The Feed Additives (Authorisations) (England) Regulations 2023

Citation, commencement, extent, and application

1.—(1) These Regulations may be cited as the Feed Additives (Authorisations) (England) Regulations 2023 and come into force on 22nd December 2023.

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

Interpretation

2.—(1) In these Regulations—

(a) “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;

(b) “Regulation (EC) 429/2008” means Commission Regulation (EC) No. 429/2008 on detailed rules for the implementation of Regulation (EC) 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives(1);

(c) “Regulation (EC) 152/2009” means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed(2).

(2) Any expression used both in these Regulations and in Regulation (EC) 1831/2003 or Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, etc(3) has the same meaning as it has in those Regulations.

(3) In Schedules 1 to 13, in the tables, in the row relating to “Species or category of animal”, expressions used that are also used in Annex 4 of Regulation (EC) 429/2008 (categories and definitions of target animals etc.) have the same meaning as in that Annex.

Authorisation of various feed additives

3.  Schedules 1 to 13 have effect.

Amendment of Commission Implementing Regulation (EU) No.601/2013

4.  In the Annex to Commission Implementing Regulation (EU) No.601/2013 concerning the authorisation of cobalt(II) acetate tetrahydrate, cobalt(II) carbonate, cobalt(II) carbonate hydroxide (2:3) monohydrate, cobalt(II) sulphate heptahydrate and coated granulated cobalt(II) carbonate hydroxide (2:3) monohydrate as feed additives(4) omit—

(a) the entry for cobalt(II) acetate tetrahydrate;

(b) the entry for cobalt(II) carbonate;

(c) the entry for cobalt(II) carbonate hydroxide (2:3) monohydrate;

(d) the entry for cobalt(II) sulphate heptahydrate.

Amendment of Commission Implementing Regulation (EU) 2019/221

5.—(1) Commission Implementing Regulation (EU) 2019/221(5) is amended as follows.

(2) Omit Article 4 (Amendment to Commission Regulation (EU) No 9/2010).

(3) Omit Article 7 (Amendment to Commission Implementing Regulation (EU) No528/2011).

(4) Omit Article 9 (Amendment to Commission Implementing Regulation (EU) No1021/2012).

Transitional provision: endo-1,4-beta-xylanase (EC 3.2.1.8) (identification number 4a8)

6.—(1) Stocks of the relevant feed additive, and premixtures containing it, which are produced and labelled before the end of 21st June 2024 in accordance with the conditions of the prior authorisation and the labelling requirements applicable before 22nd December 2023, may continue to be placed on the market and used until they are exhausted.

(2) Stocks of feed materials and compound feed containing the relevant feed additive, intended for food-producing animals, which are produced and labelled before the end of 21st December 2024 in accordance with the conditions of the prior authorisation and the labelling requirements applicable before 22nd December 2023, 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 endo-1,4-beta-xylanase (EC 3.2.1.8), with the identification number 4a8 authorised under the prior authorisation;

“prior authorisation” means the authorisation contained in Commission Regulation (EC) No 902/2009 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (CBS 114044) as a feed additive for weaned piglets, chickens for fattening, chickens reared for laying, turkeys for fattening and turkeys reared for breeding (holder of authorisation Roal Oy)(6).

Revocation of retained direct EU legislation

7.—(1) The instruments in Part 1 of Schedule 14 are revoked.

(2) The instrument in Part 2 of Schedule 14 is revoked subject to regulation 6.

Neil O’Brien

Parliamentary Under-Secretary of State,

Department of Health and Social Care

8th November 2023