Incorporation of zootechnical additivesE+W+S
36.—(1) Subject to paragraph (3), no person shall incorporate an unauthorised zootechnical additive into a feedingstuff.
(2) Subject to paragraph (3), no person shall incorporate an authorised zootechnical additive into a feedingstuff other than a compound feedingstuff.
(3) Nothing in paragraphs (1) or (2) shall prohibit a person (“the relevant person") from incorporating—
(a)an unauthorised zootechnical additive in a feedingstuff, or
(b)an authorised zootechnical additive in a feedingstuff other than a compound feedingstuff
where it is intended that the resulting feedingstuff will be fed to an animal for an Article 6.4 purpose and the use of the feedingstuff will constitute a use specified in paragraph (4).
(4) For the purpose of the previous paragraph the following uses are specified—
(a)a medicinal test on animals for which the relevant person has been issued with an animal test certificate, or
(b)a regulated procedure for which the relevant person holds a personal licence and which is specified in a project licence that authorises the procedure.
(5) No person shall incorporate an authorised zootechnical additive into a compound feedingstuff unless—
(a)the additive has been prepared beforehand in the form of a premixture—
(i)on a U.K. or E.C. approved or permitted Chapter I.2 establishment, or
(ii)on an establishment located in a third country:
(A)if it is listed in relation to zootechnical premixtures under arrangements to implement the second indent of the second paragraph of Article 15(a) of the Establishments Directive, or
(B)pending the making of those arrangements, if it is reasonable to conclude that it would have been so listed if those arrangements had been made,
and in accordance with the requirements specified, or in the case of an establishment located in a third country, requirements equivalent to those specified, in the first paragraph of Article 13.3 of the Additives Directive, as amended by Directive 96/51/EC, and he incorporates the premixture in the feedingstuff in accordance with regulation 51; or
(b)the incorporation is carried out on a U.K. approved or permitted Chapter I.3(M) establishment and the conditions specified in the first and third indented paragraphs of Article 13.4(b) of the Additives Directive, as amended by Directive 96/51/EC, are complied with;
and, in either case, the additive is incorporated in accordance with the applicable provisions of the relevant Chapter entry covering the additive in Annex B to the Additives Directive as amended by Directive 96/51/EC.