2003 No. 1503
The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003
Made
Laid before Parliament
Coming into force
regulations 1, 2, 3, 4, 5, 7, 8, 9 and 11 and 13 to 20
regulations 6, 10 and 12
The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 68(1) and (1A), 69(1), 74A, 75(1), 76(1) and 84 of the Agriculture Act 1970 M1 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 M2 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M3), after consultation as required by section 84(1) of that Act and by 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 safety M4, and being a Minister designated M5 for the purposes of section 2(2) of the European Communities Act 1972 M6 in relation to measures in the veterinary and phytosanitary fields for the protection of public health, in exercise of the powers conferred on him by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), makes the following Regulations:
OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.
Title, extent and commencement1
1
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and shall extend to England only.
2
Regulations 1, 2, 3, 4, 5, 7, 8, 9 and 11 and 13 to 20 shall come into force on 1st August 2003 and regulations 6, 10 and 12 shall come into force on 6th November 2003.
Amendments to the Feeding Stuffs Regulations 20002
The Feeding Stuffs Regulations 2000 M7 shall be amended in so far as they extend to England in accordance with regulations 3 to 12.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
the following definitions shall be deleted —
aa
any commencing with the expression “EC approved”, “EC permitted”, “EEA approved”, “EEA permitted” “UK approved” or “UK permitted”,
bb
“national list”, and
cc
“third country”,
ii
in each of the definitions of “complementary feeding stuff”, “complete feeding stuff” and “feeding stuff”, for the expression “regulation 14(10)(a)” there shall be substituted the expression “
regulation 14(6)
”
,
iii
for the definition of “compound feeding stuff” there shall be substituted the following definition —
“compound feeding stuff” has the same meaning as in the Compound Feeding Stuffs Directive;
iv
in the definition of “feed material” the expression “, subject to regulation 14(10)(b),” shall be deleted,
v
immediately after the definition of “premixture” there shall be inserted the following definition —
“product intended for animal feed” means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;
vi
for the definition of “put into circulation” there shall be substituted the following definition —
“put into circulation” means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, in each case to a third party, but in regulation 14 also means import into England from a country which is neither an EEA State nor part of an EEA State;
vii
immediately after the definition of “third country” there shall be inserted the following definition —
“undesirable substance” means any substance or product, not being a pathogenic agent, which is contained in or is on a product intended for animal feed and —
a
constitutes a potential danger to animal or human health or the environment; or
b
could adversely affect livestock production;
b
for paragraph (8) there shall be substituted the following paragraph —
8
Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 are made.
4
For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph —
1
Section 74(2) shall have effect as if after the words “this Part of this Act” there were inserted the words “or the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 M8, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 M9, the Feeding Stuffs (Amendment) Regulations 2002 M10, the Feeding Stuffs (Amendment) Regulations 2003 M11 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003.
5
For regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) there shall be substituted the following regulation —
Control of products intended for animal feed containing undesirable substances14
1
No person shall —
a
put into circulation any product intended for animal feed which is specified in column 2 of Part I of Schedule 7; or
b
use any such product for animal feed,
if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part.
2
No person shall put into circulation, or use as a feeding stuff, any complementary feeding stuff if —
a
having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance specified in column 1 of Part I of Schedule 7 in excess of the level specified for it in column 3 of that Part in relation to complete feeding stuffs; and
b
there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part.
3
No person shall mix any product intended for animal feed which is specified in column 2 of Part I of Schedule 7 and which contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part for the purpose of dilution with any product intended for animal feed.
4
No person shall put into circulation any product intended for animal feed or use any such product for animal feed unless it is —
a
sound and genuine; and
b
of merchantable quality.
5
For the purposes of paragraph (4) above, a product intended for animal feed which is specified in column 2 of Part I of Schedule 7 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified in relation to it in column 3 of that Part.
6
For the purposes of paragraph (2) above “feeding stuff” means —
a
a product of vegetable origin in its natural state (whether fresh or preserved);
b
a product derived from the industrial processing of such a product; or
c
an organic or inorganic substance, used singly or in a mixture,
whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild, and “complementary feeding stuff” and “complete feeding stuff” shall be construed accordingly.
F16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
For paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph —
1
For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) shall have effect as if for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003.
8
In paragraph (2) of regulation 25 for the expression “14(3), (4), (6), (7) and (9), 15(1), 17, 18(1) and 19(1)” there shall be substituted the expression “
14(1) to (4), 15(1), 17, 18(1), 19(1) and 19A
”
.
9
In Schedule 3 (permitted additives and provisions relating to their use) for the list of European Community Regulations specified in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the list of European Community Regulations specified in the Schedule to these Regulations.
10
In Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) —
a
paragraph 14(1)(c) shall be deleted;
b
in paragraph 15 —
i
the word “and”, where it appears at the end of sub-paragraph (b), shall be deleted,
ii
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
the batch reference number; and
iii
immediately after sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
the approval or registration number allocated in accordance with Article 5 or as the case may be 10 of the Establishments Directive to the establishment which manufactured the compound feeding stuff;
F2c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
In Schedule 7 (prescribed limits for undesirable substances) —
a
in Part I (feeding stuffs) for the headings to columns 1 and 2 there shall be substituted the headings “
Undesirable Substances
”
and “
Products intended for animal feed
”
respectively; and
b
Part II (feed materials) shall be deleted.
12
Part II of Schedule 10 (categories of feed materials for use in relation to compound feeding stuffs for animals other than pets) shall be deleted.
Amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 199913
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 M12 shall be amended in so far as they extend to England in accordance with regulations 14 and 15.
14
In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs (Amendment) Regulations 2002” there shall be substituted the expression “
, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(England) Regulations 2003
”
.
15
In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression “and the Feeding Stuffs (Amendment) Regulations 2002” there shall be substituted the expression “
, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(England) Regulations 2003
”
.
Amendments to the Feeding Stuffs (Enforcement) Regulations 199916
The Feeding Stuffs (Enforcement) Regulations 1999 M13 shall be amended in so far as they extend to England in accordance with regulations 17 to 20.
17
In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
The purpose referred to in paragraph (1) is the enforcement and administration of —
a
the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
b
for paragraph (4) there shall be substituted the following paragraph —
4
The purpose referred to in paragraph (3) is the enforcement and administration of —
a
the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
18
In each of regulations 11, 11A and 11B for the expression “and the Feeding Stuffs (Amendment) Regulations 2003” there shall be substituted the expression “
, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(England) Regulations 2003
”
.
19
In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression “and the Feeding Stuffs (Amendment) Regulations 2002” there shall be substituted the expression “
, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(England) Regulations 2003
”
.
20
In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —
17
In this section —
“compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003;
“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003, as read with this Part of this Act, or in sections 73 or 73A of this Act;
“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003;
“premises include any land, vehicle, vessel, aircraft or hovercraft; and
“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying.
Signed by authority of the Secretary of State for Health
SCHEDULELIST OF EUROPEAN COMMUNITY REGULATIONS SUBSTITUTED FOR THE LIST OF EUROPEAN COMMUNITY REGULATIONS SPECIFIED IN PART IX OF THE TABLE TO SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS 2000
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 feedingstuffs(2).
Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs(3).
Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group “binders, anti-caking agents and coagulants” in feedingstuffs(4).
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 feedingstuffs(5).
Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs(6).
Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs(7).
Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs(8).
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 feedingstuffs(9).
Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs)(10).
Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs(11).
Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs(12).
Commission Regulation (EC) No. 261/2003 concerning the provisional authorisation of new uses of additives in feedingstuffs(13).
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 feedingstuffs(14).
Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro – organisms in feedingstuffs(15).
Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs(16).
1
Certain of the above Regulations relate to additive categories which include additives controlled by the Additives Directive, and which are listed in the relevant Part(s) of Parts I to VIII of the Table to this Schedule (e.g. the preservative formic acid is covered by Regulation (EC) No. 1594/1999, but certain other preservatives are covered by Part VII of the Table).
2
OJ No. L289, 28.10.98, p.4.
3
OJ No. L188, 21.7.1999, p.35.
4
OJ No. L297, 18.11.1999, p.8. The Annex to this Regulation is now replaced by the Annex to Regulation (EC) No. 739/2000 (OJ No. L87, 8.4.2000, p.14).
5
OJ No. L155, 28.6.2000, p.15.
6
OJ No. L280, 4.11.2000, p.28.
7
OJ No. L272, 13.10.2001, p.24.
8
OJ No. L299, 15.11.2001, p.1.
9
OJ No. L41, 13.2.2002, p.6.
10
OJ No. L183, 12.7.2002, p.10.
11
OJ No. L284, 22.10.2002, p.7.
12
OJ No. L333, 10.12.2002, p.5.
13
OJ No. L37, 13.2.2003, p.12.
14
OJ No. L46, 20.2.2003, p.15.
15
OJ No. L96, 12.4.2003, p.11.
16
OJ No. L96, 12.4.2003, p.14.
1970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”; the definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 68(1A) was inserted by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980) and section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.