in relation to complete feeding stuffs; and

b

there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Schedule.

3

No person shall mix any product intended for animal feed which is specified in column 2 of Schedule 5 and which contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified for it in column 3 of that Schedule for the purpose of dilution with any product intended for animal feed.

4

No person shall put into circulation any product intended for animal feed or use any such product for animal feed unless it is—

a

sound and genuine; and

b

of merchantable quality.

5

For the purposes of paragraph (4), a product intended for animal feed which is specified in column 2 of Schedule 5 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified in relation to it in column 3 of that Schedule.

6

For the purposes of paragraph (2) “feeding stuff” includes feeding stuffs for oral feeding to animals living freely in the wild, and “complementary feeding stuff” and “complete feeding stuff” shall be construed accordingly.

7

Paragraph (8) shall apply to any person who has in his possession or control for the purpose of a trade or business any of the following products intended for animal feed—

a

palm kernel expeller;

b

feeding stuffs obtained from the processing of fish or other marine animals;

c

seaweed meal and feed materials derived from seaweed; or

d

complete feeding stuffs for fish or for fur producing animals.

8

Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in a product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Schedule 5.

9

Any person who without reasonable excuse fails to comply with a request made under paragraph (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Control of feeding stuffs containing prohibited materials15

1

No person shall put into circulation for use as a feeding stuff, or use as a feeding stuff, any material which contains—

a

faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;

b

hide treated with tanning substances, including its waste;

c

seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;

d

wood, 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 concerning the placing of biocidal products on the market25;

e

subject to paragraph (3), waste (whether or not subjected, or to be subjected, to further processing) obtained from the treatment of “urban waste water”, “domestic waste water” or “industrial waste water” (as those terms are defined in Article 2 of Council Directive 91/271/EEC concerning urban waste water treatment), whatever the origin of the waste water concerned26;

f

solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption27;

g

packaging and parts of packaging from products used in agriculture or the food industry.

2

For the purposes of paragraph (1) “waste” has the meaning given in Article 1 of Council Directive 75/442/EEC28.

3

For the purposes of paragraph 1(e), the term “waste water” shall be construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC establishing a list of materials whose circulation or use for animal nutrition purposes is prohibited29.

Control of certain protein sources16

1

Subject to paragraphs (3) and (4), a person shall not sell, or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 6, unless that material—

a

is named as a permitted product in column 2 of that Schedule; and

b

complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 6 of that Schedule.

2

Subject to paragraph (3), no person shall sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the “Candida” variety cultivated on n-alkanes.

3

Paragraphs (1) and (2) do not apply in relation to any material or product excluded from application of the Certain Products Directive by Article 16 thereof concerning exports to third countries.

4

Paragraph (1) does not apply in the circumstances authorised for derogation by Article 3(2) (concerning scientific or experimental purposes) of the Certain Products Directive.

Control of the iron content of milk replacer feeds17

No person shall put into circulation any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.

Control of ash insoluble in hydrochloric acid in compound feeding stuffs18

1

No person shall put into circulation—

a

any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter; or

b

subject to paragraph (2), any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.

2

Paragraph (1)(b) shall not apply to the putting into circulation of any compound feeding stuff which—

a

contains permitted mineral binders named or described in the Annex to Commission Directive 2003/57/EC30;

b

is a mineral feeding stuff;

c

contains more than 50% of sugar beet chips or sugar beet pulp; or

d

is intended for farmed fish and has a fish meal content of more than 15%,

if the level of ash insoluble in hydrochloric acid is declared in the statutory statement as a percentage of the feeding stuff as such.

Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement19

1

No person shall put into circulation any feeding stuff intended for a particular nutritional purpose unless—

a

the particular nutritional purpose in question is specified in column 1 of Chapter A of Schedule 7;

b

the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;

c

the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;

d

it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;

e

in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 7 are complied with; and

f

the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.

2

Schedule 7 shall have effect as specified in Schedule 3.

Control of additives and premixtures20

1

No person shall contravene the provisions of the Additives Regulation specified in paragraph (2).

2

The provisions referred to in paragraph (1) are—

a

Article 3 (placing on the market, processing and use of feed additives), paragraphs (1) to (4), as read with Article 10 (status of existing products);

b

Article 12 (supervision);

c

Article 16, paragraphs (1) to (5), (labelling and packaging of additives and premixtures).

3

In any proceedings for an offence under paragraph (2)(a) it shall be a defence to prove that the act giving rise to the offence—

a

is one to which Article 10 of the Additives Regulation applies; and

b

would not have constituted an offence under the 2001 Regulations as they were immediately before the coming into operation of these Regulations.

4

In any proceedings for an offence under paragraph (2)(c) it shall be a defence to prove that the act giving rise to the offence—

a

is one to which Article 25(2) of the Additives Regulation applies; and

b

would not have constituted an offence under the 2001 Regulations as they were immediately before the coming into operation of these Regulations.

PART 3ENFORCEMENT

Enforcement of provisions made under section 2(2) of the European Communities Act 197221

In so far as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it were made under those provisions of Part IV of the Act under which the other provisions of these Regulations are made, and the provisions of that Part shall apply accordingly.

Modification of section 74A(3) of the Agriculture Act 197022

1

For the purposes of the enforcement and administration of the provisions specified in paragraph (2) section 74A(3) shall have effect as if for “imposed by regulations under subsection (1), or fails to comply with any other provision of the regulations,” there were substituted “or fails to comply with any requirement imposed by any provision specified in regulation 22(2) of the Feeding Stuffs Regulations (Northern Ireland) 2005”.

2

The provisions specified for the purposes of paragraph (1) are regulation 12(1), 13(2) to (9), 14(1) to (4), 15(1), 16(1) and (2), 17, 18(1), 19(1) and 20(1).

PART 4AMENDMENTS TO OTHER LEGISLATION

Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 199923

1

The Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 199931 are amended in accordance with paragraphs (2) to (4).

2

In Schedule 2 Part I (general provisions), in sub-paragraph 3(e)(ii) for “listed in Schedule 7” to the end of the sub-paragraph substitute the expression “listed in Schedule 5 to the Feeding Stuffs Regulations (Northern Ireland) 2005”.

3

In Annex I to Part II of Schedule 2 for the second entry for Starch (polarimetric method) substitute—

a

in column 2 “Point 1 of Annex 1 to Directive 72/199/EEC (as replaced entirely by the Annex to Directive 1999/79/EC)”;

b

in column 3 “O.J. No. L123, 29.5.72, p. 6. (O.J./SE 1966-1972 supplement p. 74). O.J. No. L209, 7.8.1999, p. 23.”.

4

In Schedule 3 Part II (notes for the completion of certificate), in sub-paragraph (a) of note (10)—

a

for the expression “Feeding Stuffs Regulations (Northern Ireland) 2001” substitute “Feeding Stuffs Regulations (Northern Ireland) 2005”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th December 2005.

Andrew McCormickA senior officer of theDepartment of Health, Social Services and Public Safety

SCHEDULE 1METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDS

Regulation 2(1) and Schedule 3

The energy value of compound poultry, ruminant and pig feeds and feeding stuffs intended for particular nutritional purposes for cats and dogs shall be calculated in accordance with the relevant formulae set out below, on the basis of the percentages of certain analytical components of the feed. After application of these formulae, the results shall be given to one decimal place.

Poultry feeds: megajoules (MJ) of metabolisable energy (ME), nitrogen corrected, per kilogram of compound feed.

MJ of ME/kg of feed = 0.1551 × % protein(1) + 0.3431 × % oil(2) + 0.1669 × % starch(3) + 0.1301 × % total sugar (expressed as sucrose)(4).

Ruminant feeds: megajoules (MJ) of metabolisable energy (ME) per kilogram of dry matter in the compound feed.

MJ of ME/kg of dry matter = 0.14 × % Neutral detergent Cellulase plus Gamanase Digestibility(5) + 0.25 × % oil(2).

Pig feeds: megajoules (MJ) of digestible energy (DE) per kilogram of dry matter in the compound feed.

MJ of DE/kg of dry matter = 17.47 + 0.079 × % protein(1) + 0.158 × % oil(2) − 0.331 × % ash(6) − 0.140 Neutral Detergent plus Amylase Fibre(5).

  • (NB) Where the results of analysis are to be given on a dry matter basis, this may be achieved by analysing either the dried material, or fresh material and correcting for the moisture content.

  • (1) Determined by the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EEC32.

  • (NB) For pig feed the results must be corrected to 100% dry matter.

  • (2) Determined by the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC33.

  • (NB) In ruminant and pig feeds the result must be corrected to 100% dry matter.

  • (3) Determined by the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC34.

  • (4) Determined by the method of analysis for sugar specified in Point 12 of the Annex to Directive 71/250/EEC35.

  • (5) Determined by the method detailed in the booklet “Prediction of Energy Values of Compound Feeding Stuffs for Farm Animals” (originally published by the Ministry of Agriculture, Fisheries and Food Publications, now available from the Department of the Environment, Food and Rural Affairs under reference No. PB1285).

  • (6) Determined by the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC36.

  • (NB) The result must be corrected to 100% dry matter.

SCHEDULE 2CONTROL OF FEED MATERIALS

Regulations 2(1) and 13 Schedule 3 Part I paragraphs 7 and 20

PART IPRINCIPAL PROCESSES USED FOR THE PREPARATION OF THE FEED MATERIALS LISTED IN PART II OF THIS SCHEDULE

Process

Definition

Common name or term

(1)

(2)

(3)

1

Concentration(1)

Increase in certain contents by removing water or other constituents

Concentrate

2

Decortication(2)

Complete or partial removal of outer layers from grains, seeds, fruits nuts and others

Decorticated, partially decorticated

3

Drying

Dehydration by artificial or natural processes

Dried (sun or artificially)

4

Extraction

Removal either by organic solvent of fat or oil from certain materials or by aqueous solvent of sugar or other water-soluble components. In the case of the use of organic solvent, the resulting product must be technically free of such solvent

Extracted (in the case of oil-containing materials), molasses, pulp (in the case of products containing sugar or other water-soluble components)

5

Extrusion

Pressing of material through an orifice under pressure. (See also pregelatinisation)

Extruded

6

Flaking

Rolling of moist heat-treated material

Flakes

7

Flour milling

Physical processing of grain to reduce particle size and facilitate separation into constituent fractions (principally flour, bran and middlings)

Flour, bran, middlings(3), feed

8

Heating

General term covering a number of heat treatments carried out under specific conditions to influence the nutritional value or the structure of the material

Toasted, cooked, heat treated

9

Hydrogenation

Transformation of unsaturated glycerides into saturated glycerides (of oils and fats)

Hardened, partially hardened

10

Hydrolysis

Breakdown into simpler chemical constituents by appropriate treatment with water and possibly either enzymes or acid/alkali

Hydrolysed

11

Pressing(4)

Removal by mechanical extraction (by a screw or other type of press), with or without a slight heating, of fat/oil from oil-rich materials or of juice from fruits or other vegetable products

Expeller(5) (in case of oil-containing materials) case of fruits, etc.) Pressed pulp (in case of sugar-beet)

12

Pelleting

Special shaping by compression through a die

Pellet, pelleted

13

Pregelatinisation

Modification of starch to improve markedly its swelling properties in cold water

Pregelatinised(6), puffed

14

Refining

Complete or partial removal of impurities in sugars, oils, fats and other natural materials by chemical/physical treatment

Refined, partially refined

15

Wet-milling

Mechanical separation of the component parts of kernel/grain, sometimes after steeping in water, with or without sulphur dioxide, for the extraction of starch

Germ, gluten, starch

16

Crushing

Mechanical processing of grain or other feed materials to reduce their size

Crushed, crushing

17

Desugaring

Complete or partial removal of mono- and disaccharides from molasses and other material containing sugar by chemical or physical means

Desugared, partially desugared

(1)

In German “Konzentrieren” may be replaced by “Eindicken” where appropriate, in which case the common qualifier should be “eingedickt”.

(2)

Decortication' may be replaced by “dehulling” or “dehusking” where appropriate, in which case the common qualifier should be “dehulled” or “dehusked.”

(3)

In French the name “issues” may be used.

(4)

In French “Pressage” may be replaced by “Exraction mécanique” where appropriate.

(5)

Where appropriate the word “expeller” may be replaced by “cake”.

(6)

In German the qualifier “aufgeschlossen” and the name “Quellwasser” (referring to starch) may be used.

PART IINON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALS

Introductory Notes

Feed materials are listed and named in this Part according to the following criteria:

  • the origin of the product/by-product used, for example vegetable, animal, mineral,

  • the part of the product/by-product used, for example whole, seeds, tubers, bones,

  • the processing to which the product/by-product has been subjected, for example decortication, extraction, heating and/or the resulting product/by-product, for example flakes, bran, pulp, fat,

  • the maturity of the product/by-product and/or the quality of the product/by-product, for example “low in glocosinolate”, “rich in fat”, “low in sugar”.

    Number

    Name

    Description

    Compulsory Declarations

    (1)

    (2)

    (3)

    (4)

    1. Cereal, grains, their products and by-products

    1.01

    Oats

    Grains of Avena sativa L. and other cultivars of oats.

    1.02

    Oat flakes

    Product obtained by steaming and rolling dehusked oats. It may contain a small proportion of oat husks.

    Starch

    1.03

    Oat middlings

    By-product obtained during the processing of screened, dehusked oats into oat groats and flour. It consists principally of oat bran and some endosperm.

    Fibre

    1.04

    Oat hulls and bran

    By-product obtained during the processing of screened oats into oat groats. It consists principally of oat hulls and bran.

    Fibre

    1.05

    Barley

    Grains of Hordeum vulgare L.

    1.06

    Barley middlings

    By-product obtained during the processing of screened, dehusked barley into pearl barley, semolina or flour.

    Fibre

    1.07

    Barley protein

    Dried by-product of starch production from barley. It consists principally of protein obtained from starch separation.

    Protein

    Starch

    1.08

    Rice, broken

    By-product of preparation of polished or glazed rice Oryza sativa L. It consists principally of undersized and/or broken grains.

    Starch

    1.09

    Rice bran (brown)

    By-product of the first polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.

    Fibre

    1.10

    Rice bran (white)

    By-product of the polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.

    Fibre

    1.11

    Rice bran with calcium carbonate

    By-product of the polishing of dehusked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm and germ; it contains varying amounts of calcium carbonate resulting from the polishing process.

    Fibre

    Calcium carbonate

    1.12

    Fodder meal of parboiled rice

    By-product of the polishing of dehusked pre-cooked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm and germ; it contains varying amounts of calcium carbonate resulting from the polishing process.

    Fibre

    Calcium carbonate

    1.13

    Ground fodder rice

    Product obtained by grinding fodder rice, consisting either of green, chalky or unripe grains, sifted out during the milling of husked rice, or of normal dehusked grains which are yellow or spotted.

    Starch

    1.14

    Rice germ expeller

    By-product of oil manufacture, obtained by pressing of the germ of rice to which parts of the endosperm and testa still adhere.

    Protein

    Fat

    Fibre

    1.15

    Rice germ, extracted

    By-product of oil manufacture obtained by extraction of the germ of rice to which parts of the endosperm and testa still adhere.

    Protein

    1.16

    Rice starch

    Technically pure rice starch.

    Starch

    1.17

    Millet

    Grains of Panicum miliaceum L.

    1.18

    Rye

    Grains of Secale cereale L.

    1.19

    Rye Middlings(1)

    By-product of flour manufacture, obtained from screened rye. It consists principally of particles of endosperm, with fine fragments of the outer skins and some grain waste.

    Starch

    1.20

    Rye feed

    By-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which less of the endosperm has been removed than in rye bran.

    Starch

    1.21

    Rye bran

    By-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which most of the endosperm has been removed.

    Fibre

    1.22

    Sorghum

    Grains of Sorghum bicolor (L.) Moench s.l.

    1.23

    Wheat

    Grains of Triticum aestivum (L.), Triticum durum Desf. and other cultivars of wheat.

    1.24

    Wheat middlings(2)

    By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of particles of endosperm with fine fragments of the outer skins and some grain waste.

    Starch

    1.25

    Wheat feed

    By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in wheat bran.

    Fibre

    1.26

    Wheat bran(3)

    By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which the greater part of the endosperm has been removed.

    Fibre

    1.27

    Wheat germ

    By-product of flour milling consisting essentially of wheat germ, rolled or otherwise, to which fragments of endosperm and outer skin may still adhere.

    Protein

    Fat

    1.28

    Wheat gluten

    Dried by-product of the manufacture of wheat starch. It consists principally of gluten obtained during the separation of starch.

    Protein

    1.29

    Wheat gluten feed

    By-product of the manufacture of wheat starch and gluten. It is composed of bran, from which the germ has been partially removed or not, and gluten, to which very small amounts of the components of the screening of the grain as well as very small amount of residues of the starch hydrolysis process may be added.

    Protein

    Starch

    1.30

    Wheat starch

    Technically pure starch obtained from wheat.

    Starch

    1.31

    Pre-gelatinised wheat starch

    Product consisting of wheat starch largely expanded by heat treatment.

    Starch

    1.32

    Spelt

    Grains of spelt Triticum spelta L., Tricicum dioccum Schrank, Triticum monococcum.

    1.33

    Triticale

    Grains of Triticum X secale hybrid.

    1.34

    Maize

    Grains of Zea mays L.

    1.35

    Maize middlings(4)

    By-product of the manufacture of flour or semolina from maize. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in maize bran.

    Fibre

    1.36

    Maize bran

    By-product of the manufacture of flour or semolina from maize. It consists principally of outer skins and some maize germ fragments, with some endosperm particles.

    Fibre

    1.37

    Maize germ expeller

    By-product of oil manufacture, obtained by pressing of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.

    Protein

    Fat

    1.38

    Maize germ, extracted

    By-product of oil manufacture, obtained by extraction of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.

    Protein

    1.39

    Maize gluten feed(5)

    By-product of the wet manufacture of maize starch. It is composed of bran and gluten, to which the broken maize obtained from screening at an amount no greater than 15% of the product and/or the residues of the steeping liquor used for the production of alcohol or other starch-derived products, may be added. The product may also include residues from the oil extraction of maize germs obtained also by a wet process.

    Protein

    Starch

    Fat, if >4.5%

    1.40

    Maize gluten

    Dried by-product of the manufacture of maize starch. It consists principally of gluten obtained during the separation of the starch.

    Protein

    1.41

    Maize starch

    Technically pure starch obtained from maize.

    Starch

    1.42

    Pre-gelatinised maize starch(6)

    Product consisting of maize starch largely expanded by heat treatment.

    Starch

    1.43

    Malt culms

    By-product of malting, consisting mainly of dried rootlets of germinated cereals.

    Protein

    1.44

    Brewers'dried grains

    By-product of brewing obtained by drying residues of malted and unmalted cereals and other starchy products.

    Protein

    1.45

    Distiller’s dried grains(7)

    By-product of alcohol distilling obtained by drying solid residues of fermented grain.

    Protein

    1.46

    Distiller’s dark grains(8)

    By-product of alcohol distilling obtained by drying solid residues of fermented grain to which pot ale syrup or evaporated spent wash has been added.

    Protein

    (1)

    Products containing more than 40% starch may be qualified as “rich in starch”. They may be referred to in German as “Roggennachmehl”.

    (2)

    Products containing more than 40% starch may be qualified as “rich in starch”. They may be referred to in German as “Weizennachmehl”.

    (3)

    If this ingredient has been subjected to a finer milling the word “fine” may be added to the name or the name may be replaced by a corresponding denomination.

    (4)

    Products containing more than 40% starch may be named as “rich in starch”. They may be referred to in German as “Maisnachmehl”.

    (5)

    This name may be replaced by “corn gluten feed”.

    (6)

    This name may be replaced by “extruded maize starch”.

    (7)

    The name may be supplemented by the grain species.

    (8)

    This name may be replaced by “distillers' dried grains and solubles”. The name may be supplemented by the grain species.

    2. Oil seeds, oil fruits, their products and by-products

    2.01

    Groundnut, partially decorticated, expeller

    By-product of oil manufacture, obtained by pressing of partially decorticated groundnuts Arachis hypogaea L. and other species of Arachis. (Maximum fibre content 16% in the dry matter).

    Protein

    Fat

    Fibre

    2.02

    Groundnut, partially decorticated, extracted

    By-product of oil manufacture obtained by extraction of partially decorticated grounds. (Maximum fibre content 16% in the dry matter).

    Protein

    Fibre

    2.03

    Groundnut, decorticated, expeller

    By-product of oil manufacture, obtained by pressing of decorticated groundnuts.

    Protein

    Fat

    Fibre

    2.04

    Groundnut, decorticated, extracted

    By-product of oil manufacture, obtained by extraction of decorticated grounds.

    Protein

    Fibre

    2.05

    Rape seed(1)

    Seeds of rape Brassica napus L. ssp. oleifera (Metzg.) Sinsk., of Indian sarson Brassica napus L. Var. Glauca (Roxb.) O.E. Schulz and of rape Brassica napa ssp. oleifera (Metzg). Sinsk. (Minimum botanical purity 94%).

    2.06

    Rape seed, expeller(1)

    By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94%).

    Protein

    Fat

    Fibre

    2.07

    Rape seed, extracted(1)

    By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94%).

    Protein

    2.08

    Rape seed hulls

    By-product obtained during dehulling of rape seeds

    Fibre

    2.09

    Safflower seed, partially decorticated, extracted

    By-product of oil manufacture, obtained by extraction of partially decorticated seeds of safflower Carthamus tinctorius L.

    Protein

    Fibre

    2.10

    Copra expeller

    By-product of oil manufacture, obtained by pressing the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm Cocos nucifera L.

    Protein

    Fat

    Fibre

    2.11

    Copra, extracted

    By-product of oil manufacture, obtained by extraction of the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm.

    Protein

    2.12

    Palm kernel expeller

    By-product of oil manufacture, obtained by pressing of palm kernels Elaeis guineensis Jacq. Corozo oleifera (HBK) L. H. Bailey (Elaeis melanocca auct.) from which as much as possible of the hard shell has been removed.

    Protein

    Fibre

    Fat

    2.13

    Palm kernel, extracted

    By-product of oil manufacture, obtained by extraction of palm kernels from which as much as possible of the hard shell has been removed.

    Protein

    Fibre

    2.14

    Soya (bean), toasted

    Soya beans (glycine max. L. Merr.) subjected to an appropriate heat treatment. (Urease activity maximum 0.4 mg N/g × min.).

    2.15

    Soya (bean), extracted, toasted

    By-product of oil manufacture, obtained from soya beans after after extraction and appropriate heat treatment. (Urease activity maximum 0.4mg N/g × min.).

    Protein

    Fibre, if >8%

    2.16

    Soya (bean), dehulled, extracted, toasted

    By-product of oil manufacture, obtained from dehulled soya beans after extraction and appropriate heat treatment. (Maximum fibre content 8% in the dry matter). (Urease activity maximum 0.5mg N/g × min.).

    Protein

    2.17

    Soya (bean) protein concentrate

    Product obtained from dehulled, fat extracted soya beans, subjected to a second extraction to reduce the level of nitrogen-free extract.

    Protein

    2.18

    Vegetable oil(2)

    Oil obtained from plants.

    Moisture, if >1%

    2.19

    Soya (bean) hulls

    By-product obtained during dehulling of soya beans.

    Fibre

    2.20

    Cotton seed

    Seeds of cotton Gossypium spp. from which the fibres have been removed.

    Protein

    Fibre

    Fat

    2.21

    Cotton seed, partially decorticated, extracted

    By-product of oil manufacture, obtained by extraction of seeds of cotton from which the fibres and part of the husks have been removed. (Maximum fibre 22.5% in the dry matter).

    Protein

    Fibre

    2.22

    Cotton seed expeller

    By-product of oil manufacture, obtained by pressing of seeds of cotton from which the fibres have been removed.

    Protein

    Fibre

    Fat

    2.23

    Niger seed expeller

    By-product of oil manufacture, obtained by pressing of seeds of the niger plant Guizotia abyssinica (Lf) Cass. (Ash insoluble in HC1: maximum 3.4%).

    Protein

    Fat

    Fibre

    2.24

    Sunflower seed

    Seeds of the sunflower Helianthus annuus L.

    2.25

    Sunflower seed, extracted

    By-product of oil manufacture, obtained by extraction of seeds of the sunflower.

    Protein

    2.26

    Sunflower seed, partially decorticated, extracted

    By-product of oil manufacture, obtained by extraction of seeds of the sunflower from which part of the husks has been removed. (Maximum fibre 27.5% in the dry matter).

    Protein

    Fibre

    2.27

    Linseed

    Seeds of linseed Linum usitatissimum L. (Minimum botanical purity 93%).

    2.28

    Linseed expeller

    By-product of oil manufacture, obtained by pressing of linseed. (Minimum botanical purity 93%).

    Protein

    Fat

    Fibre

    2.29

    Linseed, extracted

    By-product of oil manufacture, obtained by extraction of linseed. (Minimum botanical purity 93%).

    Protein

    2.30

    Olive pulp

    By-product of oil manufacture, obtained by extraction of pressed olives Olea europea L. separated as far as possible from parts of the kernel.

    Fibre

    2.31

    Sesame seed expeller

    By-product of oil manufacture, obtained by pressing of seeds of the sesame plant Sesamum indicum L. (Ash insoluble in HC1: maximum 5%).

    Protein

    Fibre

    Fat

    2.32

    Cocoa bean, partially decorticated, extracted

    By-product of oil manufacture, obtained by extraction of dried and roasted cocoa beans Theobroma cacao L. from which part of the husks has been removed.

    Protein

    Fibre

    2.33

    Cocoa husks

    Teguments of the dried and roasted beans of Theobroma cacao L.

    Fibre

    (1)

    Where appropriate the indication “low in glucosinolate” may be added. “Low in glucosinolate” has the meaning given in Community legislation.

    (2)

    The name must be supplemented by the plant species.

    3. Legume seeds, their products and by-products

    3.01

    Chick peas

    Seeds of Cicer arietinum L.

    3.02

    Guar meal, extracted

    By-product obtained after extraction of the mucilage from seeds of Cyanopsis tetragonoloba (L.) Taub.

    Protein

    3.03

    Ervil

    Seeds of Ervum ervilia L.

    3.04

    Chickling vetch(1)

    Seeds of Lathyrus sativus L. submitted to an appropriate heat treatment.

    3.05

    Lentils

    Seeds of Lens culinaris a.o. Medik.

    3.06

    Sweet lupins

    Seeds of Lupinus spp. Low in bitter seed content.

    3.07

    Beans, toasted

    Seeds of Phaseolus or Vigna spp. submitted to an appropriate heat treatment to destroy toxic lectines.

    3.08

    Peas

    Seeds of Pisum spp.

    3.09

    Pea middlings

    By-product obtained during the manufacture of pea-flour. It consists principally of particles of cotyledon, and to a lesser extent, of skins.

    Protein

    Fibre

    3.10

    Pea bran

    By-product obtained during the manufacture of pea meal. It is composed mainly of skins removed during the skinning and cleaning of peas.

    Fibre

    3.11

    Horse beans

    Seeds of Vicia faba L. spp. faba var. equina Pers. and var. minuta (Alef.) Mansf.

    3.12

    Monantha vetch

    Seeds of Vicia monanthos Desf.

    3.13

    Vetches

    Seeds of Vicia sativa L. var. sativa and other varieties.

    (1)

    This name must be supplemented by an indication of the nature of the heat treatment.

    4. Tubers, roots, their products and by-products

    4.01

    (Sugar) beet pulp

    By-product of the manufacture of sugar, consisting of extracted and dried pieces of sugar beet Beta vulgaris L. ssp. vulgaris var. altissima Doell. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).

    Content of ash insoluble in HCl, if >3.5% of dry matter.

    Total sugar calculated as sucrose, if >10.5%

    4.02

    (Sugar) beet molasses

    By-product consisting of the syrupy residue collected during the manufacture or refining of beet sugar.

    Total sugar calculated as sucrose.

    Moisture, if >28%

    4.03

    (Sugar) beet pulp, molassed

    By-product of the manufacture of sugar comprising dried sugar-beet pulp, to which molasses have been added. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).

    Total sugar calculated as sucrose.

    Content of ash insoluble in HC1, if >3.5% of dry matter

    4.04

    (Sugar) beet vinasse

    By-product obtained after the fermentation of beet molasses in the production of alcohol, yeast, citric acid and other organic substances.

    Protein

    Moisture, if >35%

    4.05

    (Beet) sugar(1)

    Sugar extracted from sugar beet.

    Sucrose

    4.06

    Sweet potato

    Tubers of Ipomoea batatas (L.) Poir, regardless of their presentation.

    Starch

    4.07

    Manioc(2)

    Roots of Manibot esculenta Crantz, regardless of their presentation. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).

    Starch

    Content of ash insoluble in HCI, if >3.5% of dry matter

    4.08

    Manioc starch(3), puffed

    Starch obtained from manioc roots, greatly expanded by appropriate heat treatment.

    Starch

    4.09

    Potato pulp

    By-product of the manufacture of potato starch (Solanum tuberosum L.).

    4.10

    Potato starch

    Technically pure potato starch.

    Starch

    4.11

    Potato protein

    Dried by-product of starch manufacture composed mainly of protein substances obtained after the separation of starch.

    Protein

    4.12

    Potato flakes

    Product obtained by rotary drying of washed, peeled or unpeeled steamed potatoes.

    Starch

    Fibre

    4.13

    Potato juice condensed

    By-product of the manufacture of potato starch from which proteins and water have been partly removed.

    Protein

    Ash

    4.14

    Pre-gelatinised potato starch

    Product consisting of potato starch largely solubilised by heat treatment.

    Starch

    (1)

    This name may be replaced by “sucrose”.

    (2)

    This name may be replaced by “tapioca”.

    (3)

    This name may be replaced by “tapioca starch”.

    5. Other seeds and fruits, their products and by-products

    5.01

    Carob pods

    Product obtained by crushing the dried fruits (pods) of the carob tree Ceratonia seliqua L., from which the locust beans have been removed.

    Fibre

    5.02

    Citrus pulp

    By-product obtained by pressing citrus fruit Citrus ssp. during the production of citrus juice.

    Fibre

    5.03

    Fruit pulp(1)

    By-product obtained by pressing pomaceous or stone fruit during the production of fruit juice.

    Fibre

    5.04

    Tomato pulp

    By-product obtained by pressing tomatoes Solanum lycopersicum Karst. during the production of tomato juice.

    Fibre

    5.05

    Grape pips, extracted

    By-product obtained during the extraction of oil from grape pips.

    Fibre, if >45%

    5.06

    Grape pulp

    Grape pulp dried rapidly after the extraction of alcohol from which as much as possible of the stalks and pips have been removed

    Fibre, if >25%

    5.07

    Grape pips

    Pips extracted from grape pulps, from which the oil has not been removed

    Fat Fibre, if >45%

    (1)

    The name may be supplemented by the fruit species.

    6. Forages and roughage

    6.01

    Lucerne meal(1)

    Product obtained by drying and milling young lucerne Medicago sativa L. and Medicago var. Martyn. It may contain up to 20% young clover or other forage crops dried and milled at the same time as the lucerne.

    Protein

    Fibre

    Ash insoluble in HC1, if >3.5% of dry matter

    6.02

    Lucerne pomace

    Dried by-product obtained by pressing of the juice from lucerne.

    Protein

    6.03

    Lucerne protein concentrate

    Product obtained by artificially drying fractions of lucerne press juice, which has been centrifuged and heat treated to precipitate the proteins.

    Carotene

    Protein

    6.04

    Clover meal(1)

    Product obtained by drying and milling young clover Trifolium spp. It may contain up to 20% young lucerne or other forage crops dried and milled at the same time as the clover.

    Protein

    Fibre

    Ash insoluble in HC1, if >3.5% of dry matter

    6.05

    Grass meal(1)(2)

    Product obtained by drying and milling young forage plants.

    Protein

    Fibre

    Ash insoluble in HC1, if >3.5% of dry matter

    6.06

    Cereals straw(3)

    Straw of cereals.

    6.07

    Cereals straw, treated(4)

    Product obtained by an appropriate treatment of cereals straw.

    Sodium, if treated with NaOH

    (1)

    The term “meal” may be replaced by “pellets”. The method of drying may be added to the name.

    (2)

    The species of forage crop may be added to the name.

    (3)

    The cereal species must be indicated in the name.

    (4)

    The name must be supplemented by an indication of the nature of the chemical treatment carried out.

    7. Other plants, their products and by-products

    7.01

    (Sugar) cane molasses

    By-product consisting of the syrupy residue collected during the manufacture or refining of sugar from sugar cane Saccharum officinarum L.

    Total sugar calculated as sucrose

    Moisture, if >30%

    7.02

    (Sugar) cane vinasse

    By-product obtained after the fermentation of cane molasses in the production of alcohol, yeast, citric acid or other organic substances.

    Protein

    Moisture, if >35%

    7.03

    (Cane) sugar(1)

    Sugar extracted from sugar cane.

    Sucrose

    7.04

    Seaweed meal

    Product obtained by drying and crushing seaweed, in particular brown seaweed. This product may have been washed to reduce the iodine content.

    Ash

    (1)

    This name may be replaced by “sucrose”.

    8. Milk products

    8.01

    Skimmed-milk powder

    Product obtained by drying milk from which most of the fat has been separated.

    Protein

    Moisture, if >5%

    8.02

    Buttermilk powder

    Product obtained by drying the liquid which remains after butter churning.

    Protein

    Fat

    Lactose

    Moisture, if >6%

    8.03

    Whey powder

    Product obtained by drying the liquid which remains after cheese, quark and casein making or similar processes.

    Protein

    Lactose

    Moisture, if >8% Ash

    8.04

    Whey powder, low in sugar

    Product obtained by drying whey from which the lactose has been partly removed.

    Protein

    Lactose

    Moisture, if >8%

    Ash

    8.05

    Whey protein powder(1)

    Product obtained by drying the protein compounds extracted from whey or milk by chemical or physical treatment.

    Protein

    Moisture, if >8%

    8.06

    Casein powder

    Product obtained from skimmed or buttermilk by drying casein precipitated by means of acids or rennet.

    Protein

    Moisture, if >10%

    8.07

    Lactose powder

    The sugar separated from milk or whey by purification and drying.

    Lactose

    Moisture, if >5%

    (1)

    This name may be replaced by “milk albumin powder”.

    9. Land animal products

    9.01

    Meat meal(1)

    Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content (minimum protein content 50% in dry matter). (Maximum total phosphorus content: 8%).

    Protein

    Fat

    Ash

    Moisture, if >8%

    9.02

    Meat-and-bone meal(1)

    Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content.

    Protein

    Fat

    Ash

    Moisture, if >8%

    9.03

    Bone meal

    Product obtained by heating, drying and finely grinding bones of warm-blooded land animals from which the fat has been largely extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content.

    Protein

    Ash

    Moisture, if >8%

    9.04

    Greaves

    Residual product of the manufacture of tallow, lard and other extracted or physically removed fats of animal origin.

    Protein

    Fat

    Moisture, if >8%

    9.05

    Poultry meal(1)

    Product obtained by heating, drying and grinding by-products from slaughtered poultry. The product must be substantially free of feathers.

    Protein

    Fat

    Ash

    Ash insoluble in HC1 >3.3%

    Moisture, if >8%

    9.06

    Feather meal, hydrolysed

    Product obtained by hydrolysing, drying and grinding poultry feathers.

    Protein

    Ash insoluble in HC1 >3.4%

    Moisture, if >8%

    9.07

    Blood meal

    Product obtained by drying the blood of slaughtered warm-blooded animals. The product must be substantially free of foreign matter.

    Protein

    Moisture, if >8%

    9.08

    Animal fat(2)

    Product composed of fat from warm-blooded land animals.

    Moisture, if >1%

    (1)

    Products containing more than 13% fat in the dry matter must be qualified as “rich in fat”.

    (2)

    This name may be supplemented by a more accurate description of the type of animal fat depending on its origin or production process (tallow, lard, bone fat, etc.).

    10. Fish, other marine animals, their products and by-products

    10.01

    Fish meal(1)

    Product obtained by processing whole or parts of fish from which part of the oil may have been removed and to which fish solubles may have been re-added.

    Protein

    Fat

    Ash, if >20%

    Moisture, if >8%

    10.02

    Fish solubles, condensed

    Product obtained during manufacture of fish meal which has been separated and stabilised by acidification or drying.

    Protein

    Fat

    Moisture, if >5%

    10.03

    Fish oil

    Oil obtained from fish or parts of fish.

    Moisture if >1%

    10.04

    Fish oil, refined, hardened

    Oil obtained from fish or parts of fish which has been refined and subjected to hydrogenation.

    Iodine number

    Moisture, if >1%

    (1)

    Products containing more than 75% protein in the dry matter may be qualified as “rich in protein”.

    11. Minerals

    11.01

    Calcium carbonate(1)

    Product obtained by grinding sources of calcium carbonate, such as limestone, oyster or mussel shells, or by precipitation from acid solution.

    Calcium

    Ash insoluble in HC1 if >5%

    11.02

    Calcium and magnesium carbonate

    Natural mixture of calcium carbonate and magnesium carbonate.

    Calcium

    Magnesium

    11.03

    Calcareous marine algae (Maerl)

    Product of natural origin obtained from calcareous algae, ground or granulated.

    Calcium

    Ash insoluble in HC1 if >5%

    11.04

    Magnesium oxide

    Technically pure magnesium oxide (MgO).

    Magnesium

    11.05

    Magnesium sulphate

    Technically pure magnesium sulphate (MgSO4.7H2O).

    Magnesium

    Sulphur

    11.06

    Dicalcium phosphate(2)

    Precipitated calcium monohydrogen phosphate from bones or inorganic sources (CaHPO4.×H2O).

    Calcium

    Total phosphorus

    11.07

    Mono-dicalcium phosphate

    Product obtained chemically and composed of equal parts of of dicalcium phosphate and mono- calcium phosphate (CaHPO4-Ca(H2PO4)2.H2O.

    Total phosphorus

    Calcium

    11.08

    Defluorinated rock phosphate

    Product obtained by grinding purified and appropriately defluorinated natural phosphates.

    Total phosphorus

    Calcium

    11.09

    Degelatinised bone meal

    Degelatinsed, sterilised and ground bones from which the fat has been removed.

    Total phosphorus

    Calcium

    11.11

    Calcium magnesium phosphate

    Technically pure calcium-magnesium phosphate.

    Calcium

    Magnesium

    Total phosphorus

    11.12

    Mono-ammonium phosphate

    Technically pure mono-ammonium phosphate (NH4H2PO4).

    Total nitrogen

    Total phosphorus

    11.13

    Sodium chloride(1)

    Technically pure sodium chloride or product obtained by grinding natural sources of sodium chloride, such as (rock) and (marine) salt.

    Sodium

    11.14

    Magnesium propionate

    Technically pure magnesium propionate.

    Magnesium

    11.15

    Magnesium phosphate

    Product consisting of technically pure (dibasic) magnesium phosphate (MgHPO4.×H2O).

    Total phosphorus

    Magnesium

    11.16

    Sodium-calcium-magnesium phosphate

    Product consisting of sodium-calcium-magnesium phosphate.

    Total phosphorus

    Magnesium

    Calcium

    Sodium

    11.17

    Mono-sodium phosphate

    Technically pure mono-sodium phosphate (NaH2PO.H2O).

    Total phosphorus

    Sodium

    11.18

    Sodium bicarbonate

    Technically pure sodium bicarbonate (NaHCO3).

    Sodium

    (1)

    The nature of the source may be indicated additionally in the name or replace it.

    (2)

    The manufacturing process may be included in the name.

    12. Miscellaneous

    12.01

    Bakery and pasta products and by-products(1)

    Product or by-product obtained from the manufacture of bread, including fine bakers' wares, biscuits or pasta.

    Starch

    Total sugar calculated as sucrose

    12.02

    Confectionery products and by-products(1)

    Product or by-product obtained from the manufacture of confectionery including chocolate.

    Total sugar calculated as sucrose

    12.03

    Products and by-products of pastry and ice-cream making(1)

    Product or by-product obtained from the manufacture of pastry, cakes or ice-cream.

    Starch

    Total sugar expressed as sucrose

    Fat

    12.04

    Fatty acids

    By-product obtained during the deacidification, by means of lye or by distillation of oils and fats of unspecified vegetable or animal origin.

    Fat

    Moisture, if >1%

    12.05

    Salts of fatty acids(2)

    Product obtained by saponification of fatty acids with calcium, sodium or potassium hydroxide.

    Fat

    Ca (or Na or K, when appropriate)

    (1)

    The name may be amended or supplemented to specify the agri-food process from which the feed material was obtained.

    (2)

    The name may be supplemented by an indication of the salt obtained.

PART IIIOTHER FEED MATERIALS

Feed material

Compulsory declarations

(1)

(2)

1.

Cereal grains

2.

Products and by-products of cereal grains

Starch, if >20%

Protein, if >10%

Fat, if >5%

Fibre

3.

Oil seeds, oil fruits

4.

Products and by-products of oil seeds, oil fruits

Protein, if >10%

Fat, if >5%

Fibre

5.

Legume seeds

6.

Products and by-products of legume seeds

Protein, if >10%

Fibre

7.

Tubers, roots

8.

Products and by-products of tubers and roots

Starch

Fibre

Ash insoluble in HC1, if >3.5%

9.

Other products and by-products of the sugar beet processing industry

Fibre, if >15%

Total sugar, calculated as sucrose

Ash insoluble in HC1, if >3.5%

10.

Other seeds and fruits, their products and by-products

Protein

Fibre

Fat, if >10%

11.

Forages and roughage

Protein, if >10%

Fibre

12.

Other plants, their products and by-products

Protein, if >10%

Fibre

13.

Products and by-products of the sugar cane processing industry

Fibre, if >15%

Total sugar calculated as sucrose

14.

Milk products and by-products

Protein

Moisture, if >5%

Lactose, if >10%

15.

Land animal products

Protein, if >10%

Fat, if >5%

Moisture, if >8%

16.

Fish, other marine animals, their products and by-products

Protein, if >10%

Fat, if >5%

Moisture, if >8%

17.

Minerals

Relevant minerals

18.

Miscellaneous

Protein, if >10%

Fibre

Fat, if >10%

Starch, if >30%

Total sugar, calculated as sucrose, if >10%

SCHEDULE 3CONTENTS OF THE STATUTORY STATEMENT OR OTHER DECLARATION (EXCEPT FOR ADDITIVES AND PREMIXTURES NOT CONTAINED IN FEEDING STUFFS)

Regulation 8

PART I

Interpretation1

The expression “in the case of any compound feeding stuff”, wherever it appears in this Schedule, shall be construed as referring to any compound feeding stuff which is put into circulation.

Additive declarations (applicable to all feeding stuffs)

2

Where any person puts into circulation any feeding stuff to which there has been added in the course of manufacture or preparation for putting into circulation, an additive of any of the kinds specified below (other than as an authorised medicated pre-mix or an authorised intermediate product within the meaning of Council Directive 90/167/EEC37) and which is not excluded from application of the Additives Directive by Article 22 of that Directive (concerning exports to third countries), the following particulars shall be contained in the statutory statement—

a

for antioxidants, colourants or preservatives—

i

if the feeding stuff is a compound feeding stuff other than a pet food, the name of the additive;

ii

if the feeding stuff is a pet food and it is not covered by paragraph (iii), the words “with antioxidant”, “coloured with” or “colourant”, or “preservative” or “preserved with”, as appropriate, followed by the name of the additive; and

iii

if the feeding stuff is a pet food, it is put up in a package having a net weight not exceeding 10 kilograms, its statutory statement contains a reference number by means of which the feeding stuff concerned may be identified, and its manufacturer supplies, on request, details of the name of the additive concerned,—

aa

the particulars specified in paragraph (ii), or

bb

the words “with antioxidant”, “coloured with” or “preserved with”, as appropriate, followed by the word “EC additives”;

b

for vitamin A, D or E, the name of the vitamin, and the active substance level (in the case of vitamin A or D) or the alpha-tocopherol level as acetate (in the case of vitamin E), whether naturally present or added, together in either case with an indication of the period during which that level will remain present but where more than one of these vitamins is present, either the period for each or only the shortest of such periods;

c

for copper, the name of the additive and the total level of the element, whether naturally present or added;

d

for enzymes—

i

the names of the active constituents according to their enzymatic activities, as specified in the authorisation concerned;

ii

the identification number allotted by the International Union of Biochemistry;

iii

the activity units (expressed as activity units per kilogram or activity units per litre);

iv

an indication of the period during which the activity units will remain present;

v

an indication of any significant characteristics of the enzyme arising during manufacture, as specified in the authorisation concerned; and

vi

the EC registration number;

e

for micro-organisms—

i

the identification of each strain, in accordance with the authorisation;

ii

the file number of each strain;

iii

the number of colony-forming units (expressed as CFU/kg);

iv

the EC registration number;

v

an indication of the period during which the colony-forming units will remain present; and

vi

an indication of any significant characteristics of the micro-organisms arising during manufacture, as specified in the authorisation concerned.

3

In relation to the additives specified below the following particulars may be contained in the statutory statement in addition to those required by paragraph 2—

a

for trace elements other than copper (if the amount present can be determined by the method of analysis specified in Point 3 of the Annex to Directive 78/633/EEC38 or by some other valid scientific method), the name of the additive and the total level of the element, whether naturally present or added; and

b

for vitamins other than vitamins A, D and E, provitamins and substances having a similar chemical effect (if the amount present can be determined by any valid scientific method), the name of the additive, the active substance level, whether naturally present or added, and an indication of the period during which that level will remain present.

4

Any amount referred to—

a

in paragraph 2(c), 3(a) or 3(b) shall be expressed in milligrams per kilogram; and

b

in paragraph 2(b) shall be expressed in million international units per kilogram, international units per kilogram, milligrams per kilogram or micrograms per kilogram, as appropriate.

5

By way of exception to paragraph 4(a), any amount referred to in paragraph 2(c), 3(a) or 3(b) may be expressed as a percentage by weight, unless the amount is less than 0.1% by weight, in which case it shall be expressed in milligrams per kilogram or micrograms per kilogram as appropriate.

6

The particulars required or permitted by paragraphs 2 or 3 to be included in the statutory statement may be accompanied (in the case of any additive not being an enzyme or a micro-organism) by the trade name or the EC registration number of any additive named therein.

Warning statements

7

Where any person puts into circulation any feed material comprising protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—

  • This feed material comprises protein derived from mammalian tissue the feeding of which to ruminants is prohibited

8

Where any person puts into circulation any feed material comprising or containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—

  • This feed material comprises protein derived from mammalian tissue the feeding of which to ruminants, all other categories of farmed creatures and equine animals is prohibited

9

In the case of any compound feeding stuff containing protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—

  • This compound feeding stuff contains protein derived from mammalian tissue the feeding of which to ruminants is prohibited

10

In the case of any compound feeding stuff containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement shall contain the following declaration—

  • This compound feeding stuff contains protein derived from mammalian tissue the feeding of which to ruminants, all other categories of farmed creatures and equine animals is prohibited

Feed materials

11

Subject to paragraphs 12 to 15 in the case of any feed material which is put into circulation by any person, the following particulars shall be contained in the statutory statement—

a

in the case of any feed material of a kind specified in column (3) of Part II to Schedule 2 —

i

the corresponding name specified in column (2) of that Part (the inclusion of any word appearing in brackets in that column being optional); and

ii

the particulars (if any) specified in relation to the feed material in the corresponding entry in column (4) of that Part;

b

in the case of any feed material of a kind specified in column (1) of Part III to Schedule 2 —

i

its name or description there specified, or a name and description (other than one specified in that column, or in column (2) of Part II to that Schedule) sufficiently specific to indicate the nature of the material, and in conformity with the criteria specified in the Introductory Notes to Part II to that Schedule; and

ii

the particulars specified in relation to the feed material in the corresponding entry in column (2) of Part III to that Schedule;

c

in the case of any feed material—

i

subject to regulation 9(5) as read with Article 6(4) of the Feed Materials Directive, which shall be observed where applicable, the words “feed material”;

ii

the moisture content of the feed material, if it exceeds 14% by weight of the feed material or, where a different percentage is specified in relation to that feed material in Part II or Part III to Schedule 2, if it exceeds that percentage;

iii

the moisture content of the feed material, where it does not exceed the relevant percentage specified in paragraph (ii), but a purchaser requests that the moisture content be declared;

iv

the level of ash soluble in hydrochloric acid in the feed material, if that level exceeds 2.2% in the dry matter or, where a different percentage is specified in relation to that feed material in Part II or Part III to Schedule 2, if it exceeds that percentage;

v

where any other feed material has been used to denature the feed material, the nature and quantity of the other feed material so used;

vi

where any other feed material has been used to bind the feed material, the nature of the other feed material so used;

vii

the net quantity of the feed material, expressed in units of mass in the case of any solid feed material and, in the case of any liquid feed material, in units of mass or volume;

viii

where the feed material is part of a divided batch of feed materials, reference to the original batch;

ix

the name or business name, and the address or registered business address, of the person within the European Community responsible for the particulars specified in this sub-paragraph, if the establishment referred to in sub-paragraph (x) is not responsible for them; and

x

where the establishment producing the feed material must be approved in accordance with Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption39; the name or business name, and the address or registered business address, of the establishment, the approval number, the batch reference number or any other particulars which ensure that the material can be traced.

12

The particulars specified in paragraph 11(a)(ii) and (b)(ii) and (c)(ii) to (iv) shall not be required where—

a

before the feed material concerned is supplied, the person to whom it is supplied notifies the supplier in writing that those particulars need not be supplied, or

b

any feed material of animal or vegetable origin, fresh or preserved, and intended for pet animals, is supplied (in a quantity not exceeding 10 kg) directly to the final user thereof, by a person established in the United Kingdom.

13

1

In the case of any feed material which—

a

originated in a third country, and

b

is, for the first time, put into circulation in Northern Ireland and the European Community,

in the circumstances specified in the introductory paragraph of Article 6(2) of the Feed Materials Directive, provisional details of the particulars specified in paragraph 11(a)(ii), (b)(ii) and (c)(ii) to (iv) may be provided, if the requirements of sub-paragraph (2) are observed.

2

The requirements of this sub-paragraph are observed if—

a

the person responsible for giving those particulars gives notification, in advance, of the impending arrival of the feed material in Northern Ireland, to the Department of Agriculture and Rural Development;

b

the provisional details are accompanied by the following declaration in bold type—

  • provisional data to be confirmed by … (name and address of the laboratory instructed to carry out the analyses) regarding … (reference number of the sample to be analysed) before … date

c

the person responsible as mentioned in sub-paragraph (a) provides the final particulars in question to the person to whom the feed material is supplied, and to the Department of Agriculture and Rural Development, within 10 days of its arrival in Northern Ireland.

3

Where the requirements of sub-paragraph (2) are observed, it shall be the duty of the inspector concerned to notify the European Commission that, in relation to the feed material concerned, the provisional particulars concerned have been provided, and to inform the Commission of the nature of those particulars.

14

1

The particulars specified in paragraph 11 shall not be required in the case of any feed material of animal or vegetable origin, in its natural state, fresh or preserved, and which is not treated with an additive other than any preservative, if the feed material is provided by a farmer-producer to a breeder-user, both of whom carry on business in the United Kingdom.

2

For the purposes of this paragraph, “farmer-producer” and “breeder-user” shall have the same meanings as in the Feed Materials Directive.

15

1

The particulars specified in paragraph 11(a)(ii), (b)(ii), and (c)(ii) to (vii) shall not be required in the case of any feed material which is a by-product of vegetable or animal origin derived from agro-industrial processing, and which has a moisture content greater than 50%.

2

For the purposes of this paragraph, “agro-industrial processing” shall have the same meaning as in the Feed Materials Directive.

16

1

Subject to sub-paragraph (2), in the case of any feed material which is put into circulation by any person, information may be provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared.

2

Any such information provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared—

a

shall be clearly separated from those particulars;

b

shall related to objective or quantifiable factors which can be substantiated; and

c

shall not be misleading.

Compound feeding stuffs: general

17

1

Subject to sub-paragraph (2), in the case of any compound feeding stuff, the following particulars shall be contained in the statutory statement—

a

the description “complete feeding stuff”, “complementary feeding stuff”, “mineral feeding stuff”, “molassed feeding stuff”, “complete milk replacer feed” or “complementary milk replacer feed” as appropriate;

b

the species or category of animal for which the feeding stuff is intended and directions for the proper use of the feeding stuff, indicating the purpose for which it is intended, except where the feeding stuff is constituted from no more than three ingredients and is clearly described by reference to its ingredients, either in the statutory statement or elsewhere on its package, label or container; and

c

the name or trade name and address or registered office of the person established in the European Community responsible for the accuracy of the particulars which, in accordance with this Schedule are required in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared.

2

In the case of—

a

any pet food, the descriptions “complete pet food” and “complementary pet food” may be used instead of “complete feeding stuff” and “complementary feeding stuff” respectively;

b

any feeding stuff for pet animals other than dogs or cats, each of the descriptions “complete feeding stuff” and “complementary feeding stuff” may be replaced by either of the descriptions “compound feeding stuff” or “compound pet food”, but in such a case the statutory statement shall comply with paragraph 19 and the provisions relating to complete feeding stuffs in Part II of this Schedule, even if it would not otherwise be required to do so.

18

In the case of any compound feeding stuff, the following particulars shall be declared either in the statutory statement, or elsewhere on the package, label or container (in which case the statutory statement shall indicate where they are to be found)—

a

the net quantity, expressed in the case of solid products in units of mass, and in the case of liquid products in units of mass or volume;

b

the minimum storage life, which shall be expressed—

i

in the case of microbiologically highly perishable feeding stuffs, by the words “use before…” followed by the appropriate date (day, month and year), and

ii

in all other cases by the words “best before…” followed by the appropriate date (month and year),

except that, where an expiry date for a period is required to be declared by paragraph 2(b) or 3(b), and is earlier than the appropriate date otherwise required by this paragraph, that expiry date shall be used as the appropriate date;

c

the batch reference number; and

d

the approval or registration number allocated by the relevant enforcement authority to the establishment which manufactured the compound feeding stuff.

19

1

In the case of any compound feeding stuff other than a whole grain mix, the statutory statement—

a

shall include such declarations of the matters provided for in the columns of Part II of this Schedule as must be included; and

b

may include such declarations provided for in the columns of Part II of this Schedule as may be included,

for consistency with Article 5 of the Compound Feedingstuffs Directive.

2

In the case of a whole grain mix which is put into circulation, the statutory statement may include such of the declarations provided for in the columns of Part II of this Schedule as may be included for consistency with Article 5 of the Compound Feedingstuffs Directive.

20

1

In the case of any compound feeding stuff other than a whole grain mix, the moisture content shall be declared in the statutory statement if it exceeds the following levels—

milk replacer feeds and other compound feeding stuffs with a milk product content exceeding 40%

7%

mineral feeding stuffs containing no organic substances

5%

mineral feeding stuffs containing organic substances

10%

other compound feeding stuffs

14%

2

In the case of a whole grain mix, or a compound feeding stuff with a moisture content not exceeding the limits stated in sub-paragraph (1) which is put into circulation, the moisture content may be declared in the statutory statement.

21

In the case of any compound feeding stuff having a level of ash insoluble in hydrochloric acid not exceeding the relevant level specified in regulation 18(1)(a) or, as the case may be, (b), that level may be declared in the statutory statement as a percentage of the feeding stuff as such.

22

In the case of any compound feeding stuff, the following particulars may be included in the statutory statement—

a

if the manufacturer is not the person responsible for the labelling particulars, the name or business name and the address or registered business address of the manufacturer;

b

an indication of the physical condition of the feeding stuff or the specific processing it has undergone;

c

the date of manufacture, expressed as follows—

  • manufactured … [days, months or years] before the minimum storage life expiry date indicated … [place where indicated if not on statutory statement].

d

the identification mark or trade mark of the person responsible for the particulars which, in accordance with this Schedule, are required or permitted in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared;

e

the description or trade name of the feeding stuff;

f

the price of the feeding stuff; and

g

the country of origin or manufacture of the feeding stuff.

23

1

In the particulars required or permitted by paragraphs 18 to 21 and 25 and by paragraph 19 of Schedule 4 to the 2001 Regulations to be set out in the statutory statement—

a

unless the paragraph in question specifies some other method of expression, the amounts shown shall be expressed in each case as a percentage of the weight of the feeding stuff as such; and

b

phosphorus shall be expressed as “phosphorus P”.

2

An expression of an amount as being within a range of percentages set out in the statutory statement shall not be regarded as compliance with sub-paragraph (1).

24

1

Subject to sub-paragraph (2), in the case of any compound feeding stuff, information may be provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared.

2

Any information provided pursuant to sub-paragraph (1)—

a

shall be clearly separated from those particulars;

b

shall not be designed to indicate the presence or content of analytical constituents other than those the declaration of which is provided for in this Schedule or in Schedule 7;

c

shall relate to objective or quantifiable factors which can be substantiated;

d

shall not be misleading, in particular by attributing to the feeding stuff effects or properties that it does not possess, or by suggesting that it possesses special characteristics, when all similar feeding stuffs contain similar properties;

e

shall not claim that the feeding stuff will prevent, treat or cure a disease;

f

shall not, in the case of any feeding stuff intended for a particular nutritional purpose, include a generic description other than in the form of the generic term “dietetic”;

g

shall not, in the case of any feeding stuff other than one intended for a particular nutritional purpose, include a generic description in that form; and

h

shall not include reference to a particular pathological condition, unless—

i

the feeding stuff is intended for a particular nutritional purpose, and

ii

the particular nutritional purpose is specified in respect of that feeding stuff in column 1 of Chapter A of Schedule 7 and relates to that condition.

Compound pet food: specific provisions

25

1

In the case of any compound feeding stuff for dogs or cats, all the feed materials shall be declared in the statutory statement.

2

In the case of any compound feeding stuff for pet animals other than dogs and cats, the feed materials may be declared in the statutory statement, and in such case all the feed materials shall be declared.

3

Subject to paragraph 29(2) and paragraph 3 of Chapter B of Schedule 7, feed materials declared in accordance with sub-paragraph (1) or (2) shall be declared either—

a

by their specific names, with an indication of the amount of each feed material; or

b

by their specific names in descending order by weight; or

c

by categories, as described in Part I of Schedule 8, in descending order by weight;

and the use of one of those forms of declaration shall preclude the use of either of the others, except —

i

where the declaration is by categories and any feed material belongs to none of the categories described in Part I of Schedule 8, in which case that feed material, designated by its specific name, shall be listed in order by weight in relation to the categories; or

ii

in the case of any feeding stuff intended for a particular nutritional purpose, paragraph 29(2) and paragraph 3 of Chapter B of Schedule 7 require the declaration of any feed material by its specific name, in which case any feed material to which those provisions do not apply may be declared by reference to the category to which it belongs.

26

Where any declaration under paragraph 25 or under paragraph 19 of Schedule 4 to the 2001 Regulations is by specific names, any feed material described in column 3 of Part II of Schedule 2 shall be declared by the corresponding name specified in column 2 of that Part (the inclusion of any word appearing in brackets in that column being optional).

Complementary feeding stuffs27

1

In the case of any complementary feeding stuff which, subject to Article 10 of the Additives Regulation, is put into circulation and contains any additive in excess of the maximum content in relation to complete feeding stuffs specified for that additive in the relevant Part of Parts I to VIII of the Table to Schedule 3 to the 2001 Regulations or, as the case may be, in the relevant European Community Regulation, and which is not covered by Article 22 (concerning exports to third countries) of the Additives Directive, the instructions for use in the statutory statement shall state, according to the species and age of the animal, the maximum quantity in grams or kilograms of the feeding stuff which, under these Regulations, may be given per animal per day, and shall be so formulated that, when they are correctly followed, the final content of the additive in relation to complete feeding stuffs does not exceed the maximum so specified in relation to them.

2

Sub-paragraph (1) shall not apply to any products delivered to manufacturers of compound feeding stuffs or to their suppliers.

Ingredients to which particular attention is drawn28

1

Subject to sub-paragraph (2), in the case of any compound pet food, or of any feeding stuff intended for a particular nutritional purpose for animals other than pet animals which is put into circulation, particular attention may be drawn in the statutory statement, or elsewhere on the package, label or container, to the presence or low content of one or more ingredients which are essential aspects of the characteristics of the feeding stuff.

2

Where particular attention is drawn to the presence or low content of any ingredient, as permitted by sub-paragraph (1), the minimum or maximum content, expressed in terms of the percentage by weight of that ingredient, shall be clearly indicated—

a

opposite the statement which draws attention to that presence or low content;

b

in the list of ingredients; or

c

by mentioning that presence or low content and the percentage thereof (by weight) opposite the corresponding category of ingredients.

Feeding stuffs for particular nutritional purposes

29

1

Subject to sub-paragraph (2), in the case of any feeding stuff intended for a particular nutritional purpose which is put into circulation, the following particulars shall be contained in the statutory statement—

a

the term “dietetic”;

b

a description of the feeding stuff;

c

the particular nutritional purpose of the feeding stuff, as specified in column 1 of Chapter A of Schedule 7;

d

the essential nutritional characteristics of the feeding stuff, as specified in column 2 of that Chapter;

e

the declarations prescribed in column 4 of that Chapter;

f

the declarations, if any, prescribed in column 6 of that Chapter;

g

where any declarations prescribed in that column do not include a declaration that it is recommended that the prior opinion of a veterinarian be sought, the words “It is recommended that a specialist’s opinion be sought before use”; and

h

the recommended length of time for use of the feeding stuff.

2

The particulars required by sub-paragraph (1) to be contained in the statutory statement shall be declared in accordance with the requirements of paragraphs 3-7 and 9 of Chapter B of Schedule 7.

30

1

Subject to sub-paragraph (2), in the case of any feeding stuff intended for a particular nutritional purpose which is put into circulation, particular attention may be drawn in the statutory statement, or elsewhere on the package, label or container, to the presence or low content of one or more analytical constituents which are essential aspects of the characteristics of the feeding stuff.

2

Where particular attention is drawn to the presence or low content of any analytical constituent, as permitted by sub-paragraph (1), the maximum or minimum content, expressed in terms of the percentage by weight of that analytical constituent, shall be clearly indicated in the list of analytical constituents.

Permitted protein products31

1

In the case of any product named as a permitted product in column 2 of Schedule 6, the statutory statement shall contain, in addition to any other particulars required by these Regulations, the name specified for that product in column 7 of that Schedule, together with such further particulars as may be specified in that column in relation to it.

2

In the case of any compound feeding stuff containing, for use as a protein source, any product named as a permitted product in column 2 of Schedule 6, the statutory statement shall contain, in addition to any other particulars required by these Regulations, the name specified for that product in column 7 of that Schedule, together with such further particulars as may be specified in that column in relation to compound feeding stuffs containing that product.

PART IIDECLARATION OF ANALYTICAL CONSTITUENTS

Species or category of animal

Column 1

Column 2

Column 3

Column 4

Feeding stuffs

Analytical constituents and levels

Compulsory Declarations

Optional Declarations

Complete — feeding stuffs

Protein

}

}

feeding stuffs

} Animals except pets other than dogs and cats

} Pets other than dogs and cats

  • Oils and fats

  • Fibre

  • Ash

}

}

— Lysine

Pigs

Animals other than pigs

— Methionine

Poultry

Animals other than poultry

— Cystine

…

}

— Threonine

…

}

— Tryptophan

…

}

— Energy value

…

Poultry (calculated according to EEC method — see Schedule 1)

…

Pigs and ruminants (calculated according to national official methods — see Schedule 1)

— Starch

…

}

— Total sugar (as sucrose)

…

}

Total sugar plus starch

…

} All animals

— Calcium

…

}

— Sodium

…

}

— Magnesium

…

}

— Potassium

…

}

— Phosphorus

Fish except ornamental fish

Animals other than fish except ornamental fish

Complementary feeding stuffs — Mineral

— Protein

…

}

— Fibre

…

}

— Ash

…

} All animals

— Oils and fats

…

}

— Lysine

…

}

— Methionine

…

}

— Cystine

…

}

— Threonine

…

}

— Tryptophan

…

}

— Calcium

}

— Phosphorus

} All animals

— Sodium

}

— Magnesium

Ruminants

Animals other than ruminants

— Potassium

…

All animals

Complementary feeding stuffs — Molassed

— Protein

}

— Fibre

} All animals

— Total sugar (as sucrose)

}

— Ash

}

— Oils and fats

…

All animals

— Calcium

…

}

— Phosphorous

…

} All animals

— Sodium

…

}

— Potassium

…

}

  • Magnesium

    • ≥ 0.5%

Ruminants

Animals other than ruminants

  • < 0.5%

…

All animals

Complementary feeding stuffs — Other

— Protein

} Animals except pets other than dogs and cats

} Pets other than dogs and cats

— Oils and fats

}

}

— Fibre

}

}

— Ash

}

}

— Calcium ≥ 5%

Animals other than pets

Pets

< 5%

…

All animals

— Phosphorus ≥ 2%

Animals other than pets

Pets

< 2%

…

All animals

  • Magnesium

  • ≥ 0.5%

Ruminants

Animals other than ruminants

< 0.5%

…

}

— Sodium

…

} All animals

— Potassium

…

}

— Energy value

…

Poultry (declaration according to EEC method — see Schedule 1)

…

Pigs and ruminants (declaration according to national official methods — see Schedule 1)

— Lysine

Pigs

Animals other than pigs

— Methionine

Poultry

Animals other than poultry

— Cystine

…

}

— Threonine

…

}

— Tryptophan

…

}

— Starch

…

} All animals

— Total sugar (as sucrose)

…

}

— Total sugar plus starch

…

}

SCHEDULE 4LIMITS OF VARIATION

Regulation 10

PART ACOMPOUND FEEDING STUFFS EXCEPT THOSE FOR PETS

Analytical constituents

Limits of variation (absolute value in percentage by weight, except where otherwise specified)

Ash

If present in excess—

  • 2 for declarations of 10% or more

  • 20% of the amount stated for declarations of 5% or more but less than 10%

  • 1 for declarations of less than 5%

In the case of deficiency—

  • 3 for declarations of 10% or more

  • 30% of the amount stated for declarations of 5% or more but less than 10%

  • 1.5 for declarations less than 5%

Ash insoluble in hydrochloric acid

If present in excess—

  • 2 for declarations of 10% or more

  • 20% of the amount stated for declarations of 4% or more but less than 10%

  • 1 for declarations of less than 4%

Calcium

If present in excess—

  • 3.6 for declarations of 16% or more

  • 22.5% of the amount stated for declarations of 12% or more but less than 16%

  • 2.7 for declarations of 6% or more but less than 12%

  • 45% of the amount stated for declarations of 1% or more but less than 6%

  • 0.45 for declarations less than 1%

In case of deficiency—

  • 1.2% for declarations of 16% or more

  • 7.5% of the amount stated for declarations of 12% or more but less than 16%

  • 0.9 for declarations of 6% or more but less than 12%

  • 15% of the amount stated for declarations of 1% or more but less than 6%

  • 0.15 for declarations less than 1%

Cystine

In case of deficiency—

  • 30% of the amount stated

Fibre

If present in excess—

  • 1.8 for declarations of 12% or more

  • 15% of the amount stated for declarations of 6% or more but less than 12%

  • 0.9 for declarations of less than 6%

In case of deficiency—

  • 5.4 for declarations of 12% or more

  • 45% of the amount stated for declarations of 6% or more but less than 12%

  • 2.7 for declarations of less than 6%

Lysine

In case of deficiency—

  • 30% of the amount stated

Magnesium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 7.5% or more but less than 15%

  • 2.25 for declarations of 5% or more but less than 7.5%

  • 45% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.3 for declarations less than 0.7%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 7.5% or more but less than 15%

  • 0.75 for declarations of 5% or more but less than 7.5%

  • 15% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.1 for declarations less than 0.7%

Methionine

In case of deficiency—

  • 30% of the amount stated

Moisture

If present in excess—

  • 1 for declarations of 10% or more

  • 10% of the amount stated for declarations of 5% or more but less than 10%

  • 0.5 for declarations less than 5%

Oils and fats

If present in excess—

  • 3 for declarations of 15% or more

  • 20% of the amount stated for declarations of 8% or more but less than 15%

  • 1.6 for declarations less than 8%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 8% or more but less than 15%

  • 0.8 for declarations less than 8%

Phosphorus

If present in excess—

  • 3.6 for declarations of 16% or more

  • 22.5% of the amount stated for declarations of 12% or more but less than 16%

  • 2.7 for declarations of 6% or more but less than 12%

  • 45% of the amount stated for declarations of 1% or more but less than 6%

  • 0.45 for declarations less than 1%

In case of deficiency—

  • 1.2 for declarations of 16% or more

  • 7.5% of the amount stated for declarations of 12% or more but less than 16%

  • 0.9 for declarations of 6% or more but less than 12%

  • 15% of the amount stated for declarations of 1% or more but less than 6%

  • 0.15 for declarations less than 1%

Potassium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 7.5% or more but less than 15%

  • 2.25 for declarations of 5% or more but less than 7.5%

  • 45% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.3 for declarations less than 0.7%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 7.5% or more but less than 15%

  • 0.75 for declarations of 5% or more but less than 7.5%

  • 15% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.1 for declarations less than 0.7%

Protein

If present in excess—

  • 4 for declarations of 20% or more

  • 20% of the amount stated for declarations of 10% or more but less than 20%

  • 2 for declarations less than 10%

In case of deficiency—

  • 2 for declarations of 20% or more

  • 10% of the amount stated for declarations of 10% or more but less than 20%

  • 1 for declarations less than 10%

Sodium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 7.5% or more but less than 15%

  • 2.25 for declarations of 5% or more but less than 7.5%

  • 45% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.3 for declarations less than 0.7%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 7.5% or more but less than 15%

  • 0.75 for declarations of 5% or more but less than 7.5%

  • 15% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.1 for declarations less than 0.7%

Starch and total sugar plus starch

If present in excess—

  • 5 for declarations of 25% or more

  • 20% of the amount stated for declarations of 10% or more but less than 25%

  • 2 for declarations less than 10%

In case of deficiency—

  • 2.5 for declarations of 25% or more

  • 10% of the amount stated for declarations of 10% or more but less than 25%

  • 1 for declarations less than 10%

Threonine

In case of deficiency—

  • 30% of the amount stated

Total sugar

If present in excess —

  • 4 for declarations of 20% or more

  • 20% of the amount stated for declarations of 10% or more but less than 20%

  • 2 for declarations less than 10%

In case of deficiency—

  • 2 for declarations of 20% or more

  • 10% of the amount stated for declarations of 10% or more but less than 20%

  • 1 for declarations less than 10%

Tryptophan

In case of deficiency—

  • 30% of the amount stated

PART BCOMPOUND PET FOODS

Analytical constituents

Limits of variation (absolute value in percentage by weight, except where otherwise specified)

Ash

If present in excess—

  • 1.5 for all declarations

In the case of deficiency—

  • 4.5 for all declarations

Ash insoluble in hydrochloric acid

If present in excess—

  • 1.5 for all declarations

Calcium

If present in excess—

  • 3.6 for declarations of 16% or more

  • 22.5% of the amount stated for declarations of 12% or more but less than 16%

  • 2.7 for declarations of 6% or more but less than 12%

  • 45% of the amount stated for declarations of 1% or more but less than 6%

  • 0.45 for declarations less than 1%

In case of deficiency—

  • 1.2 for declarations of 16% or more

  • 7.5% of the amount stated for declarations of 12% or more but less than 16%

  • 0.9 for declarations of 6% or more but less than 12%

  • 15% of the amount stated for declarations of 1% or more but less than 6%

  • 0.15 for declarations less than 1%

Cystine

In case of deficiency—

  • 30% of the amount stated

Fibre

If present in excess—

  • 1 for all declarations

In case of deficiency—

  • 3 for all declarations

Lysine

In case of deficiency—

  • 30% of the amount stated

Magnesium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 7.5% or more but less than 15%

  • 2.25 for declarations of 5% or more but less than 7.5%

  • 45% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.3 for declarations less than 0.7%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 7.5% or more but less than 15%

  • 0.75 for declarations of 5% or more but less than 7.5%

  • 15% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.1 for declarations less than 0.7%

Methionine

In case of deficiency—

  • 30% of the amount stated

Oils and fats

If present in excess—

  • 5 for all declarations

In case of deficiency—

  • 2.5 for all declarations

Phosphorus

If present in excess—

  • 3.6 for declarations of 16% or more

  • 22.5% of the amount stated for declarations of 12% or more but less than 16%

  • 2.7 for declarations of 6% or more but less than 12%

  • 45% of the amount stated for declarations of 1% or more but less than 6%

  • 0.45 for declarations less than 1%

In case of deficiency—

  • 1.2 for declarations of 16% or more

  • 7.5% of the amount stated for declarations of 12% or more but less than 16%

  • 0.9 for declarations of 6% or more but less than 12%

  • 15% of the amount stated for declarations of 1% or more but less than 6%

  • 0.15 for declarations less than 1%

Potassium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 7.5% or more but less than 15%

  • 2.25 for declarations of 5% or more but less than 7.5%

  • 45% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.3 for declarations less than 0.7%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 7.5% or more but less than 15%

  • 0.75 for declarations of 5% or more but less than 7.5%

  • 15% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.1 for declarations less than 0.7%

Protein

If present in excess—

  • 6.4 for declarations of 20% or more

  • 32% of the amount stated for declarations of 12.5% or more but less than 20%

  • 4 for declarations less than 12.5%

In case of deficiency—

  • 3.2 for declarations of 20% or more

  • 16% of the amount stated for declarations of 12.5% or more but less than 20%

  • 2 for declarations less than 12.5%

Sodium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 7.5% or more but less than 15%

  • 2.25 for declarations of 5% or more but less than 7.5%

  • 45% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.3 for declarations less than 0.7%

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 7.5% or more but less than 15%

  • 0.75 for declarations of 5% or more but less than 7.5%

  • 15% of the amount stated for declarations of 0.7% or more but less than 5%

  • 0.1 for declarations less than 0.7%

Starch and total sugar plus starch

If present in excess—

  • 5 for declarations of 25% or more

  • 20% of the amount stated for declarations of 10% or more but less than 25%

  • 2 for declarations less than 10%

In case of deficiency—

  • 2.5 for declarations of 25% or more

  • 10% of the amount stated for declarations of 10% or more but less than 25%

  • 1 for declarations less than 10%

Total sugar

If present in excess—

  • 4 for declarations of 20% or more

  • 20% of the amount stated for declarations of 10% or more but less than 20%

  • 2 for declarations less than 10%

In case of deficiency—

  • 2 for declarations of 20% or more

  • 10% of the amount stated for declarations of 10% or more but less than 20%

  • 1 for declarations less than 10%

Threonine

In case of deficiency—

  • 30% of the amount stated

Tryptophan

In case of deficiency—

  • 30% of the amount stated

PART CFEED MATERIALS

Analytical constituents

Limits of variation (absolute value in percentage by weight, except where otherwise specified)

Acid index

If present in excess—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 2% or more but less than 15%

  • 0.2 for declarations less than 2%

Ash

If present in excess—

  • 3 for declarations of 10% or more

  • 30% of the amount stated for declarations of 5% or more but less than 10%

  • 1.5 for declarations less than 5%

Ash insoluble in hydrochloric acid

If present in excess—

  • 10% of the amount stated for declarations of 3% or more

  • 0.3 for declarations less than 3%

Calcium

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 2% or more but less than 15%

  • 0.2 for declarations less than 2%

Calcium carbonate

If present in excess—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 2% or more but less than 15%

  • 0.2 for declarations less than 2%

Carotene

In case of deficiency—

  • 30% of the amount stated

Chlorides expressed as NaCl

If present in excess—

  • 10% of the amount stated for declarations of 3% or more

  • 0.3 for declarations less than 3%

Fibre

If present in excess—

  • 2.1 for declarations of 14% or more

  • 15% of the amount stated for declarations of 6% or more but less than 14%

  • 0.9 for declarations less than 6%

Inulin

In case of deficiency—

  • 3 for declarations of 30% or more

  • 10% of the amount stated for declarations of 10% or more but less than 30%

  • 1 for declarations less than 10%

Lysine

In case of deficiency—

  • 20% of the amount stated

Magnesium

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 2% or more but less than 15%

  • 0.2 for declarations less than 2%

Matter insoluble in light petroleum

If present in excess—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 2% or more but less than 15%

  • 0.2 for declarations less than 2%

Methionine

In case of deficiency—

  • 20% of the amount stated

Moisture

If present in excess—

  • 1 for declarations of 10% or more

  • 10% of the amount stated for declarations of 5% or more but less than 10%

  • 0.5 for declarations less than 5%

Oil and Fat

If present in excess—

  • 3.6 for declarations of 15% or more

  • 24% of the amount stated for declarations of 5% or more but less than 15%

  • 1.2 for declarations less than 5%

In case of deficiency—

  • 1.8 for declarations of 15% or more

  • 12% of the amount stated for declarations of 5% or more but less than 15%

  • 0.6 for declarations less than 5%

Phosphorus

In case of deficiency—

  • 1.5 for declarations of 15% or more

  • 10% of the amount stated for declarations of 2% or more but less than 15%

  • 0.2 for declarations less than 2%

Protein

In case of deficiency—

  • 2 for declarations of 20% or more

  • 10% of the amount stated for declarations of 10% or more but less than 20%

  • 1 for declarations less than 10%

Protein equivalent of uric acid

If present in excess—

  • 1.25, or 25% of the amount stated, whichever is the greater

Sodium

If present in excess—

  • 4.5 for declarations of 15% or more

  • 30% of the amount stated for declarations of 2% or more but less than 15%

  • 0.6 for declarations less than 2%

Starch

In case of deficiency—

  • 3 for declarations of 30% or more

  • 10% of the amount stated for declarations of 10% or more but less than 30%

  • 1 for declarations less than 10%

Sugar (total sugars, reducing sugars, sucrose, lactose, glucose (dextrose))

If present in excess—

  • 4 for declarations of 20% or more

  • 20% of the amount stated for declarations of 5% or more but less than 20%

  • 1 for declarations less than 5%

In case of deficiency—

  • 2 for declarations of 20% or more

  • 10% of the amount stated for declarations of 5% or more but less than 20%

  • 0.5 for declarations less than 5%

Volatile nitrogenous bases

In case of deficiency—

  • 20% of the amount stated

Xanthophyll

In case of deficiency—

  • 30% of the amount stated

PART DVITAMINS AND TRACE ELEMENTS

Vitamin/Trace Element

Limits of variation

Cobalt

± 50% of the amount stated

Copper

± 30% of the amount stated for declarations above 200 mg/kg

± 50% of the amount stated for declarations up to and including 200 mg/kg

Iodine

± 50% of the amount stated

Iron

± 30% of the amount stated for declarations of 250 mg/kg or more

± 50% of the amount stated for declarations less than 250 mg/kg

Manganese

± 50% of the amount stated

Molybdenum

± 50% of the amount stated

Selenium

± 50% of the amount stated

Vitamins D2 and D3

± 30% of the amount stated for declarations above 4000 IU/kg

± 50% of the amount stated for declarations up to and including 4000 IU/kg

Vitamins other than D2 and D3

In case of deficiency —

  • 30% of the amount stated

Zinc

± 50% of the amount stated

PART EENERGY VALUE OF COMPOUND FEEDING STUFFS

Feeding stuff

Limits of variation

Compound feeding stuffs for poultry

± 0.7 MJ/kg (absolute value)

Compound feeding stuffs for ruminants

± 7.5% of the amount stated

Compound feeding stuffs for pigs

± 7.5% of the amount stated

Feeding stuffs for particular nutritional purposes for cats and dogs

± 15% of the amount stated

SCHEDULE 5PRESCRIBED LIMITS FOR UNDESIRABLE SUBSTANCES

Regulation 14

CHAPTER A

Column 1

Column 2

Column 3

Undesirable substances

Products intended for animal feed

Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%

Arsenic

Feed materials except:

2

— meal made from grass, from dried lucerne and from dried clover and dried sugar beet pulp and dried molasses sugar beet pulp

4

— palm kernel expeller

4 (of which the content of inorganic arsenic must be less than 2)

— phosphates and calcareous marine algae

10

— calcium carbonate

15

— magnesium oxide

20

— feeding stuffs obtained from the processing of fish or other marine animals

15 (of which the content of inorganic arsenic must be less than 2)

— seaweed meal and feed materials derived from seaweed

40 (of which the content of inorganic arsenic must be less than 2)

Complete feeding stuffs except:

2

— complete feeding stuffs for fish and fur-producing animals

6 (of which the content of inorganic arsenic must be less than 2)

Complementary feeding stuffs except:

4

— mineral feeding stuffs

12

Note in respect of all entries in column 3

The maximum levels refer to total arsenic

Cadmium

Feed materials of vegetable origin

1

Feed materials of animal origin (with the exception of feeding stuffs for pets)

2

Phosphates

10

Complete feeding stuffs for cattle, sheep and goats (with the exception of complete feeding stuffs for calves, lambs and kids)

1

Other complete feeding stuffs (with the exception of feeding stuffs for pets)

0.5

Mineral feeding stuffs

5

Other complementary feeding stuffs for cattle, sheep and goats

0.5

Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlor-inated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997))

All feed materials of plant origin including vegetable oils and by-products

0.75 ng WHO-PCDD/F-TEQ/kg

Minerals as listed in Section 11 of Part II of Schedule 2

1.0 ng WHO-PCDD/F-TEQ/kg

Kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite, synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the group “binders, anti-caking agents and coagulants” authorised under the Additives Directive or the Additives Regulation

0.75 ng WHO-PCDD/F-TEQ/kg

Animal fat, including milk fat and egg fat

2.0 ng WHO-PCDD/F-TEQ/kg

Other land animal products including milk and milk products and eggs and egg products

0.75 ng WHO-PCDD/F-TEQ/kg

Fish oil

6 ng WHO-PCDD/F-TEQ/kg

Fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fat

1.25 ng WHO-PCDD/F-TEQ/kg

Compound feeding stuffs, with the exception of feeding stuffs for fur animals, pet foods and feeding stuffs for fish

0.75 ng WHO-PCDD/F-TEQ/kg

Feeding stuffs for fish and pet foods

2.25 ng WHO-PCDD/F-TEQ/kg

Fish protein hydrolysates containing more than 20% fat

2.25 ng WHO-PCDD/F-TEQ/kg

Note in respect of the entry in Column 2 relating to fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fat

Fresh fish directly delivered and used without intermediate processing for the production of feeding stuffs for fur animals is exempted from the maximum limit and a maximum level of 4.0 ng WHO-PCDD/F-TEQ/kg product is applicable to fresh fish used for the direct feeding of pet animals, zoo and circus animals. The products, processed animal proteins produced from these animals (fur animals, pet animals, zoo and circus animals) cannot enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food

Note in respect of all the entries in Column 3

Upper-bound concentrations; upper-bound concentrations are calculated assuming that all values of the different congeners less than the limit of quantification are equal to the limit of quantification

Fluorine

Feed materials except:

150

— feeding stuffs of animal origin with the exception of marine crustaceans such as marine krill

500

— phosphates and marine crustaceans such as marine krill

2000

— calcium carbonate

350

— magnesium oxide

600

— caslcareous marine algae

1000

Complete feeding stuffs except:

150

— complete feeding stuffs for cattle, sheep and goats

— in milk

30

— other

50

— complete feeding stuffs for pigs

100

— complete feeding stuffs for poultry

350

— complete feeding stuffs for chicks

250

Mineral mixtures for cattle, sheep and goats

2000

Other complementary feeding stuffs

125 (fluorine content per percentage point phosphorus in the feeding stuff)

Lead

Feed materials except:

10

— grass meal, lucerne meal or clover meal

40

— calcium carbonate

20

— phosphates and calcareous marine algae

15

— yeast

5

Complete feeding stuffs

5

Complementary feeding stuffs except:

10

— mineral feeding stuffs

15

Mercury

Feed materials except:

0.1

— feed materials produced by the processing of fish or other marine animals

0.5

Complete feeding stuffs except:

0.1

— complete feeding stuffs for dogs or cats

0.4

Complementary feeding stuffs (with the exception of complementary feeding stuffs for dogs and cats)

0.2

Nitrates

Fish meal

60 (expressed as sodium nitrite)

Complete feeding stuffs except feeding stuffs intended for pets other than birds and aquarium fish

15 (expressed as sodium nitrite)

CHAPTER B

Aflatoxin B1

All feed materials

0.02

Complete feeding stuffs for cattle, sheep and goats except:

0.02

— dairy animals

0.005

— calves and lambs

0.01

Complete feeding stuffs for pigs and poultry (except piglets and chicks)

0.02

Other complete feeding stuffs

0.01

Complementary feeding stuffs for cattle, sheep and goats (except complementary feeding stuffs for dairy animals, calves and lambs)

0.02

Complementary feeding stuffs for pigs and poultry (except piglets and chicks)

0.02

Other complementary feeding stuffs

0.005

Castor oil plant Ricinus communis L.

All feeding stuffs

10 (expressed in terms of castor oil plant husks)

Crotalaria spp.

All feeding stuffs

100

Free Gossypol

Feed materials except:

20

— cotton-seed

5000

— cotton-seed cakes

1200

Complete feeding stuffs except:

20

— complete feeding stuffs for cattle, sheep and goats

500

— complete feeding stuffs for poultry (except laying hens) and calves

100

— complete feeding stuffs for rabbits and pigs (except piglets)

60

Hydrocyanic acid

Feed materials except:

50

— linseed

250

— linseed cakes

350

— manioc products and almond cakes

100

Complete feeding stuffs except:

50

— complete feeding stuffs for chicks

10

Rye Ergot Claviceps purpurea

All feeding stuffs containing unground cereals

1000

CHAPTER C

Apricots — Prunus armeniaca L.

]

]

Bitter almond — Prunus dulcis (Mill.) D.A. Webb var. amara (DC.) Focke (= Prunus amygdalus Batsch var. amara (DC.) Focke)

]

]

Unhusked beech mast — Fagus silvatica (L.) Camelina-Camelina sativa (L.) Cranz

]

]

Mowrah, bassia, madhuca — Madhuca longifolia (L.) Macbr. ( = Bassia longifolia L = Illipe malabrorum Engl.) Madhuca indica Gmelin. (= Bassia latifolia (Rosch.) F. Mueller)

Purghera — Jatropha curcas L.

] All feeding stuffs

] Seeds and fruits of the plant species listed opposite as well as their processed derivatives may only be present in feeding stuffs in trace amounts not quantitatively determinable

Croton — Croton tiglium L.

]

]

Indian mustard — Brassica juncea (L.) Czern. and Coss. ssp. integrifolia (West.) Thell

]

]

Sareptian mustard — Brassica juncea (L.) Czern. and Coss. ssp. Juncea

]

]

Chinese mustard — Brassica juncea (L.) Czern. and Coss. ssp. juncea var. lutea Batalin

]

]

Black mustard — Brassica nigra (L.) Koch

]

]

Ethiopian mustard — Brassica carinata A Braun

]

]

Theobromine

Complete feeding stuffs except:

300

— complete feeding stuffs for adult cattle

700

Vinylthioox-azolidone (Vinyloxyzolidine thione)

Complete feeding stuffs for poultry except:

1000

— complete feeding stuffs for laying hens

500

Volatile mustard oil

Feed materials except:

100

— rape-seed cakes

4000 (expressed as allyl isothiocyanate)

Complete feeding stuffs except:

150 (expressed as allyl isothiocyanate)

— complete feeding stuffs for cattle, sheep and goats (except calves, lambs and kids)

1000 (expressed as allyl isothiocyanate)

— complete feeding stuffs for pigs (except piglets) and poultry

500 (expressed as allyl isothiocyanate)

Weed seeds and unground and uncrushed fruit containing alkaloids, glucosides or other toxic substances separately or in combination including:

All feeding stuffs

3000

a

Lolium temulentum L.

1000

b

Lolium remotum Schrank

1000

c

Datura stramonium L.

1000

CHAPTER D

Column 1

Column 2

Column 3

Undesirable substances

Products intended for animal feed

Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%

Aldrin

} singly, or

All feeding stuffs

0.01

} combined

except fats

0.2

Dieldrin

} expressed as dieldrin

Camphechlor (Toxaphene)

All feeding stuffs

0.1

Chlordane (sum of cis- and trans-isomers and of oxychlordane, expressed as Chlordane)

All feeding stuffs

except fats

0.02

0.05

DDT (sum of DDT, TDE and DDE isomers, expressed as DDT)

All feeding stuffs

except fats

0.05

0.5

Endosulphan (sum of alpha and betaisomers and of endosulphan sulphate, expressedproducts as endosulphan)

All feeding stuffs

except:

0.1

0.2

— maize and the derived from the processing thereof

— oilseeds and the products derived from the processing thereof

0.5

— complete feeding stuffs for fish

0.005

Endrin (sum of endrin and delta-keto-endrin, expressed as endrin)

All feeding stuffs

except fats

0.01

0.05

Heptachlor (sum of heptachlor and of heptachlor-epoxide, expressed as heptachlor)

All feeding stuffs

except fats

0.01

0.2

Hexachlorobenzene

All feeding stuffs

0.01

(HCB)

except fats

0.2

Hexachlorocyclohexane (HCH)

— alpha-isomers

All feeding stuffs

0.02

except fats

0.2

— beta-isomers

Feed materials

0.01

except fats

0.1

Compound feeding stuffs except

0.01

compound feeding stuffs for dairy cattle

0.005

— gamma-isomers

All feeding stuffs

0.2

except fats

2.0

SCHEDULE 6CONTROL OF CERTAIN PROTEIN SOURCES

Regulation 16 and Schedule 3 Part I, paragraph 29

Column 1

Column 2

Column 3

Column 4

Column 5(1)

Column 6

Column 7(1)

Name of product group

Permitted products

Designation of nutritive principle or identity of micro-organisms

Culture substrate (specifications, if any)

Composition characteristics of product

Animal species

Name of product and specified particulars

1.

Proteins obtained from the following groups of micro organisms

1.1

Bacteria

1.1.1.

Bacteria cultivated on

1.1.1.1.

Protein product of fermentation obtained by culture of Methylophilus methylotrophus on methanol

Methylophilus methylotrophus NCIB strain 10.515

Methanol

protein: min 68% —

Reflectance index: at least 50

Pigs, calves, poultry and fish

Declarations to be made on the label or packaging of the product: name of the product;

  • protein;

  • ash;

  • fat;

  • moisture content;

  • instructions for use;

  • “avoid inhalation”;

  • approval number

Declarations to be made on the label or the packaging of compound feeding stuffs:

  • amount of the product contained in the feeding stuff

1.1.2.

Bacteria cultivated on natural gas

1.1.2.1.

Protein product of fermentation from natural gas obtained by culture of:

  • Methyloccus capsulatus (Bath)

  • Alcaligenes acidovorans,

  • Bacillus brevis

  • Bacillus firmus,

and the cells of which have been killed

Methylococcus capsulatus (Bath)

NCIMB strain 11132

Alcaligenes acidovorans

NCIMB strain 12387

Bacillus brevis

NCIMB strain 13288

Bacillus firmus

NCIMB strain 13288

Natural gas: (approx,

  • 91% methane,

  • 5% ethane,

  • 2% propane,

  • 0.5% isobutane,

  • 0.5% n-butane

  • 1% other components),

  • ammonia,

  • mineral salts

protein min 65%

  • Pigs for fattening from 25 to 60 kg

  • Calves from 80 kg on

  • Salmon

Declarations to be made the label or the packaging of the product:

  • the name “Protein product of fermentation from natural gas obtained by culture of Methylococcus capsulatus (Bath), Alcaligenes acidovorans,Bacillus brevis and Bacillus firmus”

  • protein

  • ash

  • fat

  • moisture content

  • instructions for use maximum incorporation rate in the feed:

  • 8% pigs for fattening

  • 8% calves

  • 19% salmon (freshwater)

  • 33% salmon (seawater)

  • “avoid inhalation”;

Declarations to be made on the label or packaging of the compound feeding stuffs:

  • the name “Protein product obtained by bacterial fermentation of natural gas”

  • amount of the product contained in the feeding stuff

  • approval number

1.2.

Yeasts

1.2.1.

Yeasts cultivated on substrates of animal or vegetable origin

— Yeasts obtained from the micro-organisms and substrates listed in columns 3 and 4 respectively, the cells of which have been killed

Saccharomyces cerevisiae

Saccharomyces carlsbergiensis

Kluyveromyces lactis

Kluyveromyces fragilis

Candida guilliermondii

Molasses, distillery residues, cereals and products containing starch, fruit juice, whey, lactic acid, hydrolized vegetable fibres

In relation to Candida guilliermondii only, a minimum dry matter content of 16% applies

All animal species, except in the case of Candida guilliermondii which is only authorised for pigs for fattening

1.2.2.

Yeasts cultivated on substrates other than those given in 1.2.1.

1.3.

Algae

1.4.

Lower fungi

1.4.1.

Products from production of antibiotics by fermentation

1.4.1.1.

Mycelium, wet by-product from the production of of penicillin, ensiled by means of lactobacillus brevis, plantarum, sake, collenoid and streptococcus lactis to inactivate the penicillin, and heat treated

Nitrogenous compound Penicillium chrysogenum ATCC 48271

Different sources of carbohydrates and their hydrolysates

Nitrogen expressed protein: min 7%

Ruminants and pigs

Declarations to be made on the label or packaging of the product:

  • the name “Mycelium silage from the production of penicillin”;

  • nitrogen expressed as protein;

  • ash;

  • moisture;

  • animal species or category;

  • approval number;

Declaration to be made on the label or packaging of the compound feeding stuff:

  • in the name “Mycellium silage from the production of penicillin”

2.

Non-protein nitrogenous compounds

2.1.

Ammonium salts

2.1.1.

Ammonium lactate, produced by fermentation with Lactobacillus bulgaricus

CH3CHOHCO ONH4

Whey

Nitrogen expressed as protein:

  • min 44%

Ruminants from the beginning of rumination

Declarations to be made on the label or packaging of the product:

  • the name “Ammonium lactate from fermentation”;

  • ash;

  • moisture;

  • animal species or category;

Declarations to be made on the label or packaging of compound feeding stuffs:

  • the name “Ammonium lactate from fermentation

  • amount of product contained in the feeding stuff;

  • percentage of the total protein provided by non-protein nitrogen;

  • indication, in the instructions for use, of the level of total non-protein nitrogen which should not be exceeded in the daily ration of each animal species or category

2.1.2.

Ammonium acetate in aqueous solution

CH3COONH4

Ammonium acetate:

  • min 55%

Ruminants from the start of rumination

Declarations to be made made on the label or packaging of the product:

  • the words “Ammonium acetate”;

  • nitrogen content;

  • moisture content;

  • animal species or category;

Declarations to be made on the label or packaging of compound feeding stuffs;

  • the words “Ammonium acetate”;

  • the amount of the product contained in the feeding stuffs;

  • percentage of the total protein provided by non-protein nitrogen;

  • indication in the instructions for use of the level of total non-protein nitrogen which should not be exceeded in the daily ration for each animal species or category

2.1.3.

Ammonium sulphate in aqueous solution

(NH4)2SO4

Ammonium sulphate:

  • min 35%

Ruminants from the start of rumination

Declarations to be made on the label or packaging of the product:

  • the words “Ammonium sulphate”;

  • nitrogen and moisture contents;

  • animal species;

  • in the case of young ruminants, the incorporation rate in the daily ration may not exceed 0.5%;

Declarations to be made on the label or packaging of compound feeding stuffs:

  • the words “Ammonium sulphate”;

  • the amount of the product contained in the feeding stuff;

  • percentage of the total protein provided by non-protein nitrogen;

  • indication in the instructions for use of the level of total non-protein nitrogen which should not be exceeded in the daily ration of each animal species;

  • in the case of young ruminants, the incorporation rate in the daily ration may not exceed 0.5%

(1)

In this Schedule the contents laid down or to be declared in accordance with Columns 5 and 7 refer to the product as such.

SCHEDULE 7PERMITTED FEEDING STUFFS INTENDED FOR PARTICULAR NUTRITIONAL PURPOSES AND PROVISIONS RELATING TO THEIR USE

Regulation 19 and Schedule 3 Part I, paragraphs 18, 25 and 30

CHAPTER A

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Particular nutritional purpose

Essential nutritional characteristics

Species or category of animal

Labelling declarations

Recommended length of time for use

Other provisions

Support of renal function in case of chronic renal insufficiency(1)

Low level of phosphorus and restricted level of protein but of high quality

Dogs and cats

  • Protein source(s)

  • Calcium

  • Phosphorus

  • Potassium

  • Sodium

  • Contents of essential fatty acids (if added)

Initially up to 6 months(2)

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Indicate in the instructions for use:

“Water should be available at all times.”

Dissolution of struvite stones(3)

Urine acidifying properties, low level of magnesium, and restricted level of protein but of high quality

Dogs

  • Protein source(s)

  • Phosphorus

  • Sodium

  • Magnesium

  • Potassium

  • Chlorides

  • Sulphur

  • Urine acidifying substances

  • Calcium

5 to 12 weeks

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use.”

Indicate in the instructions for use:

“Water should be available at all times.”

Urine acidifying properties and low level of magnesium

Cats

  • Phosphorus

  • Sodium

  • Magnesium

  • Potassium

  • Chlorides

  • Sulphur

  • Total taurine

  • Urine acidifying substances

Reduction of struvite stone recurrence(4)

Urine acidifying properties and moderate level of magnesium

Dogs and cats

  • Calcium

  • Phosphorus

  • Sodium

  • Magnesium

  • Potassium

  • Chlorides

  • Sulphur

  • Urine acidifying substances

Up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use.”

Reduction of urate stones formation

Low level of purines, low level of protein but of high quality

Dogs and cats

— Protein source(s)

Up to 6 months but lifetime use in cases of irreversible disturbance of uric acid metabolism

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use.”

Reduction of oxalate stones formation

Low level of calcium, low level of Vitamin D, and urine alkalising properties

Dogs and cats

  • Phosphorus

  • Calcium

  • Sodium

  • Magnesium

  • Potassium

  • Chlorides

  • Sulphur

  • Total Vitamin D

  • Hydroxyproline

  • Urine alkalising substances

Up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use.”

Reduction of cystine stones formation

Low level of protein, moderate level of sulphur amino acids and urine alkalising properties

Dogs and cats

  • Total sulphur amino acids

  • Sodium

  • Potassium

  • Chlorides

  • Sulphur

  • Urine acidifying substances

Initially up to 1 year

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Reduction of feed material and nutrient intolerances(5)

Selected protein source(s) and/or Selected carbohydrate source(s)

Dogs and cats

  • Protein source(s)

  • Content of essential fatty acids (if added)

  • Carbohydrate source(s)

  • Contents of essential fatty acids (if added)

3 to 8 weeks; if signs of ntolerance disappear this feed can be used indefinitely

—

Reduction of acute intestinal absorptive disorders

Increased level of electrolytes and highly digestible feed materials

Dogs and cats

  • Highly digestible feed materials including their treatment if appropriate

  • Sodium

  • Potassium

  • Source(s) of mucilaginous substances (if added)

1 to 2 weeks

Indicate on the package, container or label:

“During periods of and recovery from acute diarrhoea.”

“It is recommended that a veterinarian’s opinion be sought before use.”

Compensation for maldigestion(6)

Highly digestible feed materials and low level of fat

Dogs and cats

— Highly digestible feed materials including their treatment if appropriate

3 to 12 weeks, but lifetime in case of chronic pancreatic insufficiency

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use.”

Support of heart function in case of chronic cardiac insufficiency

Low level of sodium and increased K/Na ratio

Dogs and cats

  • Sodium

  • Potassium

  • Magnesium

Initially up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be extending the period of use.”

Regulation of glucose supply (Diabetes mellitus)

Low level of rapid glucose-releasing carbohydrates

Dogs and cats

  • Carbohydrate source(s)

  • Treatment of carbohydrates if appropriate

  • Starch

  • Total sugar

  • Fructose (if added)

  • Content of essential fatty acids (if added)

  • Source(s) of short and medium chain fatty acids (if added)

Initially up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Support of liver function in case of chronic liver insufficiency

High quality protein, moderate level of protein, high level of essential fatty acids and high level of highly digestive carbohydrates

Dogs

  • Protein source(s)

  • Content of essential fatty acids

  • Highly digestible carbohydrates including their treatment if appropriate

  • Sodium

  • Total copper

Initially up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.” Indicate in the instructions for use:

“Water should be available at all times”.

Support of liver function in case of chronic liver insufficiency

High quality protein, moderate level of protein and high level of essential fatty acids

Cats

  • Protein source(s)

  • Content of essential fatty acids

  • Sodium

  • Total copper

Initially up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Indicate in the instructions for use:

“Water should be available at all times”.

Regulation of lipid metabolism in case of hyperlipidaemia

Low level of fat and high level of essential fatty acids

Dogs and cats

  • Content of essential fatty acids

  • Contents of n-3 fatty acids (if added)

Initially up to 2 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Reduction of copper in the liver

Low level of copper

Dogs

— Total copper

Initially up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Reduction of excessive body weight

Low energy density

Dogs and cats

— Energy value

Until target body weight is achieved

In the instructions for use an appropriate daily intake must be recommended

Nutritional restoration, convalescence(7)

High energy density, high concentration of essential nutrients and highly digestible feed materials

Dogs and cats

  • Highly digestible feed materials including their treatment if appropriate

  • Energy value

  • Contents of n-3 and n-6 fatty acids (if added)

Until restoration is achieved

In the case of feeding stuffs specially presented to be given via tubing, indicate on the package, container or label:

“Administration under veterinary supervision.”

Support of skin function in case of dermatosis and excessive loss of hair

High level of essential fatty acids

Dogs and cats

— Contents of essential fatty acids

Up to 2 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use.”

Reduction of the risk of milk fever

— Low level of calcium and/or — Low cations/ anions ratio

Dairy cows

  • Calcium

  • Phosphorus

  • Magnesium

  • Calcium

  • Phosphorus

  • Sodium

  • Potassium

  • Chlorides

  • Sulphur

1 to 4 weeks before calving

Indicate in the instructions for use:

“Stop feeding after calving.”

Reduction of the risk of ketosis(8) energy sources

Feed materials providing glucogenic

Dairy cows and ewes

  • Feed materials providing glucogenic energy sources

  • Propane-1, 2-diol (if added as a glucose precursor)

  • Glycerol (if added as a glucose precursor)

3 to 6 weeks after calving(9). Last 6 weeks before and the first 3 weeks after lambing(10)

Reduction of the risk of tetany (hypomagnesaemia)

High level of magnesium, easily available carbohydrates, moderate level of protein and low level of potassium

Ruminants

  • Starch

  • Total sugars

  • Magnesium

  • Sodium

  • Potassium

3 to 10 weeks during periods of fast grass growth

In the instructions for use guidance shall be provided on the balance of the daily ration, with regard to the inclusion of fibre and easily available energy sources.

In the case of feeding stuffs for ovines indicate on the package, container or label:

“Especially for lactating ewes.”

Reduction of the risk of acidosis

Low level of easily fermentable carbohydrates and high buffering capacity

Ruminants

  • Starch

  • Total sugars

Maximum 2 months(11)

In the instructions for use guidance shall be provided on the balance of the daily ration, with regard to the inclusion of fibre and easily fermentable carbohydrate sources.

In the case of feeding stuffs for dairy cows indicate on the package, container or label:

“Especially for high yielding cows.”

In the case of feeding stuffs for ruminants for fattening indicate on the package, container or label:

“Especially for intensively fed …”(12)

Stabilisation of water and electrolyte balance

Predominantly electrolytes and easily absorbable carbohydrates

Calves

Piglets

Lambs

  • Carbohydrate source(s)

  • Sodium

1 to 7 days (1 to 3 days if fed exclusively)

  • Potassium

Indicate on the package, container or label:

“In case of risk of, during periods of, or recovery from digestive disturbance (diarrhoea).

Kids

Foals

— Chlorides

It is recommended that a veterinarian’s opinion be sought before use.”

Reduction of the risk of urinary calculi

Low level of phosphorus, magnesium and urine acidifying properties

Ruminants

  • Calcium

  • Phosphorus

  • Sodium

  • Magnesium

  • Potassium

  • Chlorides

  • Sulphur

  • Urine acidifying substances

Up to 6 weeks

Indicate on the package, container or label:

“Especially for intensively fed young animals.” Indicate in the instructions for use:

“Water should be available at all times.”

Reduction of stress reactions

High level of magnesium and/or highly digestible feed materials

Pigs

  • Magnesium

  • Highly digestible feed materials including their treatment if appropriate;

  • Contents of n-3fatty acids (if added)

1 to 7 days

Guidance shall be provided on the situation in which the use of this feed is appropriate.

Stabilisation of physiological digestion

Low buffering capacity and highly digestible feed materials

Piglets

  • Highly digestible feed materials including their treatment if appropriate

  • Buffering capacity

  • Source(s) of astringent substances (if added)

  • Source(s) of mucilaginuous substances (if added)

2 to 4 weeks

Indicate on the package, container or label:

“In the case of risk of, during periods of, or recovery from, digestive disturbance.”

Highly digestible feed materials

Pigs

  • Highly digestible feed materials including their treatment if appropriate

  • Source(s) of astringent substances (if added)

  • Source(s) of mucilaginous substances (if added)

Reduction of the risk of constipation

Feed materials stimulating intestinal passage

Sows

— Feed materials stimulating intestinal passage

10 to 14 days before and 10 to 14 days after farrowing

Reduction of the risk of fatty liver syndrome

Low energy and high proportion of metabolizable energy from lipids with high level of polyunsaturated fatty acids

Laying hens

  • Energy value (calculated according to EEC method — see Schedule 1)

  • Percentage of metabolizable energy from lipids

  • Content of polyunsaturated fatty acids

Up to 12 weeks

Compensation for malabsorption

Low level of saturated fatty fatty acids and high level of fat soluble vitamins

Poultry excluding geese and pigeons

  • Percentage of saturated fatty acids in relation to total fatty acids

  • Total vitamin A

  • Total vitamin D

  • Total vitamin E

  • Total vitamin K

During the first 2 weeks after hatching

Compensation for chronic insufficiency of small intestine function

Highly precaecally digestible carbohydrates, proteins and fats

Equines(13)

— Source(s) of highly digestible carbohydrates, proteins and fats including their treatment if appropriate

Initially up to 6 months

Guidance should be provided on the situations in which the use of this feed is appropriate and the manner in which it should be fed including many small meals per day.

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Compensation of chronic digestive disorders of large intestine

Highly digestible fibre

Equines

  • Fibre source(s)

  • Contents of n-3 fatty acids (if added)

Initially up to 6 months

Guidance should be provided on the situations in which the use of the feed is appropriate and the manner in which the feed should be fed.

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Reduction of stress reactions

Highly digestible feed materials

Equines

  • Magnesium

  • Highly digestible feed materials including their treatment if appropriate

  • Content of n-3 fatty acids (if added)

2 to 4 weeks

Guidance shall be provided on the precise situations in which the use of the feed is appropriate.

Compensation of electrolyte loss in cases of heavy sweating

Predominantly electrolytes and easily absorbable carbohydrates

Equines

  • Calcium

  • Sodium

  • Magnesium

  • Potassium

  • Chlorides

  • Glucose

1 to 3 days

Guidance shall be provided on the precise situations in which the use of the feed is appropriate.

When the feed corresponds to a significant part of the daily ration, guidance should be provided to prevent the risk of abrupt changes in the nature of the feed.

Indicate on the instructions for use:

“Water should be available at all times.”

Nutritional restoration, convalescence

High concentration of essential nutrients and highly digestible feed materials

Equines

  • Highly digestible feed materials including their treatment if appropriate

  • Content of n-3 and n-6 fatty acids (if added)

Until restoration is achieved

Guidance shall be provided on the situations in which the use of this feed is appropriate.

In the case of feeding stuffs specially presented to be given via tubing, indicate on the package, container or label:

“Administration under veterinary supervision.”

Support of liver function in case of chronic liver insufficiency

Low level of protein but of high quality and highly digestible carbohydrates

Equines

  • Protein and fibre source(s)

  • Highly digestible carbohydrates including their treatment if appropriate

  • Methionine

  • Choline

  • Contents of n-3 fatty acids (if added)

Initially up to 6 months

Guidance should be provided on the manner in which the feed should be fed including many small meals per day.

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Support of renal function in case of chronic renal insufficiency

Low level of protein but of high quality and low level of phosphorus

Equines

  • Protein source(s)

  • Calcium

  • Phosphorus

  • Potassium

  • Magnesium

  • Sodium

Initially up to 6 months

Indicate on the package, container or label:

“It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use.”

Indicate on the instructions for use:

“Water should be available at all times.”

(1)

If appropriate the manufacturer may also recommend use for temporary renal insufficiency.

(2)

If the feeding stuff is recommended for temporary renal insufficiency the recommended period for use shall be two to four weeks.

(3)

In the case of feeding stuffs for cats, “feline lower urinary tract disease” or “feline urological syndrome — F.U.S.” may complete the particular nutritional purpose.

(4)

In the case of feeding stuffs for cats, “feline lower urinary tract disease” or “feline urological syndrome — F.U.S.” may complete the particular nutritional purpose.

(5)

In the case of feeding stuffs for a particular intolerance reference to the specific intolerance can replace “feed material and nutrient.”

(6)

The manufacturer may complete the particular nutritional purpose with the reference “exocrine pancreatic insufficiency.”

(7)

In the case of feeding stuffs for cats, the manufacturer may complete the particular nutritional purpose with a reference to “Feline hepatic lipidosis.”

(8)

The term “ketosis” may be replaced by “acetonaemia”. The manufacturers may also recommend the use of ketosis recuperation.

(9)

In the case of feeding stuffs for dairy cows.

(10)

In the case of feeding stuffs for ewes.

(11)

In the case of feeding stuffs for dairy cows, “maximum two months from the start of lactation.”

(12)

Indicate the category of ruminants concerned.

(13)

In the case of feeding stuffs specially prepared to meet the specific conditions of very old animals (easily digestible feed materials) a reference to “old animals” shall complete the indication of the species or category of animal.

CHAPTER B

1

Where there is more than one group of nutritional characteristics indicated in column 2 of Chapter A, denoted by “and/or”, for the same nutritional purpose, the feeding stuff may have either or both groups in order to fulfil the nutritional purpose specified in column 1.

2

Where a group of additives is mentioned in column 2 or column 4 of Chapter A, the additive(s) used must be authorised as corresponding to the specified essential characteristic.

3

Where the source(s) of feed materials or of analytical constituents is/are required in column 4 of Chapter A the manufacturer must make a specific declaration (i.e. specific name of the feed material(s), animal species or part of the animal) allowing the evaluation of conformity of the feeding stuff with the corresponding essential nutritional characteristics.

4

Where the declaration of a substance, also authorised as an additive, is required by column 4 of Chapter A and is accompanied by the expression “total”, the declared content must refer to, as appropriate, the quantity naturally present where none is added or the total quantity of the substance naturally present and the amount added as an additive.

5

The declarations specified in column 4 of Chapter A which include the words “if added” are required where the feed material or the additive has been incorporated or its content increased specifically to enable the achievement of the particular nutritional purpose.

6

The declarations to be given in accordance with column 4 of Chapter A concerning analytical constituents and additives must be expressed in quantitative terms.

7

The recommended period of use indicated in column 5 of Chapter A indicates a range within which the nutritional purpose should normally be achieved. Manufacturers may refer to more precise periods of use, within the permitted range.

8

Where a feeding stuff is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in Chapter A.

9

In the case of a complementary feeding stuff intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use.

SCHEDULE 8CATEGORIES OF FEED MATERIALS FOR USE IN RELATION TO COMPOUND FEEDING STUFFS FOR PET ANIMALS

Regulation 8 and Schedule 3 Part I, paragraph 18

Description of the Category

Definition

1.

Meat and animal derivatives

All the fleshy parts of slaughtered warm-blooded land animals fresh or preserved by appropriate treatment, and all products and derivatives of the processing of the carcase or parts of the carcase of such animals

2.

Milk and milk derivatives

All milk products, fresh or preserved by appropriate treatment and derivatives from the processing thereof

3.

Eggs and egg derivatives

All egg products fresh or preserved by appropriate treatment, and derivatives from the processing thereof

4.

Oils and fats

All animal and vegetable oils and fats

5.

Yeasts

All yeasts, the cells of which have been killed and dried

6.

Fish and fish derivatives

Fish or parts of fish, fresh or preserved by appropriate treatment, and derivatives from the processing thereof

7.

Cereals

All types of cereal, regardless of their presentation, or products made from the starchy endosperm

8.

Vegetables

All types of vegetables and legumes, fresh or preserved by appropriate treatment

9.

Derivatives of vegetable origin

Derivatives resulting from the treatment of vegetable products in particular cereals, vegetables, legumes and oil seeds

10.

Vegetable protein extracts

All products of vegetable origin in which the proteins have been concentrated by an adequate process to contain at least 50% protein, as related to the dry matter, and which may be restructured or textured

11.

Minerals

All inorganic substances suitable for animal feed

12.

Various sugars

All types of sugar

13.

Fruit

All types of fruit, fresh or preserved by appropriate treatment

14.

Nuts

All kernels from shells

15.

Seeds

All types of seeds as such or roughly crushed

16.

Algae

Algae, fresh or preserved by appropriate treatment

17.

Molluscs and crustaceans

All types of molluscs, crustaceans, shellfish, fresh or preserved by appropriate treatment, and their processing derivatives

18.

Insects

All types of insects in any stage of development

19.

Bakery products

All bread, cakes, biscuits and pasta products

SCHEDULE 9AMENDING STATUTORY RULES REVOKED

Regulation 7

  • The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200140, in so far as they amend the 2001 Regulations.

  • The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200241, in so far as they amend the 2001 Regulations.

  • The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200342, in so far as they amend the 2001 Regulations.

  • The Feeding Stuffs (Amendment No. 2) Regulations (Northern Ireland) 200343, with the exception of regulations 5 and 8(c), in so far as they amend the 2001 Regulations.

  • The Feeding Stuffs (Amendment No. 3) Regulations (Northern Ireland) 200344, in so far as they amend the 2001 Regulations.

  • The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200445 in so far as they amend the 2001 Regulations.

  • The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) Regulations (Northern Ireland) 200446 in so far as they amend the 2001 Regulations.

(This note is not part of the Regulations)

1

These Regulations—

a

largely revoke and replace the Feeding Stuffs Regulations (Northern Ireland) 2001 as amended, (“the 2001 Regulations”);

b

introduce new provisions to enforce and administer Regulation (EC) No. 1831/2003 on additives for use in animal nutrition (“the Additives Regulation”); and

c

implement Commission Directive 2004/116/EC amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii.

They provide for the implementation or as the case may be the continuing implementation of the EC Directives and Decision listed at paragraph 11 below.

2

The Regulations apply to farmed creatures and pet animals and in regulation 14 also to animals living freely in the wild.

3

The Regulations preserve the modifications made to the Agriculture Act 1970 (“the Act”) by regulations 18 and 19 of the 2001 Regulations, with the minor drafting amendment that the definition of “pet animal” is made explicit rather than by reference to EC legislation (regulations 3 and 4).

4

They continue to prescribe the material that is “prescribed material” for the purposes of sections 68(1) and 69(1) of the Act as any material useable as a feeding stuff (regulation 5). Under those sections, sellers of prescribed materials are required to give to purchasers “statutory statements” covering the composition of the material and information on storage, handling and use. Material held for sale must be marked with such information.

5

They revoke with certain exceptions the provisions of the 2001 Regulations, which were last amended by S.R. 2004 No. 443, and re-enact the majority of those provisions.

6

Part 2 of these Regulations deals with the presentation and composition of feeding stuffs. The content of the statutory statement and other declarations are prescribed by regulation 8 and Schedule 3 and their form by regulation 9. (The labelling of additives and premixtures not mixed with feeding stuffs is now regulated directly by Regulation (EC) No. 1831/2003).

7

The Regulations with minor drafting amendments re-enact provisions of the 2001 Regulations so as to—

a

prescribe the limits of inaccuracy permitted in the declaration of ingredients (regulation 10 and Schedule 4);

b

attribute meanings to the names of certain materials for the purposes of section 70 of the Act (which creates an implicit warranty that material described by a name to which a meaning has been assigned under that section accords with the meaning (regulation 11);

c

prescribe the way in which compound feeds may be sealed and packaged (regulation 12);

d

regulate the putting into circulation and use of feed materials (regulation 13 and Schedule 2);

e

restrict the putting into circulation or use of feeding stuffs containing specified undesirable substances (regulation 14 and Schedule 5);

f

prohibit the putting into circulation or use of any feeding stuff containing certain prescribed substances (regulation 15);

g

control the marketing and use of certain protein sources and non-protein nitrogenous compounds in feeds (regulation 16 and Schedule 6);

h

regulate the iron content of milk replacer feeds (regulation 17);

i

prohibit the putting into circulation of compound feeding stuffs in which the amount of ash insoluble in hydrochloric acid exceeds specified levels (regulation 18); and

j

control the marketing of feeds intended for particular nutritional purposes (dietetics) (regulation 19 and Schedule 7).

8

These Regulations provide for the implementation of Commission Directive 2004/116/EC by including Candida guilliermondii among the substances authorised and regulated by regulation 16 and Schedule 6, and in regulation 20 provide for the execution and enforcement of the Additives Regulation by—

a

making it an offence not to comply with certain specified requirements in the Additives Regulation (paragraphs (1) and (2));

b

giving effect to the transitional arrangements in the Additives Regulation relating to products already on the market that were authorised under superseded EC legislation (paragraph (3)); and

c

giving effect to the transitional arrangements in the Additives Regulation relating to applications for authorisation under the superseded EC legislation that were still being processed at the date of application of the Additives Regulation.

9

Part 3 of these Regulations deals with enforcement. It re-enacts provisions in the 2001 Regulations that—

a

provide for the enforcement of requirements where the legal basis is the European Communities Act 1972 by linking such requirements to enforcement provisions in the Act (regulation 21).

b

modify section 74A of the Act and provide for offences and penalties in relation to matters covered by the Regulations that would not otherwise come within that section (regulation 22); and

c

amend the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999 in the same way as that expressed as a modification in the 2001 Regulations, and also make consequential amendments to the 1999 Regulations mentioned above (regulation 23).

10

The EC Directives implemented by these Regulations are—

a

Council Directive 70/524/EEC (O.J. No. L270, 14.12.70, p. 1) concerning additives in feedingstuffs, (to the extent that its measures are preserved by Regulation (EC) No. 1831/2003), as last amended by Council Regulation (EC) No. 1756/2002 (O.J. No. L265, 3.10.2002, p. 1);

b

Council Directive 79/373/EEC (O.J. No. L86, 6.4.79, p. 30) on the circulation of compound feedingstuffs, as last amended by Council Regulation (EC) No. 807/2003 (O.J. No. L122, 16.5.2003, p. 36);

c

Council Directive 82/471/EEC (O.J. No. L213, 21.7.82, p. 8) concerning certain products used in animal nutrition, as last amended by Commission Directive 2004/116/EC (O.J. No. L379, 24.12.2004, p. 81);

d

Council Directive 93/74/EEC (O.J. No. L237, 22.9.93, p. 23) on feedingstuffs intended for particular nutritional purposes, as last amended by Council Regulation (EC) No. 806/2003 (O.J. No. L122, 16.5.2003, p. 1);

e

Commission Directive 94/39/EC (O.J. No. L207, 10.8.94, p. 20) establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes;

f

Council Directive 96/25/EC (O.J. No. L125, 23.5.96, p. 35) on the circulation and use of feed materials, as last amended by Council Regulation (EC) No. 806/2003 (O.J. No. L122, 16.5.2003, p. 1);

g

Directive 2002/32/EC of the European Parliament and of the Council (O.J. No. L140, 30.5.2002, p. 10) on undesirable substances in animal feed, as last amended by Commission Directive 2003/100/EC (O.J. No. L285, 1.11.2003, p. 33); and

h

Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited (O.J. No. L67, 5.3.2004, p. 31).