PART 6E+W[F1Undesirable substances in products intended for animal feed]

Textual Amendments

Interpretation of this PartE+W

14.  In this Part—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“undesirable substance” (“sylwedd annymunol”) means any substance or product, not being a pathogenic agent, which is present in or on a feed and—

(i)constitutes a potential danger to human or animal health or to the environment, or

(ii)could adversely affect livestock production.

Textual Amendments

Control of animal feeds containing undesirable substancesE+W

15.—(1) A person who—

(a)places on the market any feed that is specified in column 2 of [F3a table in Schedule 1B]; or

(b)uses any such feed,

commits an offence if it contains any undesirable substance listed in column 1 of that [F4table] in excess of the relevant maximum content specified in column 3.

(2) A person who places on the market or uses any complementary feed commits an offence if—

(a)having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of [F5a table in Schedule 1B] in excess of the maximum content specified for it in column 3 in relation to complete feeds; and

(b)there is no provision relating to any complementary feed in the corresponding entry in column 2 of that [F6table].

(3) A person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of [F7a table in Schedule 1B] and which contains any undesirable substance listed in column 1 of that [F8table] in excess of the maximum content specified for it in column 3 commits an offence.

(4) A person who places on the market or uses any feed which is not sound and genuine and of merchantable quality commits an offence.

(5) For the purposes of paragraph (4) a feed listed in column 2 of [F9a table in Schedule 1B] shall be deemed not to be sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that [F10table] in excess of the maximum content specified in relation to it in column 3.

(6) A person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) must, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.

(7) The feeds are—

(a)palm kernel expeller;

(b)feeds obtained from the processing of fish and other marine animals;

(c)seaweed meal and feed materials derived from seaweed; F11...

(d)complete feeds for fish or for fur-producing animals.

[F12(e)peat;

(f)leonardite.]

(8) A person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) commits an offence.

[F13(9) In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, feed authorities must carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels.

(10) In cases of increased levels of undesirable substances listed in Schedule 1C, action thresholds to trigger investigations are set out in that Schedule.

(11) Feed authorities must send to the Agency all relevant information and findings of the source and the measures taken to reduce the level of, or eliminate, undesirable substances.]

Textual Amendments

[F14Regulations amending Schedules 1B and 1CE+W

15A.—(1) Where paragraph (2) applies, the Welsh Ministers may, by regulations, make provision to amend, add, or remove an entry in Schedule 1B or 1C.

(2) This paragraph applies where—

(a)the Welsh Ministers consider that the presence in feed of an undesirable substance not listed in Schedule 1B, or at a level permitted in accordance with Schedule 1B, presents, or would present, a danger to animal or human health or to the environment, or

(b)the Welsh Ministers consider it necessary in order to adapt to scientific and technical developments.

(3) The Welsh Ministers may, by regulations, define acceptability criteria for detoxification processes through which an undesirable substance listed in Schedule 1B is on purpose removed from feed.

(4) A power to make regulations under this regulation—

(a)is exercisable by statutory instrument;

(b)includes the power to make different provision for different purposes;

(c)includes the power to make incidental, supplementary, consequential, transitional, transitory or saving provision (including provision amending, repealing or revoking enactments or retained direct EU legislation).

(5) A statutory instrument that contains regulations under this regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.]

Textual Amendments