2003 No.2912
The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003
Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 74A and 84 of the Agriculture Act 19701 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 20002 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 20023), 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 safety4, and being a Minister designated5 for the purposes of section 2(2) of the European Communities Act 19726 in relation to the Common Agricultural Policy of the European Community, 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:
Title, application and commencement1
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, shall apply in relation to England only and shall come into force on 8th December 2003.
Substantive amendments to the Feeding Stuffs Regulations 20002
1
The Feeding Stuffs Regulations 20007 shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).
2
For Part II of the Table set out in Schedule 3 (permitted additives and provisions relating to their use) there shall be substituted the Part set out in the Schedule to these Regulations.
3
In Part IX of Schedule 3 —
a
the following text shall be inserted immediately after the reference to Commission Regulation (EC) No. 668/2003 —
Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs(17).
Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs(18).
b
the following text is inserted at the end —
17
OJNo. L125, 21.5.2003, p.3.
18
OJNo. L126, 22.5.2003, p.24.
Consequential amendments to the Feeding Stuffs Regulations 20003
1
The Feeding Stuffs Regulations 2000 shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).
2
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 20018, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 20019, the Feeding Stuffs (Amendment) Regulations 200210, the Feeding Stuffs (Amendment) Regulations 200311, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 200312 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003.
3
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, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003.
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
4
The Feeding Stuffs (Sampling and Analysis) Regulations 199913 shall be amended in so far as they apply in relation to England in accordance with regulations 5 and 6.
5
In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.
6
In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
7
The Feeding Stuffs (Enforcement) Regulations 199914 shall be amended in so far as they apply in relation to England in accordance with regulations 8 to 11.
8
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, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) 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, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
9
In each of regulations 11, 11A and 11B for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.
10
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, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.
11
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, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) 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, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, as read with this Part of this Act, or in section 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, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) 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
SCHEDULEPART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS 2000
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
E160e
E160f
E161b
E161c
Capsanthin
Beta–apo–8'–carotenal
Ethyl ester of beta– apo–8'–carotenoic acid
Lutein
Cryptoxanthin
C40H5603
C30H400
C32H4402
C40H5602
C40H560
}Poultry
}80
}(alone or with the other carotenoids and xanthophylls)
—
E161g
Canthaxanthin
C40H5202
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
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
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
Dogs, cats and ornamental fish
—
—
E161h
E161i
Zeaxanthin
Citranaxanthin
C40H5602
C33H440
Poultry
Laying hens
}80
} (alone or with other carotenoids and xanthophylls)
—
E161j
Astaxanthin
C40H5204
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 cololurants
E102
E110
E124
E127
Tartrazine
Sunset yellow FCF
Ponceau 4R
Erythrosine
C16H9N4 Na3O9S2
C16H10N2Na2O7S2
C20H11N2Na3O10S3
C20H6I4Na2O5
H2O
} Ornamental fish
—
—
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 sale 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
E160B
E172
Carbon black
Bixin
Iron oxide, red
C
C25H30O4
Fe2O3
} Ornamental fish
—
—
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 199015
—
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
—
—
3.1
Canthaxanthin authorised for colouring foodstuffs by Community rules
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
Dogs and cats
—
—
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
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
(This note is not part of the Regulations)