2010 No. 355
The Animal Feed Regulations (Northern Ireland) 2010
Made
Coming into operation
The Department of Health, Social Services and Public Safety1 makes the following Regulations in exercise of the powers conferred on it by sections 66(1), 68(1), 74A(1), (2) and (4) 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 designated for the purposes of section 2(2) of the European Communities Act 19724 in relation to the common agricultural policy of the European Community5, measures in the veterinary and phytosanitary fields for the protection of public health6 and measures relating to feed produced for or fed to food-producing animals7, as read with paragraph 1A of Schedule 2 to that Act.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for references to the Annexes to the EU instruments mentioned in regulation 2(3) to be construed as references to those Annexes as they may be amended from time to time.
There has been open and transparent public consultation during the preparation of these Regulations in accordance with the requirements 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 safety8 or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.
PART 1Introductory and general
Citation and commencement1
These Regulations may be cited as the Animal Feed Regulations (Northern Ireland) 2010 and come into operation on 23rd November 2010.
Interpretation2
1
In these Regulations —
“the Act” means the Agriculture Act 1970;
“Directive 82/475” means Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals9;
“Directive 2002/32” means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed10;
“Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition11;
“Directive 2008/38” means Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes12;
“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC13;
“Regulation 242/2010” means Commission Regulation (EU) No. 242/2010 creating the Catalogue of feed materials14.
2
Any expression used in these Regulations and in Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the Regulation concerned.
3
Any reference to an Annex to Directive 82/475, Directive 2002/32, Directive 2008/38, Regulation 767/2009 or Regulation 242/2010 is a reference to that Annex as it may be amended from time to time.
4
These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation15.
5
The Interpretation Act (Northern Ireland) 195416 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
PART 2Marketing and use of feed
Interpretation of this Part and Schedule 13
In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.
Enforcement of requirements of Regulation 767/20094
1
Subject to the transitional provisions contained in Article 32, any person who contravenes or fails to comply with any provision of Regulation 767/2009 specified in Schedule 1 is guilty of an offence.
2
Where, pursuant to Article 17(2)(c), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in the Annex to Directive 82/475 may be indicated.
Competent authorities for the purposes of Regulation 767/20095
1
The Department of Agriculture and Rural Development is the competent authority for the purposes of —
a
Articles 5(2), 5(3), 13(1)(a) and 17(3) and Annex VII, Chapter 1, paragraph 8; and
b
Article 13(1)(b) as the competent authority that may request scientific substantiation of a claim and to whose attention purchasers have the right to bring doubts regarding the truthfulness of a claim.
2
The Food Standards Agency is the competent authority for the purposes of —
a
Article 13(1)(b) as the competent authority that may submit to the Commission doubts concerning the scientific substantiation of a claim; and
b
Article 26(1)(b).
PART 3Feed additives
Interpretation of this Part6
In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1831/2003.
Enforcement of requirements of Regulation 1831/20037
1
Any person who contravenes or fails to comply with any provision specified in paragraph (2) is guilty of an offence.
2
The provisions are —
a
Article 3, paragraphs (1) to (4), (placing on the market, processing and use of feed additives), as read with Article 10 (status of existing products);
b
Article 12 (post authorisation monitoring); and
c
Article 16, paragraphs (1) to (5), (labelling and packaging of additives and premixtures).
PART 4Undesirable substances in feed
Interpretation of this Part8
In this Part —
a
any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Directive 2002/32; and
b
“undesirable substance” means any substance or product, not being a pathogenic agent, which is present in or on a feed and —
i
constitutes a potential danger to human or animal health or to the environment, or
ii
could adversely affect livestock production.
Control of animal feeds containing undesirable substances9
1
Any person who —
a
places on the market any feed that is specified in column 2 of Annex I; or
b
uses any such feed,
is guilty of an offence if it contains any undesirable substance listed in column 1 of that Annex in excess of the relevant maximum content specified in column 3.
2
Any person who places on the market or uses any complementary feed is guilty of an offence if —
a
having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of Annex I in excess of the maximum content specified for it in column 3 in relation to complete feed; and
b
there is no provision relating to any complementary feed in the corresponding entry in column 2 of that Annex.
3
Any person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of Annex I and which contains any undesirable substance listed in column 1 of that Annex in excess of the maximum content specified for it in column 3 is guilty of an offence.
4
Any person who places on the market or uses any feed which is not sound and genuine and of merchantable quality is guilty of an offence.
5
For the purposes of paragraph (4) a feed listed in column 2 of Annex I is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Annex in excess of the maximum content specified in relation to it in column 3.
6
Any person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) shall, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.
7
The feeds are —
a
palm kernel expeller;
b
feeds obtained from the processing of fish and other marine animals;
c
seaweed meal and feed materials derived from seaweed; and
d
complete feeds for fish or for fur-producing animals.
8
Any person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) is guilty of an offence.
PART 5Feeds for particular nutritional purposes
Interpretation of this Part10
In this Part, “the Annex” means Part B of Annex I to Directive 2008/38, as read with paragraphs 1 and 7 of Part A of that Annex.
Control of feed intended for particular nutritional purposes11
1
Any person who places on the market a feed intended for a particular nutritional purpose is guilty of an offence if the relevant requirements of paragraphs (2) to (9) are not met.
2
In relation to any particular nutritional purpose specified in column 1 of the Annex —
a
the feed must be intended for the animals specified opposite that particular nutritional purpose in column 3 of the Annex; and
b
it must be recommended that the feed be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of the Annex.
3
Where a group of additives is specified in column 2 or 4 of the Annex, the additive(s) used must be authorised as corresponding to the specified essential characteristic.
4
Where the source of ingredients or analytical constituents is required in column 4 of the Annex, the manufacturer must make a precise declaration (for example the specific name of the ingredient, the animal species or the part of the animal) allowing the evaluation of conformity of the feed with the corresponding essential nutritional characteristics.
5
Where the declaration of a substance that is also authorised as an additive is required in column 4 of the Annex and is accompanied by the expression “total”, the declared content must refer to the quantity naturally present where none is added or, as appropriate, the total quantity of the substance naturally present and the amount added as an additive.
6
The declarations specified in column 4 of the Annex with the reference “if added” must be provided where the ingredient or the additive has been incorporated or increased specifically to enable the achievement of the particular nutritional purpose.
7
The declarations to be given in accordance with column 4 of the Annex concerning analytical constituents and additives must be quantitative.
8
Where a feed is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in the Annex.
9
In the case of a complementary feed intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use on the label.
PART 6Administration and enforcement
Penalties for offences under these Regulations12
1
Any person found guilty of an offence under regulation 4(1), 7(1), or 9(1), (2), (3) or (4) or 11(1) is liable —
a
on summary conviction, to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both; or
b
on conviction on indictment, to a term of imprisonment not exceeding three months or to a fine, or both.
2
Any person found guilty of an offence under regulation 9(8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Duties to enforce13
It is the duty of the Department of Agriculture and Rural Development to execute and enforce the provisions of these Regulations.
PART 7Amendments and modifications of the Agriculture Act 1970
Amendments and modifications of the Agriculture Act 197014
1
The Act is amended or modified, as the case may be, in accordance with paragraphs (2) to (9).
2
In section 66 (interpretation of Part IV) —
a
in subsection (1), after the definition of Regulation (EC) No 178/2002 insert the following definitions —
“Regulation (EC) No 1831/2003” means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;”
“Regulation (EC) No 767/2009” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;
b
for subsection (2) substitute the following —
2
For the purposes of this Part of this Act material shall be treated as sold for use as a fertiliser or feeding stuff whether it is sold to be so used by itself or as an ingredient in something which is to be so used.
3
In section 68 (duty of seller to give statutory statement) —
a
after subsection (5) insert the following subsection —
5A
Nothing in subsections (1) to (5) applies to anyone to whom the requirements of Article 16 of Regulation (EC) No 1831/2003 (labelling and packaging of feed additives and premixtures) or of Chapter 4 of Regulation (EC) No 767/2009 (labelling, presentation and packaging) apply.
b
after subsection (6) add the following subsection —
7
Failure to comply with the labelling requirements of Article 16 of Regulation (EC) No 1831/2003 or of Chapter 4 of Regulation (EC) No 767/2009 shall not invalidate a contract of sale, but such labelling shall, regardless of any contract or notice to the contrary, have effect as a warranty by the person who gives it that the particulars contained in it are correct.
4
In section 69 (marking of material prepared for sale), in subsection (1) omit the words “or feeding stuff”.
5
In section 70 (use of names or expressions with prescribed meanings) —
a
subsection (1)(a) in so far as it applies in relation to feeding stuffs shall apply as if the expression “under Regulation (EC) No 767/2009” were substituted for the expression “by regulations made for the purposes of this section”; and
b
after subsection (5) add the following subsection —
6
Nothing in subsections (2) to (4) of this section shall apply to anyone to whom the labelling requirements of Regulation (EC) No 767/2009 apply.
6
In section 71 (particulars to be given of certain attributes if claimed to be present) —
a
subsection (4) in so far as it applies in relation to feeding stuffs shall apply as if —
i
the expression “the requirements of Article 13 of Regulation (EC) No 767/2009” were substituted for the expression “subsection (1) of this section”; and
ii
“that Article” were substituted for “that subsection”;
b
after subsection (5) add the following subsection —
6
Nothing in subsections (1) to (3) of this section shall apply to anyone to whom Article 13 (claims) of Regulation (EC) No 767/2009 applies.
7
Sections 73 and 73A shall cease to have effect.
8
In section 74 (limits of variation) after subsection (2) add the following subsection —
3
Nothing in subsection (2) shall apply to anyone to whom Article 11.5 and Annex IV (permitted tolerances) of Regulation (EC) No 767/2009 applies.
9
In section 74A, subsection (3) shall not apply to regulations concerning feed.
PART 8Amendments to Regulations
Amendment of the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 200515
1
The Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 200517 are amended in accordance with paragraphs (2) to (6).
2
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “agricultural analyst” insert the following definition —
“the Animal Feed Regulations” means the Animal Feed Regulations (Northern Ireland) 2010;
b
after the definition of “Regulation 183/2005” insert the following definition —
“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;
3
In paragraph (2)(b) of regulation 15 (offences, penalties and enforcement) omit the expression “food-producing”.
4
For paragraph (13) of regulation 24 (powers of entry for authorised officers) substitute the following paragraph —
13
In this regulation —
a
“compound feeding stuff” bears the same meaning as “compound feed” as defined in Article 3(1)(h) of Regulation 767/2009; and
b
“feeding stuff which is intended for a particular nutritional purpose” bears the same meaning as “feed intended for particular nutritional purposes” as defined in Article 3(1)(o) of that Regulation.
5
In each of regulations 34(1) and (2) and 35(1) and (2) after the words “these Regulations” insert “or the Animal Feed Regulations”.
6
In Schedule 1 (specified feed law) —
a
for the expression “The Feeding Stuffs Regulations (Northern Ireland) 2005” substitute “The Animal Feed Regulations (Northern Ireland) 2010”; and
b
add at the end “Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed”.
Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 200916
1
The Official Feed and Food Controls Regulations (Northern Ireland) 200918 are amended in accordance with paragraph (2).
2
In paragraph (f) of Schedule 2 (definition of relevant feed law), for the expression “the Feeding Stuffs Regulations (Northern Ireland) 2005” substitute “the Animal Feed Regulations (Northern Ireland) 2010”.
Revocations17
The Regulations or parts of them listed in Schedule 2 are revoked.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 26th October 2010.
SCHEDULE 1Specified Provisions of Regulation 767/2009
Specified provision | Subject matter |
---|---|
Article 4, as read with Annex I and with the Annex to Regulation 242/2010 | General safety and other requirements to be met when feed is placed on the market or used |
Article 5(1) | Extension of requirements in relation to feed for food-producing animals in other legislation to apply to feed for non food-producing animals |
Article 5(2) | Obligation on person responsible for labelling to make information available to competent authority |
Article 6(1), as read with Annex III | Prohibition or restriction on the marketing or use of certain materials for animal nutritional purposes |
Article 8 | Controls on the levels of additives in feeds |
Article 9 | Controls on the marketing of feeds for particular nutritional purposes |
Article 11, as read with Annexes II & IV and with the Annex to Regulation 242/2010 | Rules and principles governing the labelling and presentation of feed |
Article 12 | Designation of the person responsible for labelling and the obligations and responsibilities of that person |
Article 13(1) | General conditions on making a claim about the characteristics or functions of a feed on the labelling or presentation of it |
Article 13(2)&(3) | Special conditions applying to claims concerning optimisation of the nutrition and support or protection of the physiological conditions |
Article 14(1)&(2) | Requirements for the presentation of the mandatory labelling particulars |
Article 15, as read with Annex VI and VII and Article 21 | General mandatory labelling requirements for feed materials and compound feeds |
Article 16, as read with Annex II and V and Article 21 and with the Annex to Regulation 242/2010 | Specific labelling requirements for feed materials |
Article 17(1)&(2) as read with Annex II, VI & VII and Article 21 | Specific labelling requirements for compound feeds |
Article 18 | Additional labelling requirements for feed for particular nutritional purposes (dietetic feeds) |
Article 19 | Additional labelling requirements for pet food |
Article 20(1) as read with Annex VIII | Additional requirements for labelling of non-compliant feed, such as that containing contaminated materials |
Article 23 | Requirements relating to the packaging and sealing of feed materials and compound feed for placing on the market |
Article 24(5) | Requirement that if the name of a feed material listed in the Community Catalogue of feed materials is used, all relevant provisions of the Catalogue must be complied with. |
Article 24(6) | Obligation on a person who first places on the market a feed material not listed in the Community Catalogue to notify its use |
Article 25(4) | Requirement that if use of the Community Codes of good labelling practice is indicated on labelling, all relevant provisions of the codes must be complied with |
SCHEDULE 2Revocations
1
The Feeding Stuffs Regulations (Northern Ireland) 200519
2
The Feeding Stuffs and the Feeding Stuffs (Sampling and Analysis) (Amendment) Regulations (Northern Ireland) 200620
3
The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200621
4
Regulation 2 of and the Schedules to the Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 200622
5
The Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 200723
6
The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200824
7
The Feeding Stuffs (Amendment) Regulations (Northern Ireland) 200925
8
The Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 200926
9
Regulations 10, 13, 14 and 24 of, and Schedule 2 to, the Feed (Sampling and Analysis and Specified Undesirable Substances) Regulations (Northern Ireland) 201027
(This note is not part of the Regulations)