The Feed Additives (Authorisations) (England) Regulations 2022

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Feed Additives (Authorisations) (England) Regulations 2022 and come into force on 25th November 2022.

(2) These Regulations extend to England and Wales but apply in relation to England only.

Interpretation

2.—(1) In these Regulations, “ Regulation (EC) 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition.

(2) Any expression used both in these Regulations and in Regulation (EC) 1831/2003 or Regulation (EC) 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, etc(1) has the same meaning as it has in those Regulations.

Authorisation of various feed additives

3.  Schedules 1 to 11 have effect.

Amendment of Commission Implementing Regulation (EU) No. 306/2013

4.  In the Annex to Commission Implementing Regulation (EU) No. 306/2013 concerning the authorisation of a preparation of Bacillus subtilis (ATCC PTA-6737) for weaned piglets and weaned Suidae other than Sus scrofa domesticus (holder of authorisation Kemin Europa N.V.)(2), in the table, in each place it occurs, for “Bacillus subtilis” substitute “Bacillus velezensis”.

Amendment of Commission Implementing Regulation (EU) No. 787/2013

5.  In the Annex to Commission Implementing Regulation (EU) No. 787/2013 concerning the authorisation of a preparation of Bacillus subtilis (ATCC PA-6737) as a feed additive for turkeys for fattening and turkeys reared for breeding (holder of authorisation Kemin Europa N.V.)(3), in the table, in each place it occurs, for “Bacillus subtilis” substitute “Bacillus velezensis”.

Amendment of Commission Implementing Regulation (EU) 2015/1020

6.  In the Annex to Commission Implementing Regulation (EU) 2015/1020 concerning the authorisation of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for laying hens and minor poultry species for laying (holder of the authorisation Kemin Europa NV)(4), in the table, in each place it occurs, for “Bacillus subtilis” substitute “Bacillus velezensis”.

Amendment of Commission Implementing Regulation (EU) 2017/2276

7.  In the Annex to Commission Implementing Regulation (EU) 2017/2276 concerning the authorisation of a new use of the preparation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for sows (holder of the authorisation Kemin Europa N.V.)(5), in the table, in each place it occurs, for “Bacillus subtilis” substitute “Bacillus velezensis”.

Transitional provision: Bacillus velezensis (ATCC PTA-6737) (formerly Bacillus subtilis (ATCC PTA-6737) (identification number 4b1823)

8.—(1) Any substance or product labelled “Bacillus subtilis (ATCC PTA-6737)”, or as containing “Bacillus subtilis (ATCC PTA-6737)”, but otherwise produced and labelled in accordance with an authorisation contained in retained direct EU legislation mentioned in regulations 4 to 7, may continue to be placed on the market and used under that authorisation.

(2) Stocks of the relevant feed additive, and premixtures containing it, which are produced and labelled before the end of 23rd May 2023 in accordance with the conditions of the prior authorisation, may continue to be placed on the market and used until they are exhausted.

(3) Stocks of compound feed and feed materials containing the relevant feed additive, intended for food-producing animals, which are produced and labelled before the end of 23rd November 2023 in accordance with the conditions of the prior authorisation, may continue to be placed on the market and used until they are exhausted.

(4) Stocks of compound feed and feed materials containing the relevant feed additive, intended for non-food-producing animals, which are produced and labelled before the end of 23rd November 2024 in accordance with the conditions of the prior authorisation, may continue to be placed on the market and used until they are exhausted.

(5) In this regulation—

“relevant feed additive” means the feed additive Bacillus velezensis (ATCC PTA-6737) or, as formerly designated, Bacillus subtilis (ATCC PTA-6737), with the identification number 4b1823, which was previously authorised under the prior authorisation;

“prior authorisation” means an authorisation contained in—

• Commission Regulation (EU) No 107/2010 concerning the authorisation of Bacillus subtilis ATCC PTA-6737 as a feed additive for chickens for fattening (holder of authorisation Kemin Europa NV)(6),

• Commission Implementing Regulation (EU) No 885/2011 concerning the authorisation of Bacillus subtilis (ATCC PTA-6737) as a feed additive for chickens reared for laying, ducks for fattening, quails, pheasants, partridges, guinea fowl, pigeons, geese for fattening and ostriches (holder of the authorisation Kemin Europa N.V.)(7).

Transitional provision: Saccharomyces cerevisiae (formerly Saccharomyces cerevisiae NCYC Sc.47) (identification number 4b1702)

9.—(1) Stocks of the relevant feed additive, and premixtures containing it, which are produced and labelled before the end of 23rd May 2023 in accordance with the conditions of the prior authorisation, may continue to be placed on the market and used until they are exhausted.

(2) Stocks of compound feed and feed materials containing the relevant feed additive, intended for food-producing animals, which are produced and labelled before the end of 23rd November 2023 in accordance with the conditions of the prior authorisation, may continue to be placed on the market and used until they are exhausted.

(3) In this regulation—

“relevant feed additive” means the feed additive Saccharomyces cerevisiae (CNCM I-4407), with the identification number 4b1702, which was previously authorised under the prior authorisation;

“prior authorisation” means an authorisation contained in Commission Regulation (EU) No 883/2010 concerning the authorisation of a new use of Saccharomyces cerevisiae NCYC Sc 47 as a feed additive for calves for rearing (holder of the authorisation Société industrielle Lesaffre)(8).

Transitional provision: Decoquinate (Deccox^®) (identification number 51756i (formerly E756))

10.—(1) Stocks of the relevant feed additive, and feed containing it, which are produced and labelled before the end of 23rd May 2023 in accordance with the conditions of the prior authorisation, may continue to be placed on the market and used until they are exhausted.

(2) In this regulation–

“relevant feed additive” means the feed additive decoquinate (Deccox^®), which was previously authorised under the prior authorisation with the identification number E756;

“prior authorisation” means an authorisation contained in Regulation (EC) No 1289/2004 concerning the authorisation for 10 years of the additive Deccox^® in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances(9).

Revocation of retained direct EU legislation

11.  The instruments in Schedule 12 are revoked subject to regulations 8(2) to (5), 9 and 10.

Neil O’Brien

Parliamentary Under-Secretary of State,

Department of Health and Social Care

3rd November 2022