2006 No. 3256 (W.296)
The Feed (Specified Undesirable Substances) (Wales) Regulations 2006
Made
Coming into force
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1), 69(1), 74A and 84 of the Agriculture Act 1970 M1.
Title and Commencement1
The title of these Regulations is the The Feed (Specified Undesirable Substances) (Wales) Regulations 2006 and they come into force on 26 December 2006.
Amendments to the Feeding Stuffs (Wales) Regulations 2006F12
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments to the Feed (Hygiene and Enforcement) (Wales) Regulations 20053
1
The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 M2 are amended in accordance with paragraphs (2) and (3).
2
After regulation 24, insert the following regulation —
24A
1
For the purpose of carrying out investigations, in accordance with Article 4.2 of Directive 2002/32, to determine the source of those undesirable substances listed in Annex II to that Directive where action thresholds specified in that Annex have been reached, an authorised officer may, at all reasonable times and on producing if requested some duly authenticated document showing his or her authority, enter any premises (not being premises used only as a dwelling) on which the officer has reasonable cause to believe that feed has been or is being manufactured or produced, has been placed on the market or is being kept for the purpose of being placed on the market, incorporated into another product or used.
2
An authorised officer entering any premises by virtue of this regulation may —
a
take with him or her such other persons and such equipment as may appear to the officer to be necessary;
b
inspect anything that the officer has the right to inspect under regulation 24(5), and
c
take on those premises a sample of any material appearing to the officer to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used or intended for use as feed.
3
Where for the purposes of taking a sample pursuant to paragraph (2)(c) an authorised officer takes material from one or more containers each of which weighs no more than six kilograms, and which are exposed for sale by retail, the owner of the container or containers may require the authorised officer to purchase the container or containers on behalf of the authority for which the officer acts.
4
An authorised officer entering any premises by virtue of this regulation has the same rights to production, inspection and copying of records, including records kept on or produced by a computer, as are specified in paragraphs (9)(a) and (b) and (10)(c) of regulation 24.
5
Paragraph (14) of regulation 24 applies to the power of entry under this regulation as it does to such powers under that regulation.
6
Directive 2002/32 means Directive 2002/32/EC of the European Parliament and of the Council M3 on undesirable substances in animal feed, as amended by Commission Directive 2003/57/ECM4, Commission Directive 2003/100 M5, Commission Directive 2005/8/ECM6, Commission Directive 2005/86/ECM7, Commission Directive 2005/87/ECM8 and Commission Directive 2006/13/ECM9.
3
In paragraph (4) of regulation 27, after the expression “regulation 24” insert “or regulation 24A”.
M10Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
SCHEDULE 1Entries to be added in Part B of Schedule 4 to the Feeding Stuffs (Wales) Regulations 2006
Analytical constituents
Limits of variation (absolute value in percentage by weight, except where otherwise specified)
Moisture
If present in excess—
3 for declarations of 40% or more
7.5% of the amount stated for declarations of 20% or more but less than 40%
1.5 for declarations less than 20%
SCHEDULE 2
PART 1 Entries to be substituted or added in Chapter A of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006
Column 1: Undesirable substances
Column 2: Products intended for animal feed
Column 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
Cadmium1
Feed materials of vegetable origin
1
Feed materials of animal origin
2
Feed materials of mineral origin
2
except:
— phosphates
10
Additives belonging to the functional group of compounds of trace elements
10
except:
— copper oxide, manganous oxide, zinc oxide and manganous sulphate monohydrate
30
Additives belonging to the functional groups of binders and anti-caking agents
2
Premixtures
15
Mineral feeding stuffs:
— containing less than 7% phosphorus
5
— containing 7% or more phosphorus
0.75 per 1% phosphorus, subject to a maximum of 7.5
Complementary feeding stuffs for pet animals
2
Other complementary feeding stuffs
0.5
Complete feeding stuffs for cattle, sheep and goats and feeding stuffs for fish
1
except:
— complete feeding stuffs for pet animals
2
— complete feeding stuffs for calves, lambs and kids, and other complete feeding stuffs
0.5
Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs))expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 199723
Feed materials of plant origin with the exception of vegetable oils and their by-products
0.75 ng WHO-PCDD/F-TEQ/kg
Vegetable oils and their by-products
0.75 ng WHO-PCDD/F-TEQ/kg
Feed materials of mineral origin
1.0 ng WHO-PCDD/F-TEQ/kg
Animal fat, including milk fat and egg fat
2.0 ng WHO-PCDD/F-TEQ/kg
Other land animal products, including milk and milk products and eggs and egg products
0.75 ng WHO-PCDD/F-TEQ/kg
Fish oil
6.0 ng WHO-PCDD/F-TEQ/kg
Fish, other aquatic animals, their products and by-products, with the exception of fish oil and fish protein hydrolysates containing more than 20% fat4
1.25 ng WHO-PCDD/F-TEQ/kg
Fish protein hydrolysates containing more than 20% fat
2.25 ng WHO-PCDD/F-TEQ/kg
The additives kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the functional groups of binders and anti-caking agents
0.75 ng WHO-PCDD/F-TEQ/kg
Additives belonging to the functional group of compounds of trace elements
1.0 ng WHO-PCDD/F-TEQ/kg
Premixtures
1.0 ng WHO-PCDD/F-TEQ/kg
Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish
0.75 ng WHO-PCDD/F-TEQ/kg
Feed for fish and pet foods
2.25 ng WHO-PCDD/F-TEQ/kg
Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification
Sum of dioxins and dioxin-like PCBs (sum of polychlorinated dibenzo-para-dioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and polychlorinated biphenyls (PCBs)) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 19972
Feed materials of plant origin with the exception of vegetable oils and their by-products
1.25 ng WHO-PCDD/F-PCB-TEQ/kg
Vegetable oils and their by-products
1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Feed materials of mineral origin
1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Animal fat, including milk fat and egg fat
3.0 ng WHO-PCDD/F-PCB-TEQ/kg
Other land animal products, including milk and milk products and eggs and egg products
1.25 ng WHO-PCDD/F-PCB-TEQ/kg
Fish oil
24.0 ng WHO-PCDD/F-PCB-TEQ/kg
Fish, other aquatic animals, their products and by-products, with the exception of fish oil and fish protein hydrolysates containing more than 20% fat4
4.5 ng WHO-PCDD/F-PCB-TEQ/kg
Fish protein hydrolysates containing more than 20% fat
11.0 ng WHO-PCDD/F-PCB-TEQ/kg
Additives belonging to the functional groups of binders and anti-caking agents
1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Additives belonging to the functional group of compounds of trace elements
1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Premixtures
1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish
1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Feed for fish and pet foods
7.0 ng WHO-PCDD/F-PCB-TEQ/kg
Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification
Fluorine5
Feed materials
150
except:
— feeding stuffs of animal origin other than marine crustaceans such as marine krill
500
— marine crustaceans such as marine krill
3,000
— phosphates
2,000
— calcium carbonate
350
— magnesium oxide
600
— calcareous marine algae
1,000
Vermiculite (E 561)
3,000
Complementary feeding stuffs
— containing 4% phosphorus or less
500
— containing more than 4% phosphorus
125 per 1% phosphorus
Complete feeding stuffs
150
except:
— complete feeding stuffs for cattle, sheep and goats
— — in lactation
30
— — other
50
— complete feeding stuffs for pigs
100
— complete feeding stuffs for poultry
350
— complete feeding stuffs for chicks
250
Lead1
Feed materials
10
except:
— green fodder (including products such as hay, silage, fresh grass, etc)
30
— phosphates and calcareous marine algae
15
— calcium carbonate
20
— yeasts
5
Additives belonging to the functional group of compounds of trace elements
100
except:
— zinc oxide
400
— manganous oxide, iron carbonate, copper carbonate
200
Additives belonging to the functional groups of binders and anti-caking agents
30
except:
—clinoptilolite of volcanic origin
60
Premixtures
200
Complementary feeding stuffs
10
except:
— mineral feeding stuffs
15
Complete feeding stuffs
5
1
Maximum levels refer to an analytical determination of this substance, whereby extraction is performed in nitric acid (5% w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency.
2
WHO-TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15-18 June 1997 (Van den Berg et al., (1998), Toxic Equivalency Factors (TEFs) for PCBs, PCDDs and PCDFs for Humans and for Wildlife, Environmental Health Perspectives, 106(12), 775).
3
The separate maximum level for dioxins (PCDD/F) remains applicable for a temporary period. The products intended for animal feed mentioned in column 2 have to comply both with the maximum levels for dioxins and with the maximum levels for the sum of dioxins and dioxin-like PCBs during that temporary period.
4
Fresh fish directly delivered and used without intermediate processing for the production of feed for fur-producing animals is not subject to the maximum levels, while maximum levels of 4.0 ng WHO-PCDD/F-TEQ/kg product and 8.0 ng WHO-PCDD/F-PCB-TEQ/kg product are applicable to fresh fish used for the direct feeding of pet animals, zoo and circus animals. The products, processed animal proteins produced from these animals (fur-producing animals, pet animals and zoo and circus animals) cannot enter the food chain and cannot be fed to farmed animals which are kept, fattened or bred for the production of food.
5
Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency.
PART 2 Entries to be substituted in Chapter D of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006
Column 1: Undesirable substances
Column 2: Products intended for animal feed
Column 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
Camphechlor (toxaphene) — sum of indicator congeners CHB 26, 50 and 621
Fish, other aquatic animals, their products and by-products with the exception of fish oil
0.02
Fish oil
0.2
Feeding stuffs for fish
0.05
1
Numbering system according to Parlar, prefixed by either “CHB” or “Parlar #”:
— CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane,
— CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane,
— CHB 62: 2,2,5,5,8,9,9,10,10-nonachlorobornane.
1970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”. Functions of “the Secretary of State”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.