The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003

Welsh Statutory Instruments

2003 No. 1850 (W.200)

AGRICULTURE, WALES

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003

Made

16th July 2003

Coming into force

Regulations 1,2,3,4,5,7,8,9 and 11 and 13 to 20

1st August 2003

Regulations 6,10 and 12

6th November 2003

The National Assembly for Wales, in exercise of the powers conferred on it 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 designated M5 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that last mentioned section (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), makes the following Regulations:

Marginal Citations

M1 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.

M2 S.I. 2000/656.

M3 S.I. 2002/794.

M4 OJ No. L31, 1.2.2002, p.1. Under Article 3 of Regulation (EC) 178/2002 “food law” extends to feed produced for, or fed to, food producing animals.

M5 S.I. 1999/2788.

Title, commencement and application E+W

1.—(1) These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and shall apply to Wales only.

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 (Wales) Regulations 2001 E+W

2.  The Feeding Stuffs (Wales) Regulations 2001 M6 shall be amended in accordance with regulations 3 to 12.

Marginal Citations

M6 S.I. 2001/343 (W 15), amended by S.I. 2001/1797 (W 172), S.I. 2003/989 (W 138) and S.I. 2003/1677 (W180).

3.  In regulation 2 (interpretation) —

(a) in paragraph (1) —

(i) the following definitions shall be deleted —

(aa) any definition commencing with the expression “EC approved”, “EC permitted”, “European Economic Area approved”, “European Economic Area 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”, for the expression “regulation 12(10)(a)” there shall be substituted the expression “regulation 12(6) and in the definition of “feeding stuff”, for the expression “regulation 12(11)(a)” there shall be substituted the expression “ regulation 12(7) ”,

(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 12(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 12 also means import into Wales from a country which is neither an European Economic Area State nor part of an European Economic Area State;”, and

(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;”; and

(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) (Wales) 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 (Wales) 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001 M7 , the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 M8 , the Feeding Stuffs (Amendment) (Wales) Regulations 2002 M9 , the Feeding Stuffs (Amendment) (Wales) Regulations 2003 M10 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003.”.

Marginal Citations

M7 S.I. 2001/2253 (W 163).

M8 S.I. 2001/3461 (W 280).

M9 S.I. 2002/1797 (W 172).

M10 S.I. 2003/989 (W 138).

5.  For regulation 12 (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 substances

14.— (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.”.

6.  Immediately after regulation 17 (control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement) there shall be inserted the following regulation —

“Provision of information in relation to compound feeding stuffs for animals other than pet animals

17A.   Where a person to whom a compound feeding stuff for animals other than pet animals is supplied so requests, the supplier of that compound feeding stuff shall provide the person making that request with details of the exact percentages by weight of feed materials used in that compound feeding stuff.”.

7.  For paragraph (1) of regulation 24 (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 (Wales) 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003.”.

8.  In paragraph (2) of regulation 24 for the expression “12(3), (4), (6), (7) and (9), 13(1), 15, 16(1) and 17(1)” there shall be substituted the expression “ 12(1) to (4), 13(1), 15, 16(1), 17(1) and 17A ”.

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”, 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;”; and

(c) for paragraph 19 there shall be substituted the following paragraph —

“19.   In the case of any compound feeding stuff for animals other than pet animals —

(a) all the feed materials shall be declared in the statutory statement —

(i) by their specific names, and

(ii) with an indication, in descending order, of the percentage by weight of each feed material contained in the compound feeding stuff, subject to a limit of variation of +/�?? 15% in relation to each declared percentage; and

(b) the statutory statement shall contain the following declaration — “ The exact percentage by weight of feed materials used in this feeding stuff may be obtained from ... (name or trade name, address or registered office, telephone number and email address of the supplier of the compound feeding stuff). ”.”

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 1999 E+W

13.  The Feeding Stuffs (Sampling and Analysis) Regulations 1999 M11 shall be amended in so far as they apply to Wales in accordance with regulations 14 and 15.

Marginal Citations

M11 S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/2253 (W. 163), S.I. 2002/1797 (W.172) and S.I. 2003/1677 (W.180).

14.  In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs (Amendment) (Wales) Regulations 2002” there shall be substituted the expression “ , the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) 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) (Wales) Regulations 2002” there shall be substituted the expression “ , the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 ”.

Amendments to the Feeding Stuffs (Enforcement) Regulations 1999 E+W

F1 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 16-20 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

F1 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 16-20 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

F1 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 16-20 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

F1 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 16-20 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

F1 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 16-20 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2

M12 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

M12 1998 c. 38.

Regulation 9

SCHEDULE E+W LIST 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 (WALES) REGULATIONS 2001

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 M13 .

Marginal Citations

M13 OJ No. L289, 28.10.98, p.4.

Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs M14 .

Marginal Citations

M14 OJ No. L188, 21.7.1999, p.35.

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 M15 .

Marginal Citations

M15 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).

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 M16 .

Marginal Citations

M16 OJ No. L155, 28.6.2000, p.15.

Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs M17 .

Marginal Citations

M17 OJ No. L280, 4.11.2000, p.28.

Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs M18 .

Marginal Citations

M18 OJ No. L272, 13.10.2001, p.24.

Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs M19 .

Marginal Citations

M19 OJ No. L299, 15.11.2001, p.1.

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 M20 .

Marginal Citations

M20 OJ No. L41, 13.2.2002, p.6.

Commission Regulation (EC) No. 1252/2002 concerning the provisional authorisation of a new additive in feedingstuffs) M21 ).

Marginal Citations

M21 OJ No. L183, 12.7.2002, p.10.

Commission Regulation (EC) No. 1876/2002 concerning the provisional authorisation of a new use of an additive in feedingstuffs M22 ).

Marginal Citations

M22 OJ No. L284, 22.10.2002, p.7.

Commission Regulation (EC) No. 2188/2002 concerning the provisional authorisation of new uses of additives in feedingstuffs M23 ).

Marginal Citations

M23 OJ No. L333, 10.12.2002, p.5.

Commission Regulation (EC) No. 261/2003 concerning the provisional authorisation of new uses of additives in feedingstuffs M24 ).

Marginal Citations

M24 OJ No. L37, 13.2.2003, p.12.

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 M25 ).

Marginal Citations

M25 OJ No. L46, 20.2.2003, p.15.

Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro - organisms in feedingstuffs M26 ).

Marginal Citations

M26 OJ No. L96, 12.4.2003, p.11.

Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs M27 ).

Marginal Citations

M27 OJ No. L96, 12.4.2003, p.14.

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend in relation to Wales only the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343, as already amended), the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663, as already amended) and the Feeding Stuffs (Enforcement) Regulations 1999 (S.I. 1999/2325, as already amended). E+W

2.  These Regulations implement — E+W

(a) Directive 2002/2/EC of the European Parliament and of the Council amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and repealing Commission Directive 91/357/EEC (OJ No. L63, 6.3.2002, p.23); and

(b) Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L140, 30.5.2002, p.10).

3.  These Regulations also provide for the enforcement of the following Community Regulations — E+W

(a) Commission Regulation (EC) No. 261/2003 concerning the provisional authorisation of new uses of additives in feedingstuffs (OJ No. L37, 13.2.2003, p.12);

(b) 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 (OJ No. L46, 20.2.2003, p.15);

(c) Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro - organisms in feedingstuffs (OJ No. L96, 12.4.2003, p.11); and

(d) Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs (OJ No. L96, 12.4.2003, p.14).

4.  These Regulations — E+W

(a) amend the Feeding Stuffs (Wales) Regulations 2001 (“the 2001 Regulations”) by —

(i) in regulation 2(1) (interpretation), deleting the definitions of the terms “national list” and “third country” and any definitions commencing with specified expressions, modifying the definitions of the terms “complementary feeding stuff”, “complete feeding stuff”, “feed material”, “feeding stuff” and “put into circulation” , substituting a new definition of the term “compound feeding stuff” and adding new definitions for the terms “product intended for animal feed” and “undesirable substance” (regulation 3(a)),

(ii) substituting a revised version of regulation 2(8) (which prescribes how references in the 2001 Regulations to Community instruments are to be construed) (regulation 3(b)),

(iii) making consequential amendments to regulations 7(1), 24(1) and 24(2) (regulations 4, 7 and 8),

(iv) substituting for regulation 12 (control of feeding stuffs and feed materials containing undesirable substances), a new and re-titled regulation, which —

(aa) omits the provisions contained in the previous regulation which regulated the putting into circulation of feed materials containing undesirable substances above prescribed levels, required those possessing non-compliant products in the course of a business to notify the Food Standards Agency and the enforcement authorities of that fact and defined feed material for the purposes of regulation 12, and

(bb) re-enacts the remaining provisions of the previous regulation 12 with modifications, in particular by replacing the references to the terms “feeding stuff” and “feed material” with references to the term “product intended for animal feed” (regulation 5);

(v) inserting a new regulation, regulation 17A (provision of information in relation to compound feeding stuffs for animals other than pet animals), which requires suppliers of compound feeding stuffs to provide specified information relating to the feeding stuffs if requested to do so by those to whom they are supplied (regulation 6),

(vi) adding two new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Part IX of the Table to Schedule 3 (regulation 9 and the Schedule),

(vii) in Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) modifying the matters relating to compound feeding stuffs which are required to be contained in the statutory statement prescribed by regulation 4 or otherwise declared (regulation 10),

(viii) in Schedule 7 (prescribed limits for undesirable substances), modifying the headings to columns 1 and 2 of Part I (feeding stuffs) and deleting Part II (feed materials) (regulation 11), and

(ix) deleting Part II of Schedule 10 (containing the names of the categories of feed materials for use in relation to compound feeding stuffs for animals other than pets by which, prior to the coming into force of these Regulations, it was permissible to declare those compound feeding stuffs in the statement prescribed by regulation 4 (regulation 12); and

(b) make consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 13 to 20).

5.  A regulatory impact assessment has been prepared for these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Directive 2002/2/EC and 2002/32/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EN. E+W