The Feeding Stuffs Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which supersede the Feeding Stuffs (No. 2) Regulations 1986, implement the directives listed in paragraph 2 below, and incorporate certain changes in the law which are described in paragraph 7 below.

2.  The principal directives implemented are—

• Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p.1), (OJ/SE Vol. 18, p.4) concerning additives in feeding stuffs, as amended;

• Council Directive 74/63/EEC (OJ No. L38, 11.2.74, p.31) on undesirable substances and products in animal nutrition, as amended;

• Council Directive 77/101/EEC (OJ No. L32, 3.2.77, p.1) on the marketing of straight feeding stuffs, as amended;

• Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p.30) on the marketing of compound feeding stuffs, as amended;

• Commission Directive 80/511/EEC (OJ No. L126, 21.5.80, p.14) authorising, in certain cases, the marketing of compound feeding stuffs in unsealed packages or containers;

• Council Directive 82/471/EEC (OJ no. L213, 21.7.82, p.8) concerning certain products used in animal nutrition;

• Commission Directive 82/475/EEC (OJ No. L213, 21.7.82, p.27) laying down the categories of ingredients which may be used for the purposes of labelling compound feeding stuffs for pet animals;

and the Regulations incorporate amendments and additions to those directives including those made by the following, which require the changes in the law described in paragraph 7 below:

• Commission Directive 86/174/EEC (OJ No. L130, 16.5.86, p.53) fixing the method of calculation for the energy value of compound poultry feed;

• Fourth Commission Directive 86/299/EEC (OJ No. L189, 11.7.86, p.40) amending the Annex to Council Directive 74/63/EEC;

• Commission Directive 86/300/EEC (OJ No. L189, 11.7.86, p.42) amending the Annexes to Council Directive 70/524/EEC;

• Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p.27) amending Directives 74/63/EEC, 77/101/EEC and 79/373/EEC;

• Commission Directive 86/403/EEC (OJ No. L233, 20.8.86, p.16) amending the Annexes to Council Directive 70/524/EEC;

• Commission Directive 86/525/EEC (OJ No. L310, 5.11.86, p.19) amending the Annexes to Council Directive 70/524/EEC;

• Commission Directive 86/530/EEC (OJ No. L312, 7.11.86, p.39) amending the Annex to Council Directive 82/471/EEC;

• Commission Directive 87/234/EEC (OJ No. L102, 14.4.87, p.31) amending the Annex to Council Directive 77/101/EEC;

• Commission Directive 87/235/EEC (OJ No. L102, 14.4.87, p.34) amending the Annex to Council Directive 79/373/EEC;

• Commission Directive 87/238/EEC (OJ No. L110, 25.4.87, p.25) amending the Annexes to Council Directive 74/63/EEC;

• Council Directive 87/519/EEC (OJ No. L304, 27.10.87, p.38) amending Council Directive 74/63/EEC;

• Commission Directive 87/552/EEC (OJ No. L336, 26.11.87, p.34) amending the Annexes to Council Directive 70/524/EEC.

3.  The Regulations apply to feeding stuffs for animals of the descriptions specified in regulation 3 and for pet animals. Those feeding stuffs (with the exception of straight feeding stuffs intended for use as pet foods) are prescribed in regulation 4 for the purposes of sections 68(1) and 69(1) of the Agriculture Act 1970 (“the Act”), which require the sellers of prescribed materials to give statutory statements as to their composition and information or instructions as to their storage, handling and use, and to mark them with that information. The contents of statutory statements are prescribed by regulation 5 and Schedule 1, and their form by regulation 6. Further provisions relating to statutory statements are contained in regulations 7, 8 and 9.

4.  The Regulations also provide for—

(a) permitted limits of variation in mis-statements in statutory statements, (regulation 11 and Schedule 3);

(b) the manner of packaging and sealing compound feeding stuffs, additives and premixtures (regulation 12); and

(c) the meaning of names 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 so assigned accords with that meaning), (regulation 13(1) and Schedule 2).

5.  The Regulations further provide for the control of the moisture content of compound feeding stuffs containing milk products (regulation 14), and regulate the marketing of feeding stuffs containing additives (regulation 15 and Schedule 4), undesirable substances (regulation 16 and Schedule 5), aflatoxin B₁ (regulation 17) and certain protein sources and non-protein nitrogenous compounds (regulation 18(1) and Schedule 7). The marketing of feeding stuffs consisting of or containing “Candida” yeasts cultivated on n-alkanes is prohibited (regulation 18(2)). The labelling or marking of additives and premixtures of additives is also controlled (regulation 19 and Schedule 8).

6.  The Regulations modify section 66(2) of the Act so as to make it apply to the importation and use as well as the sale of feeding stuffs, and section 82 so as to make it apply to additional sections of Part IV of the Act. (Section 82 provides for defences of mistake, due diligence etc).

7.  The following changes in the law are effected in implementation of the directives listed in paragraph 2 above as amending or adding to the principal directives;

(a) definitions of “energy value”, “fat”, “ingredients”, “milk replacer feed”, “national list” and “starch” are inserted in regulation 2(1);

(b) the list of animals prescribed for the purpose of the definition of feeding stuff in section 66(1) of the Act is extended to include lambs, kids and deer;

(c) the description of material prescribed in regulation 4 for the purposes of sections 68(1) and 69(1) of the Act (see paragraph 3 above) now includes any material usable as an ingredient in a feeding stuff (other than a straight feeding stuff intended for use as a pet food);

(d) the meaning assigned to the names of certain feeding stuffs by regulation 10 for the purposes of section 70 of the Act (implied warranties) are extended to milk replacer feeds;

(e) the marketing of vegetable materials named in column 2 of Schedule 2 of which the botanical purity is less than 95% is prohibited by regulation 13(2);

(f) special provision for the marketing of ingredients to be used in feeding stuffs which are contaminated with certain exceptionally undesirable substances is made in regulation 16(3) and (4). Copies of the national list referred to in paragraph 4(a) of this regulation, and defined in regulation 2(1), may be obtained on and after the 30th November 1988 from the Publications Unit of the Ministry of Agriculture, Fisheries and Food, Lion House, Willowburn Trading Estate, Alnwick, Northumberland NE66 2PF, and the list may be inspected free of charge at the Ministry’s headquarters at Great Westminster House, Horseferry Road, London SW1P 2AE;

(g) special provision in relation to milk replacer feeds is made in regulation 20;

(h) a number of additions and amendments are made to Schedule 1 (paragraphs 2, 7, 14, 15 and 16), Schedule 2 (items dried molassed sugar beet feed, 4.6 and 4.9), Schedule 3 (protein), Schedule 4 (Parts II, III, Chapter B, VI and IX), Schedule 5 (cadmium and aflatoxin) in Part I (Chapters A and B) and Part II, and a new Chapter D of Part I (for pesticide residues) and Schedule 7 (items 1.1.1.1 and 2.2.2);

(i) an official method of calculating the energy value of compound poultry feeds is provided in a new Schedule 9, and is referred to in Schedule 1, paragraph 11(a)(v) and Schedule 3, Part E.

The Regulations, which apply throughout Great Britain, come into force for the purposes of regulation 16(3) and (4), paragraph 16 of Schedule 1 and Part II of Schedule 5 on 3rd December 1988, for the purposes of Chapter D of Part I of Schedule 5 on 3rd December 1990 and for all other purposes on 6th April 1988.