The Feeding Stuffs (Scotland) Amendment (No. 3) Regulations 2003

Made30th September 2003

Laid before the Scottish Parliament2nd October 2003

Coming into force1st December 2003

The Scottish Ministers, in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 19701 after consultation as required by section 84(1) of that Act with such persons or organisations appearing to represent the interests concerned, and in exercise of the powers conferred by section 2(2) of the European Communities Act 19722 (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 above) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1

1

These Regulations may be cited as the Feeding Stuffs (Scotland) Amendment (No. 3) Regulations 2003 and shall come into force on 1st December 2003.

2

These Regulations extend to Scotland only.

Amendment of the Feeding Stuffs (Scotland) Regulations 20002

Schedule 3 (permitted additives and provisions relating to their use) to the Feeding Stuffs (Scotland) Regulations 20003 shall be amended as follows:–

a

for the provisions specified in Part II of the Table (permitted colourants), there shall be substituted the provisions set out in Schedule 1 to these Regulations; and

b

for the provisions specified in Part IX of the Table (European Community Regulations by which additives are controlled), there shall be substituted the provisions set out in Schedule 2 to these Regulations4.

TOM McCABESt Andrew’s House, Edinburgh30th September 2003

SCHEDULE 1PROVISIONS SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS (SCOTLAND) REGULATIONS 2000

Regulation 2(a)

PART IIPERMITTED COLOURANTS
Col. 1
Column 2
Column. 3
Column 4
Column 5
Column 6
EECNo.
Name or Description
Chemical formula, description.
Kind of animal permitted
Maximum content (mg/kg in complete feedingstuffs)
Conditions
1
Carotenoids and xanthophylls:
E160c
Capsanthin
C₄₀H₅₆O₃
}
}
–
E160e
Beta-apo-8'-Carotenal
C₃₀H₄₀O
}
}80
E160f
Ethyl ester of beta-apo-8'-carotenoic Acid
C₃₂H₄₄O₂
}Poultry
}(alone or with the other carotenoids and xanthophylls)
E161b
Lutein
C₄₀H₅₆O₂
}
}
E161c
Cryptoxanthin
C₄₀H₅₆O
}
}
E161g
Canthaxanthin
C₄₀H₅₂O₂
a
Poultry other than laying hens
25
The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
b
Laying hens
8
The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
c
Salmon, trout
25
Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff
d
Dogs, cats and ornamental fish
–
–
E161h
Zeaxanthin
C₄₀H₅₆O₂
Poultry
}
80
(alone or with other carotenoids and xanthophylls)
–
E161i
Citranaxanthin
C₃₃H₄₄O
Laying hens
}
E161j
Astaxanthin
C₄₀H₅₂O₄
a
Salmon, trout
100
Use only permitted from the age of 6 months onwards. The mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff
b
Ornamental fish
–
–
2
Other colourants
E102
Tartrazine
C₁₆H₉N₄ Na₃O₉S₂
}
E110
Sunset yellow FCF
C₁₆H₁₀N₂Na₂O₇S₂
}Ornamental fish
–
–
E124
Ponceau 4R
C₂₀H₁₁N₂Na₃O₁₀S₃
}
E127
Erythrosine
C₂₀H₆I₄Na₂O₅H₂O
}
E131
Patent Blue V
Calcium salt of the disulphonic acid of m-hydroxytetra ethyl diamino triphenylcarbinol anhydride
a
All species or categories of animals with the exception of dogs and cats
–
Permitted in animal feedingstuffs only in products processed from:
i
waste products of foodstuffs;
ii
denatured cereals or manioc flour; or
iii
other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
b
Dogs and cats
–
–
E132
Indigotine
C₁₆H₈N₂Na₂O₈S₂
Ornamental fish
–
–
E141
Chlorophyll copper complex
–
Ornamental fish
–
–
E142
Acid Brilliant Green BS, (Lissamine Green)
Sodium salt of 4,4'-bis (dimethylamino) diphenylmethylene-2 naphthol 3, 6 disulphonic acid
a
All species or categories of animals with the exception of dogs, cats and ornamental fish
–
Permitted in animal feedingstuffs only in products processed from:
i
waste products of foodstuffs;
ii
denatured cereals or manioc flour; or
iii
other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
b
Dogs, cats and ornamental fish
–
–
E153
Carbon black
C
}
E160B
Bixin
C₂₅H₃₀O₄
}Ornamental fish
–
–
E172
Iron oxide, red
Fe2O₃
}
3
All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 19905
–
a
All species or categories of animals with the exception of dogs and cats
Permitted in animal feedingstuffs only in products processed from:
i
waste products of foodstuffs; or
ii
other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
b
Dogs and cats
–
–
Canthaxanthin authorised for colouring foodstuffs by Community rules
a
All species or categories of animals other than poultry, salmon, trout, dogs and cats
–
Permitted in animal feedingstuffs only in products processed from:
i
waste products of foodstuffs; or
ii
other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
b
Dogs and cats
–
–
c
Poultry other than laying hens, salmon, trout
25
Permitted in animal feedingstuffs only in products processed from:
i
waste products of foodstuffs; or
ii
other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
d
Laying hens
8
Permitted in animal feedingstuffs only in products processed from:
i
waste products of foodstuffs; or
ii
other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

Col. 1	Column 2	Column. 3	Column 4	Column 5	Column 6
EECNo.	Name or Description	Chemical formula, description.	Kind of animal permitted	Maximum content (mg/kg in complete feedingstuffs)	Conditions
	1 Carotenoids and xanthophylls:
E160c	Capsanthin	C₄₀H₅₆O₃	}	}	–
E160e	Beta-apo-8'-Carotenal	C₃₀H₄₀O	}	}80
E160f	Ethyl ester of beta-apo-8'-carotenoic Acid	C₃₂H₄₄O₂	}Poultry	}(alone or with the other carotenoids and xanthophylls)
E161b	Lutein	C₄₀H₅₆O₂	}	}
E161c	Cryptoxanthin	C₄₀H₅₆O	}	}
E161g	Canthaxanthin	C₄₀H₅₂O₂	a Poultry other than laying hens	25	The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
			b Laying hens	8	The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
			c Salmon, trout	25	Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff
			d Dogs, cats and ornamental fish	–	–
E161h	Zeaxanthin	C₄₀H₅₆O₂	Poultry	} 80 (alone or with other carotenoids and xanthophylls)	–
E161i	Citranaxanthin	C₃₃H₄₄O	Laying hens	}
E161j	Astaxanthin	C₄₀H₅₂O₄	a Salmon, trout	100	Use only permitted from the age of 6 months onwards. The mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff
			b Ornamental fish	–	–
	2 Other colourants
E102	Tartrazine	C₁₆H₉N₄ Na₃O₉S₂	}
E110	Sunset yellow FCF	C₁₆H₁₀N₂Na₂O₇S₂	}Ornamental fish	–	–
E124	Ponceau 4R	C₂₀H₁₁N₂Na₃O₁₀S₃	}
E127	Erythrosine	C₂₀H₆I₄Na₂O₅H₂O	}
E131	Patent Blue V	Calcium salt of the disulphonic acid of m-hydroxytetra ethyl diamino triphenylcarbinol anhydride	a All species or categories of animals with the exception of dogs and cats	–	Permitted in animal feedingstuffs only in products processed from: i waste products of foodstuffs; ii denatured cereals or manioc flour; or iii other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			b Dogs and cats	–	–
E132	Indigotine	C₁₆H₈N₂Na₂O₈S₂	Ornamental fish	–	–
E141	Chlorophyll copper complex	–	Ornamental fish	–	–
E142	Acid Brilliant Green BS, (Lissamine Green)	Sodium salt of 4,4'-bis (dimethylamino) diphenylmethylene-2 naphthol 3, 6 disulphonic acid	a All species or categories of animals with the exception of dogs, cats and ornamental fish	–	Permitted in animal feedingstuffs only in products processed from: i waste products of foodstuffs; ii denatured cereals or manioc flour; or iii other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			b Dogs, cats and ornamental fish	–	–
E153	Carbon black	C	}
E160B	Bixin	C₂₅H₃₀O₄	}Ornamental fish	–	–
E172	Iron oxide, red	Fe2O₃	}
	3 All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 19905	–	a All species or categories of animals with the exception of dogs and cats		Permitted in animal feedingstuffs only in products processed from: i waste products of foodstuffs; or ii other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			b Dogs and cats	–	–
	Canthaxanthin authorised for colouring foodstuffs by Community rules		a All species or categories of animals other than poultry, salmon, trout, dogs and cats	–	Permitted in animal feedingstuffs only in products processed from: i waste products of foodstuffs; or ii other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			b Dogs and cats	–	–
			c Poultry other than laying hens, salmon, trout	25	Permitted in animal feedingstuffs only in products processed from: i waste products of foodstuffs; or ii other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			d Laying hens	8	Permitted in animal feedingstuffs only in products processed from: i waste products of foodstuffs; or ii other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

SCHEDULE 2PROVISIONS SUBSTITUTED FOR PART IX OF THE TABLE TO SCHEDULE 3 TO THE FEEDING STUFFS (SCOTLAND) REGULATIONS 2000

Regulation 2(b)

PART IXEUROPEAN COMMUNITY REGULATIONS BY WHICH ADDITIVES ARE CONTROLLED6
Commission Regulation (EC) No. 2316/98 concerning authorisation of new additives and amending the conditions for authorisation of a number of additives already authorised in feedingstuffs7.
Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs8.
Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group “binders, anti–caking agents and coagulants” in feedingstuffs9.
Commission Regulation (EC) No. 1353/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives, new additive uses and new preparations in feedingstuffs10.
Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs11.
Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs12.
Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs13.
Commission Regulation (EC) No. 256/2002 concerning the provisional authorisation of new additives, the prolongation of provisional authorisation of an additive and the permanent authorisation of an additive in feedingstuffs14.
Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs)15.
Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs16.
Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs17.
Commission Regulation (EC) No. 261/2003 concerning the provisional authorisation of new uses of additives in feedingstuffs18.
Commission Regulation (EC) No. 316/2003 concerning the permanent authorisation of an additive in feedingstuffs and the provisional authorisation of an additive already authorised in feedingstuffs19.
Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro-organisms in feedingstuffs20.
Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs21.
Commission Regulation (EC) No. 871/2003 concerning the permanent authorisation of a new additive in feedingstuffs22.
Commission Regulation (EC) No. 877/2003 concerning the provisional authorisation of a new additive in feedingstuffs23.

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, further amend the Feeding Stuffs (Scotland) Regulations 2000 (S.S.I. 2000/453, as already amended).

These Regulations implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (O.J. No. L 22, 25.1.03, p.28).

These Regulations also provide for the enforcement of the following Community Regulations:–

a

Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (O.J. No. L 125, 21.5.03, p.3); and

b

Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs (O.J. No. L 126, 22.5.03, p.24).

These Regulations amend the Feeding Stuffs (Scotland) Regulations 2000 by–

a

modifying the controls regulating the presence of additives in feedingstuffs by specifying new maximum levels in feed for the colourant canthaxanthin in Part II of the Table to Schedule 3 (regulation 2(a) and Schedule 1); and

b

adding two new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Part IX of the Table to Schedule 3 (regulation 2(b) and Schedule 2).

A Regulatory Impact Assessment, which includes a compliance assessment of the effect which these Regulations would have on business costs, has been prepared in relation to these Regulations and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.