The Feeding Stuffs (Scotland) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which extend to Scotland, revoke (regulation 26) and re–enact, or re–enact with amendments, provisions previously contained in the Feeding Stuffs Regulations 1995, implement the European Community Directives and Decision specified below, and provide for the enforcement of the European Community Regulations listed below.

2.  The Regulations apply to farmed animals and pet animals.

3.  For the purposes of sections 68(1) and 69(1) of the Agriculture Act 1970 (“the Act”) feeding stuffs, feed materials, additives and premixtures of additives are prescribed in regulation 3. Sellers of these are required to give to purchasers “statutory statements” covering their composition, and containing information or instructions as to their storage, handling and use, and to mark them with that information.

4.  The contents of statutory statements and other declarations are prescribed by regulation 4 and Schedules 4 and 5, and their form by regulation 5.

5.  Further provisions relevant to statutory statements are contained in regulations 6 and 8.

6.  Permitted limits of variation in mis–statements in statutory statements are prescribed (regulation 7 and Schedule 6).

7.  The Regulations also–

(a) provide for meanings to be attributed to names of certain material, for the purposes of section 70 of the Act (which creates an implied warranty that material described by a name to which a meaning has been assigned pursuant to that section accords with the meaning) (regulation 8);

(b) prescribe the manner in which compound feeding stuffs, additives and premixtures are to be packaged and sealed (regulation 9);

(c) regulate the putting into circulation of feed materials (regulation 10 and Schedule 2);

(d) lay down the applicable procedures involving the Food Standards Agency where an applicant for Community approval of an additive, or of a new additive use, resident or having his place of business in Scotland wishes the United Kingdom to act as “rapporteur” in connection with the application (regulation 11);

(e) require confidentiality to be maintained in relation to commercial information relating to additives obtained by the Food Standards Agency in the course of processing such applications and apply section 83 of the Act to prohibit disclosures (regulation 12);

(f) regulate the putting into circulation and use of feeding stuffs containing additives and additives to be incorporated in feeding stuffs, and their incorporation therein (regulation 13 and Schedule 3);

(g) restrict the marketing and use of feeding stuffs containing certain undesirable products and the putting into circulation and mixing of ingredients containing such substances (regulation 14 and Schedule 7);

(h) prohibit the sale and use of compound feeding stuffs containing certain materials (regulation 15);

(i) restrict the marketing and use of certain protein sources and non–protein nitrogenous compounds in feeding stuffs (regulation 16 and Schedule 8);

(j) make provision regulating the iron content of milk replacer feeds (regulation 17);

(k) prohibit the marketing of compound feeding stuffs in which the amount of ash insoluble in hydrochloric acid exceeds specified levels (regulation 18);

(l) control the marketing of feeding stuffs intended for particular nutritional purposes (dietetic feeds) (regulation 19);

(m) modify section 66(1) of the Act to provide new definitions (with consequential provisions) of “feeding stuff” and “premixture”, section 66(2) (which prescribes the circumstances in which material is to be treated for the purposes of the Act as imported or sold for use as a feeding stuff or used as a feeding stuff) and sections 73, 73A and 85 are also modified (regulation 20);

(n) modify section 69 of the Act in its application to imported feeding stuffs (regulation 21);

(o) provide for exemptions from certain requirements of the Regulations (regulations 22 and 23);

(p) provide for the enforcement of provisions the legal basis of which is the European Communities Act 1972. Provisions relating to offences and penalties in relation to contraventions of these Regulations are found in Part IV of the Agriculture Act 1970 (regulation 24);

(q) modify section 74A of the Act to provide for offences and penalties in relation to matters covered by these Regulations which would not otherwise attract that section (regulation 25);

(r) make consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 27 to 29); and

(s) in implementation of Directive 1999/79/EC, amend the Feeding Stuffs (Sampling and Analysis) Regulations 1999 by substituting a revised method of analysis for starch (polarimetric method) (also regulation 27).

8.  The Regulations make minor and drafting changes to the superseded Regulations. The following are the principal changes to those Regulations–

(a) the concept of animals “prescribed” for the purposes of the definition of “feeding stuff” in section 66(1) of the Act is removed and replaced in that definition by the concept of “farmed creatures” (regulation 20);

(b) the provision in the superseded Regulations whereby statutory statements relating to bulk deliveries of straight feeding stuffs could be given later than at the point of sale is removed;

(c) in implementation of Directives 96/24/EC, 96/25/EC and 98/67/EC, the concept of “straight feeding stuffs” is removed, as are all the controls previously applying to such feeding stuffs. The replacement concept is that of “feed materials” and the Regulations contain detailed new rules relating to the use, labelling and putting into circulation of such materials, both alone and when incorporated in compound feeding stuffs. Schedule 2 contains an exhaustive list of feed materials (see also regulation 10 and paragraphs 7 to 13 Part I of Schedule 4);

(d) in implementation of Directive 96/51/EC, there are set out the applicable procedures where an applicant for approval of a new additive, or a new additive use, wishes the United Kingdom to act as “rapporteur” State in connection with the application. In addition, rules are laid down to ensure the confidentiality of commercial information obtained by the competent authority in processing such applications (regulations 11 and 12);

(e) the provisions in the superseded Regulations under which certain enzymes and micro–organisms covered by Directive 93/113/EEC could be marketed lawfully in Great Britain are removed;

(f) new provisions are included which regulate the mixing of non– zootechnical additives, the mixing of micro–organisms with zootechnical additives and the incorporation of additives in feed materials. The requirements as to putting into circulation of additives are disapplied in the case of those intended for export to a third country (regulation 13);

(g) certain requirements as to marketing of protein sources in feeding stuffs are disapplied where export to a third country is intended (regulation 16);

(h) new labelling requirements relating to micro–organisms are introduced, including micro–organisms in feeding stuffs and premixtures (Schedules 4 and 5);

(i) provisions are incorporated reflecting the approval in a number of European Community Regulations of various new additives, and new or changed additive uses. In some cases these provisions replace provisions previously contained in the Table to Schedule 4 of the superseded Regulations (regulation 13 and Part IX of Schedule 3); and

(j) provisions which refer to the Food Standards Agency, when functions have been transferred.

9.  The Regulations implement or supplement the following European Community legislation–

(a) Council Directive 70/524/EEC (O.J. No. L 270, 14.12.70, p.1 (O.J./SE Vol. 18, p.4) concerning additives in feeding stuffs, as amended or supplemented by–

• Commission Directive 91/248/EEC (O.J. No. L 124, 18.5.91, p.1).

• Commission Directive 91/249/EEC (O.J. No. L 124, 18.5.91, p.43).

• Commission Directive 91/336/EEC (O.J. No. L 185, 11.7.91, p.31).

• Commission Directive 91/508/EEC (O.J. No. L 271, 27.9.91, p.67).

• Commission Directive 92/64/EEC (O.J. No. L 221, 6.8.92, p.51).

• Commission Directive 92/113/EEC (O.J. No. L 16, 25.1.93, p.2).

• Commission Directive 93/27/EEC (O.J. No. L 179, 22.7.93, p.5).

• Commission Directive 93/55/EEC (O.J. No. L 206, 18.8.93, p.11).

• Council Directive 93/114/EC (O.J. No. L 334, 31.12.93, p.24).

• Commission Directive 94/17/EC (O.J. No. L 105, 26.4.94, p.19).

• Commission Directive 94/41/EC (O.J. No. L 209, 12.8.94, p.18).

• Council Directive 95/69/EC (O.J. No. L 332, 30.12.95, p.15).

• Commission Directive 96/7/EC (O.J. No. L 51, 1.3.96 p.45).

• Council Directive 96/25/EC (O.J. No. L 125, 23.5.96, p.35).

• Council Directive 96/51/EC (O.J. No. L 235, 17.9.96, p.39).

• Commission Directive 97/72/EC (O.J. No. L 351, 23.12.97, p.55).

• Commission Regulation EC No. 2316/98 (O.J. No. L 289, 28.10.98, p.4).

• Commission Regulation EC No. 2785/98 (O.J. No. L 347, 23.12.98, p.21

• Council Directive 1999/20/EC (O.J. No. L 80, 25.3.1999, p.20).

• Commission Regulation EC No. 1594/1999 (O.J. No. L 188, 21.7.99, p.35).

• Commission Regulation EC No. 2439/1999 (O.J. No. L 297, 18.11.99, p.8.).

• Commission Regulation (EC No. 739/2000 (O.J. No. L 87, 8.4.00, p.14).

• Commission Regulation (EC) No. 1353/2000 (O.J. No. L 155, 28.6.00, p.15).

• Commission Regulation (EC) No. 1887/2000 (O.J. No. L 227, 6.9.00, p.13).

• Commission Regulation (EC) No. 2437/2000 (O.J. No. L 280, 3.11.00, p.28).

• The exceptions are provisions relating to non-feed uses in Article 9k.1, and provisions relating to additives classified as antibiotics, coccidiostates and other medicinal substances and growth promoters (in respect of which implementation is covered by the Feedingstuffs (Zootechnical Products) Regulations 1999 (S.I. 1999/1871).

(b) Council Directive 79/373/EEC (O.J. No. L 86, 6.4.79, p.30) on the marketing of compound feeding stuffs, as amended or supplemented by–

• Commission Directive 80/509/EEC (O.J. No. L 126, 21.5.80, p.9).

• Commission Directive 80/511/EEC (O.J. No. L 126, 21.5.80, p.14).

• Commission Directive 80/695/EEC (O.J. No. L 188, 22.7.80, p.23).

• Commission Directive 82/475/EEC (O.J. No. L 213, 21.7.82, p.27).

• Commission Directive 82/957/EEC (O.J. No. L 386, 31.12.82, p.42).

• Council Regulation 85/3768/EEC (O.J. No. L 362, 31.12.85, p.8).

• Commission Directive 86/174/EEC (O.J. No. L 130, 16.5.86, p.53).

• Council Directive 86/354/EEC (O.J. No. L 212, 2.8.86, p.27).

• Commission Directive 87/235/EEC (O.J. No. L 102, 14.4.87, p.34).

• Council Directive 90/44/EEC (O.J. No. L 27, 31.1.90, p.35).

• Commission Directive 91/334/EEC (O.J. No. L 184, 10.7.91, p.27).

• Commission Directive 91/357/EEC (O.J. No. L 193, 17.7.91, p.34).

• Commission Decision 91/516/EEC (O.J. No. L 281, 9.10.91, p.23).

• Commission Directive 92/87/EEC (O.J. No. L 319, 4.11.92, p.19).

• Commission Decision 92/508/EEC (O.J. No. L 312, 29.10.92, p.36).

• Council Directive 93/74/EEC (O.J. No. L 237, 22.9.93, p.23).

• Commission Directive 94/39/EC (O.J. No. L 207, 10.8.94, p.20).

• Commission Directive 95/9/EC (O.J. No. L 91, 22.4.95, p.35).

• Commission Directive 95/10/EC (O.J. No. L 91, 22.4.95, p.39).

• Council Directive 95/69/EC (O.J. No. L 332, 30.12.95, p.15).

• Commission Decision 95/274/EC (O.J. No. L 167, 18.7.95, p.24).

• Council Directive 96/24/EC (O.J. No. L 125, 23.5.96, p.33).

• Council Directive 96/25/EC (O.J. No. L 125, 23.5.96, p.35).

• Commission Directive 97/47/EC (O.J. No. L 211, 5.8.97, p.45).

• Commission Directive 98/67/EC (O.J. No. L 261, 24.9.98, p.10).

• Commission Directive 98/87/EC (O.J. No. L 318, 27.11.98, p.43).

• Commission Directive 1999/78/EC (O.J. No. L 209, 7.8.99, p.22).

(c) Council Directive 82/471/EEC (O.J. No. L 213, 21.7.82, p.8) concerning certain products used in animal nutrition, as amended by–

• Commission Directive 85/509/EEC (O.J. No. L 314, 23.11.85, p.25).

• Council Regulation 85/3768/EEC (O.J. No. L 362, 31.12.85, p.8).

• Commission Directive 86/530/EEC (O.J. No. L 312, 7.11.86, p.39).

• Commission Directive 88/485/EEC (O.J. No. L 239, 30.8.88, p.36).

• Commission Directive 89/520/EEC (O.J. No. L 270, 19.9.89, p.13).

• Commission Directive 90/439/EEC (O.J. No. L 227, 21.8.90, p.33).

• Commission Directive 93/26/EEC (O.J. No. L 179, 22.7.93, p.2).

• Commission Directive 93/56/EEC (O.J. No. L 206, 18.8.93, p.13).

• Commission Directive 95/33/EC (O.J. No. L 167, 18.7.95, p.17).

• Council Directive 95/69/EC (O.J. No. L 332, 30.12.95 p.15).

• Council Directive 96/25/EC (O.J. No. L 125, 23.5.96, p.35).

• Commission Directive 98/67/EC (O.J. No. L 261, 24.9.98, p.10).

• Council Directive 1999/20/EC (O.J. No. L 80, 25.3.99, p.20).

(d) Council Directive 96/25/EC (O.J. No. L 125, 23.5.96, p.35) on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and repealing Directive 77/101/EEC, as amended by Commission Directive 98/67/EC (O.J. No. L 261, 24.9.98, p.10), Commission Directive 99/61/EC (O.J. No. L 162, 26.9.99, p.67, and Directive 2000/16 of the European Parliament and Council (O.J. No. L 105, 3.5.00, p.36).

(e) Council Directive 1999/29/EC (O.J. No. L 115, 4.5.99, p.32) on undesirable substances and products in animal nutrition.

(f) Commission Directive 1999/79/EC (O.J. L 209, 7.8.99, p.23) amending the third Commission Directive 72/199/EEC of 27th April 1972 establishing Community methods of analysis for the official control of feeding stuffs.

10.  A Regulatory Impact Assessment has been prepared in respect of these Regulations and a copy placed in the Scottish Parliament Information Centre. Further copies can be obtained on request from the Food Standards Agency Scotland, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.