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Welsh Statutory Instrument 2006 No. 116 (W.14)

The Feeding Stuffs (Wales) Regulations 2006

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS


2006 No. 116 (W.14)

[a]

AGRICULTURE, WALES


The Feeding Stuffs (Wales) Regulations 2006

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 Made24 January 2006 
 Coming into force25 January 2006 


ARRANGEMENT OF REGULATIONS


PART 1

INTRODUCTORY AND GENERAL
1.Title, commencement and application
2.Interpretation
3.Modification of the Agriculture Act 1970 in relation to all feeding stuffs
4.Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
5.Prescribed material
6.Exemption from these Regulations
7.Revocations

PART 2

PRESENTATION AND COMPOSITION OF FEEDING STUFFS
8.Matters required and permitted to be contained in a statutory statement or otherwise declared
9.Forms of statutory statement
10.Limits of variation
11.Assigned meanings for statutory statements or marks
12.Manner of packaging and sealing compound feeding stuffs
13.Control of feed materials
14.Control of products intended for animal feed containing undesirable substances
15.Control of feeding stuffs containing prohibited materials
16.Control of certain protein sources
17.Control of the iron content of milk replacer feeds
18.Control of ash insoluble in hydrochloric acid in compound feeding stuffs
19.Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement
20.Control of additives and premixtures
21.Confidential Information provisions

PART 3

ENFORCEMENT
22.Enforcement of provisions made under section 2(2) of the European Communities Act 1972
23.Modification of section 74A(3) of the Agriculture Act 1970

PART 4

AMENDMENTS TO OTHER LEGISLATION
24.Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

SCHEDULES

 Schedule 1:Methods of calculating the energy value of compound feeds

 Schedule 2:Control of feed materials
 Part I—Principal processes used for the preparation of the feed materials listed in Part II of this Schedule
 Part II—Non-exclusive list of the main feed materials
 Part III—Other feed materials

 Schedule 3:Contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)
 Part I 
 Part II—Declaration of anaytical constituents

 Schedule 4:Limits of variation
 Part A—Compound feeding stuffs except those for pets
 Part B—Compound pet foods
 Part C—Feed materials
 Part D—Vitamins and trace elements
 Part E—Energy value of compound feeding stuffs

 Schedule 5:Prescribed limits for undesirable substances

 Schedule 6:Control of certain protein sources

 Schedule 7:Permitted feeding stuffs for particular nutritional purposes and provisions relating to their use

 Schedule 8:Categories of feed materials for use in relation to compound feeding stuffs for pet animals

 Schedule 9:Amending instruments revoked

The National Assembly for Wales, acting in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 77(4), 78(6) and (10), 79(1), (2) and (9), and 84 of the Agriculture Act 1970[1] and being designated[2] for the purposes of section 2(2) of the European Communities Act 1972[3] in relation to the common agricultural policy of the European Community and measures relating to feed produced for or fed to food producing animals and measures in the veterinary field for the protection of public health, in exercise of the powers conferred by the said section 2(2) (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and after consultation as required by section 84(1) of the said Act or as appropriate 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[4], makes the following Regulations:



PART 1

INTRODUCTORY AND GENERAL

Title, commencement and application
    1. —The title of these Regulations is the Feeding Stuffs (Wales) Regulations 2006, they come into force on 25 January 2006 and apply in relation to Wales.

Interpretation
    2.—(1) In these Regulations—

    "the Act" ("y Ddeddf") means the Agriculture Act 1970;

    "additive" ("ychwanegyn") subject to regulation 21(4), means a feed additive to which the Additives Regulation applies, with the exception of any additive in categories (d) or (e) of Article 6(1) of that Regulation other than those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation;

    "the Additives Directive" ("y Gyfarwyddeb Ychwanegion") means Council Directive 70/524/EEC concerning additives in feeding stuffs[5];

    "the Additives Regulation" ("y Rheoliad Ychwanegion") means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition[6];

    "ash" ("lludw") means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC[7];

    "the Certain Products Directive" ("y Gyfarwyddeb Cynhyrchion Penodol") means Council Directive 82/471/EEC concerning certain products used in animal nutrition[8];

    "complementary feeding stuff" ("bwyd anifeiliaid cydategol") means a compound feeding stuff which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;

    "complete feeding stuff" ("bwyd anifeiliad cyflawn") means a compound feeding stuff which, by reason of its composition, is sufficient for a daily ration;

    "compound feeding stuff" ("bwyd anifeiliad cyfansawdd") subject to regulation 14(6), means a mixture of feed materials, whether or not containing any additive, for oral feeding to pet animals or farmed creatures in the form of complementary feeding stuffs or complete feeding stuffs;

    "the Compound Feeding Stuffs Directive" ("y Gyfarwyddeb Bwydydd Anifeiliad Cyfansawdd") means Council Directive 79/373/EEC on the circulation of compound feeding stuffs[9];

    "daily ration" ("dogn dyddiol") means the average total quantity of feeding stuff, expressed on a 12% moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;

    "EEA State" ("Gwladwriaeth yr Ardal Economaidd Ewropeaidd") means a Member State of the European Economic Area, Norway, Iceland or Liechtenstein;

    "energy value" ("gwerth egni") means the energy value of a compound feeding stuff calculated in accordance with the relevant method specified in Schedule 1;

    "establishment" ("sefydliad") has the meaning given by Article 3(d) of Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene[10];

    "fat" ("braster") means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC[11];

    "feed material" ("deunydd bwyd anifeiliaid") means—

    "the Feed Materials Directive" ("y Gyfarwyddeb Deunydd Bwyd Anifeiliaid") means Council Directive 96/25/EC on the circulation of feed materials[12];

    "feeding stuff intended for a particular nutritional purpose" ("bwyd anifeiliad a fwriedir ar gyfer diben maethiadol penodol") means a compound feeding stuff, the composition or method of manufacture of which distinguishes it from other feeding stuffs and from the type of products covered by Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community[13], and in respect of which any indication is given that it is intended for a particular nutritional purpose;

    (a) any product of vegetable or animal origin, in its natural state, fresh or preserved;

    (b) any product derived from such a product by industrial processing; or

    (c) any organic or inorganic substance,

(whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly as such, or after processing, in the preparation of a compound feeding stuff or as a carrier of a premixture;

    "fibre" ("ffeibr") means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for fibre specified in Point 3 of Annex 1 to Directive 73/46/EEC[14];

    "mammalian meat and bone meal" ("blawd cig ac esgyrn mamaliaid") has the meaning given in Regulation 3(1) of the TSE (Wales) Regulations 2002[15];

    "Member State" ("Aelod-Wladwriaeth") means a Member State other than the United Kingdom;

    "micro-organism" ("micro-organedd") has the meaning given by Article 2(2)(m) of the Additives Regulation;

    "milk replacer feed" ("bwyd anifeiliaid sy'n cymryd lle llaeth") means a compound feeding stuff administered in dry form, or after reconstitution with a given quantity of liquid, for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;

    "mineral feeding stuff" ("bwyd anifeiliaid mwynol") means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40% by weight of ash;

    "minimum storage life" ("isafswm oes storio") means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;

    "molassed feeding stuff" ("bwyd anifeiliaid triagl") means a complementary feeding stuff prepared from molasses and which contains at least 14% by weight of total sugar expressed as sucrose;

    "moisture" ("lleithedd") means water and other volatile material determined in accordance with the procedure set out in the method of analysis for moisture specified in Part I of the Annex to Directive 71/393/EEC[16];

    "oil" ("olew") means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC[17];

    "particular nutritional purpose" ("diben maethiadol penodol") means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;

    "pet food" ("bwyd anifeiliaid anwes") means a feeding stuff for pet animals and "compound pet food" is construed accordingly;

    "premixture" ("rhag-gymysgedd") has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any premixture containing an additive belonging to category (d) or (e) of Article 6(1) of that Regulation other than those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation;

    "prescribed material" ("deunydd rhagnodedig") means material described in regulation 5(1);

    "product intended for animal feed" ("cynnyrch a fwriedir ar gyfer bwyd anifeiliaid") means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;

    "protein" ("protein"), except in paragraphs 7, 8, 9 and 10 of Part I of Schedule 3 where it has the meaning given to it by regulation 3(1) of the TSE (Wales) Regulations 2002, means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EEC[18];

    "put into circulation" ("rhoi mewn cylchrediad") 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, and in regulations 13(8) and 14 also means import into Wales from a state other than an EEA State;

    "starch" ("starts") means the matter obtained as the result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC;

    "the 2001 Regulations" ("Rheoliadau 2001") means the Feeding Stuffs (Wales) Regulations 2001[19];

    "undesirable substance" ("sylwedd annymunol") means any substance or product, not being a pathogenic agent, which is present in or 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;

    (2) Any reference in these Regulations to a numbered regulation or Schedule must, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

    (3) Where, in any tabular or other entry in a Schedule to these Regulations, a numbered reference to a footnote appears, the footnote so numbered must be treated as included in or amplifying the text to which it relates.

    (4) Any reference in these Regulations to a numbered section must, unless otherwise indicated, be construed as a reference to the section bearing that number in the Act.

    (5) Any reference in these Regulations to a Community instrument must be construed as a reference to that instrument as amended on or before the date that these Regulations are made.

Modification of the Agriculture Act 1970 in relation to all feeding stuffs
    3.—(1) Subsection (1) of section 66 has effect in Wales as if—

    (a) for the definition of "feeding stuff" there were substituted the following definition—

    "feeding stuff" means—

    (a) a product of vegetable or animal 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 or farmed creatures;”;

    (b) for the definition of "pet animal" there were substituted the following definition—

      ""pet animal" means an animal belonging to a species normally nourished and kept, but not consumed, by man, other than an animal bred for fur;".

    (2) Subsection (2) of section 66 has effect in Wales as if the following were substituted for paragraph (b) of that subsection—

      "(b) material shall be treated—

        (i) as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold, to be used by itself, or as an ingredient in something which is to be so used, and

        (ii) as used as a feeding stuff whether it is so used by itself, or as an ingredient in something which is to be so used.

      (c) paragraph (b) shall not apply in any circumstances in which Article 16 (labelling and packaging of feed additives and premixtures) of Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition applies.[20]".

    (3) Sections 73 and 73A have effect in Wales as if, for the words "animals of any description prescribed for the purpose of the definition of "feeding stuff" in section 66(1) of this Act" there were substituted the words "any farmed creatures".

    (4) Section 85 has effect in Wales as if—

    (a) in so far as it relates to delivery outside the United Kingdom, paragraph (a) were omitted; and

    (b) paragraph (b) were omitted.

Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
    4.In relation to feeding stuffs which have been imported, section 69(1) has effect in Wales as if the words "and in either case before it is removed from the premises" were omitted.

Prescribed material
    5.—(1) Subject to paragraph (2), the material prescribed for the purposes of sections 68(1) and 69(1) is any material usable as a feeding stuff.

    (2) For the purposes of these Regulations, section 68(2) does not apply.

Exemption from these Regulations
    6.In so far as provisions of these Regulations implement the Compound Feeding Stuffs Directive (which principally regulate the labelling and packaging of compound feeding stuffs), they do not apply in the circumstances specified in Article 14(c) (relating to animals kept for scientific or experimental purposes) of that Directive.

Revocations
    7.The 2001 Regulations, with the exception of regulation 17A of and paragraph 19 of Schedule 4 to those Regulations, and for the purposes of paragraph 27 of Schedule 3 to these Regulations, Parts I to VIII of the Table to Schedule 3 of the Regulations, are revoked, together with the amending instruments listed in Schedule 9 and to the extent specified in that Schedule.



PART 2

PRESENTATION AND COMPOSITION OF FEEDING STUFFS

Matters required and permitted to be contained in a statutory statement or otherwise declared
    8.Except in respect of additives and premixtures not contained in feeding stuffs, the particulars, information and instructions required or permitted to be contained in a statutory statement or otherwise declared, are as specified in and must comply with the provisions of Schedule 3.

Forms of statutory statement
    9.—(1) Except in the circumstances relating to small quantities of feeding stuffs in Article 5(2) of the Compound Feeding Stuffs Directive and subject to paragraph (2), the statutory statement—

    (a) in the case of any prescribed material delivered in a package or other container; must—

      (i) take the form of a label attached to that package or container; or

      (ii) be clearly marked directly thereon, and

    (b) in the case of such material delivered in bulk, must take the form of a document relating to and accompanying each consignment.

    (2) In the case of any feed material sold in a quantity not exceeding 10 kg, and supplied directly to the final user, the statutory statement may be provided in the form of a notice in writing.

    (3) The particulars, information and instructions required or permitted to be contained in the statutory statement must—

    (a) be clearly separate from any other information;

    (b) subject to paragraphs (5) and (6), be in English; and

    (c) be legible and indelible.

    (4) For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container must be labelled or marked in the manner prescribed in relation to such material in paragraph (1) or, where applicable, (2), and such material in bulk must be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.

    (5) In the case of any compound feeding stuff or feed material which is intended for export to a Member State, the statutory statement must be in one or more official Community languages, as determined by that Member State.

    (6) In the case of any feeding stuff, except a feeding stuff containing an additive in category (d) or (e) of Article 6(1) of the Additives Regulation other than those in the functional groups listed in paragraph 4(a), (b) or (c) of Annex 1 to that Regulation, which is intended for export to an EEA State which is not a Member State, the statutory statement must be in one or more of the official languages of the country of destination.

Limits of variation
    10.—(1) Section 74(2) has effect in Wales as if after the words "this Part of this Act" there were inserted the words "or the Feeding Stuffs (Wales) Regulations 2006".

    (2) For the purposes of section 74, as modified by paragraph (1), the limits of variation in relation to any mis-statement in a statutory statement, document or mark, as to the nature, substance or quality of a feeding stuff where the mis-statement relates to—

    (a) any analytical constituent specified in the first column of—

      (i) Part A of Schedule 4 (where the feeding stuff is a compound feeding stuff not intended for pet animals),

      (ii) Part B of Schedule 4 (where the feeding stuff is a compound pet food), or

      (iii) Part C of Schedule 4 (in the case of a feed material);

    (b) any vitamin or trace element specified in the first column of Part D of that Schedule; or

    (c) the energy value of any feeding stuff specified in the first column of Part E of that Schedule,

are as set out with respect to that constituent or vitamin, trace element or feeding stuff, in the corresponding entry in the second Column of the relevant Part of that Schedule.

    (3) Particulars with respect to any material which are contained in a statutory statement, or in any document, or which are marked on, or denoted by a mark on, the material, must not, for the purposes of Part IV of the Act or of these Regulations, be treated as false by reason of any mis-statement therein as to the nature, substance or quality of the material, if—

    (a) the material was first sold, or otherwise put into circulation in an EEA State;

    (b) the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned; and

    (c) any such limits were in accordance with any applicable European Community legislation.

Assigned meanings for statutory statements or marks
    11.For the purposes of section 70, there is assigned to the expressions "complementary feeding stuff" ("bwyd anifeiliaid cydategol"), "complete feeding stuff" ("bwyd anifeiliaid cyflawn"), "compound feeding stuff" ("bwyd anifeiliaid cyfansawdd"), "milk replacer feed" ("bwyd anifeiliaid sy'n cymryd lle llaeth"), "mineral feeding stuff" ("bwyd anifeiliaid mwynol") and "molassed feeding stuff" ("bwyd anifeiliaid triagl") in each case the meaning given by regulation 2(1) to the expression concerned.

Manner of packaging and sealing compound feeding stuffs
    12.—(1) Subject to paragraphs (2) and (3), no person may put into circulation a compound feeding stuff, unless it is in a bag or container, and that bag or container is sealed in such a way that, when the bag or container is opened, the seal is damaged and cannot be re-used.

    (2) Compound feeding stuffs may be put into circulation in bulk, in unsealed bags or in unsealed containers, in the case of—

    (a) deliveries between producers of compound feeding stuffs or those putting them into circulation;

    (b) deliveries from producers of compound feeding stuffs to packaging enterprises;

    (c) compound feeding stuffs obtained by mixing grain or whole fruit;

    (d) blocks or licks;

    (e) small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision in paragraph (1).

    (3) Compound feeding stuffs may be put into circulation in bulk, or in unsealed containers, but not in unsealed bags, in the case of—

    (a) direct deliveries from the producer to the final user;

    (b) molassed feeding stuffs consisting of less than three feed materials;

    (c) pelleted feeding stuffs.

Control of feed materials
    13.—(1) In this regulation any reference to a numbered Part means a Part of Schedule 2.

    (2) No person may put into circulation any feed material of a description specified in column (3) of Part II under a name other than that specified in the corresponding entry in column (2) of that Part.

    (3) No person may put into circulation any feed material not listed in Part II under a name specified in column (2) of that Part or under a name or term which could otherwise mislead a purchaser as to the real identity of the material.

    (4) Where the name of a feed material listed in column (2) of Part II includes a common name or term listed in column (4) of Part I, no person may put into circulation any such feed material or any compound feeding stuff containing such feed material unless the feed material was prepared by the process specified in columns (2) and (3) of Part I corresponding to that common name or term.

    (5) No person may put into circulation any feed material or any compound feeding stuff containing any feed material, unless—

    (a) in the case of any feed material of a description specified in column (3) of Part II the botanical purity by weight of the feed material is not less than the percentage (if any) specified in relation to it in column (3) of Part II or, if none is specified, is not less than 95% ; or

    (b) in the case of any feed material of a description specified in column (1) of Part III the botanical purity by weight of the feed material is not less than 95% ; and

the feed material also complies with the provisions regarding botanical and chemical purity set out in paragraph 1 of Section II of Part A of the Annex to the Feed Materials Directive.

    (6) No person may use any feed material to bind another feed material, if the quantity of the feed material so used exceeds 3% of the total weight of the feed material bound.

    (7) Without prejudice to sections 73 and 73A, no person may import into Wales from any state which is not an EEA State, supply (otherwise than on sale), have in possession with a view to so supplying or use any feed material which is deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.

    (8) No person may put into circulation or use any feed material which is deleterious to the environment.

    (9) No person may put into circulation any feed material in a manner likely to mislead as to its properties.

    (10) In paragraph (5)(a) "description" ("disgrifiad") is to be taken to exclude any botanical purity requirement, and for the purposes of this regulation and of Schedule 2 "botanical purity" ("purdeb botanegol") must be construed in accordance with paragraph 2 of Section II of Part A of the Annex to the Feed Materials Directive

Control of products intended for animal feed containing undesirable substances
    14.—(1) In this regulation any reference to a column means a column within Schedule 5.

    (2) No person may—

    (a) put into circulation any product intended for animal feed which is specified in column 2; or

    (b) use any such product for animal feed,

if it contains any undesirable substance specified in column 1 in excess of the level specified for it in column 3.

    (3) No person may 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 in excess of the level specified for it in column 3 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.

    (4) No person may mix any product intended for animal feed which is specified in column 2 and which contains any undesirable substance specified in column 1 in excess of the level specified for it in column 3 for the purpose of dilution with any product intended for animal feed.

    (5) No person may 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.

    (6) For the purposes of paragraph (5), a product intended for animal feed which is specified in column 2 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 in excess of the level specified in relation to it in column 3.

    (7) For the purposes of paragraph (3) "feeding stuff" ("bwyd anifeiliaid") includes feeding stuffs for oral feeding to animals living freely in the wild, and "complementary feeding stuff" ("bwyd anifeiliaid cydategol") and "complete feeding stuff" ("bwyd anifeiliaid cyflawn") is construed accordingly.

    (8) Paragraph (9) applies to any person who has in his or her possession or control for the purpose of a trade or business any of the following products intended for animal feed—

    (a) palm kernel expeller;

    (b) feeding stuffs obtained from the processing of fish or other marine animals;

    (c) seaweed meal and feed materials derived from seaweed; or

    (d) complete feeding stuffs for fish or for fur producing animals.

    (9) Any person referred to in paragraph (8) must, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in a product intended for animal feed listed in paragraph (8) is within the limit specified in the relevant entry in column 3.

    (10) Any person who without reasonable excuse fails to comply with a request made under paragraph (9) will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Control of feeding stuffs containing prohibited materials
    15.—(1) No person may put into circulation for use as a feeding stuff, or use as a feeding stuff, any material which contains—

    (a) faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;

    (b) hide treated with tanning substances, including its waste;

    (c) seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;

    (d) wood, sawdust or other materials derived from wood which has been treated with wood preservatives as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market[21];

    (e) subject to paragraph (3), waste (whether or not subjected, or to be subjected, to further processing) obtained from the treatment of "urban waste water" ("dŵ r gwastraff trefol"), "domestic waste water" ("dŵr gwastraff domestig") or "industrial waste water" ("dŵr gwastraff diwydiannol") (as those terms are defined in Article 2 of Council Directive 91/271/EEC concerning urban waste water treatment), whatever the origin of the waste water concerned[22];

    (f) solid urban waste, such as household waste, but excluding catering waste ("gwastraff arlwyo") as defined by Regulation (EC) 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption[23]);

    (g) packaging and parts of packaging from products used in agriculture or the food industry.

    (2) For the purposes of paragraph (1) "waste" ("gwastraff") has the meaning given in Article 1 of Council Directive 75/442/EEC[24].

    (3) For the purposes of paragraph 1(e), the term "waste water" ("dŵr gwastraff") is construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC establishing a list of materials whose circulation or use for animal nutrition purposes is prohibited[25].

Control of certain protein sources
    16.—(1) Subject to paragraphs (3) and (4), no person may sell or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 6, unless that material—

    (a) is named as a permitted product in column 2 of that Schedule; and

    (b) complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 6 of that Schedule.

    (2) Subject to paragraph (3), no person may sell or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the "Candida" variety cultivated on n-alkanes.

    (3) Paragraphs (1) and (2) do not apply in relation to any material or product excluded from application of the Certain Products Directive by Article 16 thereof concerning exports to third countries.

    (4) Paragraph (1) does not apply in the circumstances authorised for derogation by Article 3.2 (concerning scientific or experimental purposes) of the Certain Products Directive.

Control of the iron content of milk replacer feeds
    17.No person may put into circulation any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12% .

Control of ash insoluble in hydrochloric acid in compound feeding stuffs
    18.—(1) No person may put into circulation—

    (a) any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter; or

    (b) subject to paragraph (2), any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.

    (2) Paragraph (1)(b) does not apply to the putting into circulation of any compound feeding stuff which—

    (a) contains permitted mineral binders named or described in the Annex to Commission Directive 2003/57/EC [26];

    (b) is a mineral feeding stuff;

    (c) contains more than 50% of sugar beet chips or sugar beet pulp; or

    (d) is intended for farmed fish and has a fish meal content of more than 15% ,

if the level of ash insoluble in hydrochloric acid is declared in the statutory statement as a percentage of the feeding stuff as such.

Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement
    19.—(1) No person may put into circulation any feeding stuff intended for a particular nutritional purpose unless—

    (a) the particular nutritional purpose in question is specified in column 1 of Chapter A of Schedule 7;

    (b) the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;

    (c) the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;

    (d) it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;

    (e) in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 7 are complied with; and

    (f) the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.

    (2) Schedule 7 has effect as specified in Schedule 3.

Control of additives and premixtures
    20.—(1) No person may contravene or fail to comply with the provisions of the Additives Regulation specified in paragraph (2).

    (2) The provisions referred to in paragraph (1) are—

    (a) Article 3 (placing on the market, processing and use of feed additives), paragraphs (1) to (4), as read with Article 10;

    (b) Article 12 (supervision);

    (c) Article 16, paragraphs (1) to (5), (labelling and packaging of additives and premixtures).

    (3) In any proceedings for an offence under paragraph (2)(a) it is a defence to prove that the act giving rise to the offence—

    (a) is one to which Article 10 of the Additives Regulation applies; and

    (b) would not have been an offence if the 2001 Regulations had been in force at the time the act took place.

    (4) In any proceedings for an offence under paragraph (2)(c) it is a defence to prove that the act giving rise to the offence—

    (a) is one to which Article 25.2 of the Additives Regulation applies; and

    (b) would not have been an offence if the 2001 Regulations had been in force at the time the act took place.

    (5) Notwithstanding the revocation referred to in regulation 7, where before the 18 October 2004 initial comments had been forwarded to the Commission in accordance with regulation 11(2) of the Feeding Stuffs Regulations 2000[27] that application shall be treated in accordance with regulation 11 of those Regulations.

Confidential Information provisions
    21.—(1) Subject to paragraphs (2) and (3), no person may publish or disclose any confidential information that was, prior to the coming into force of these Regulations, obtained by that person in the performance of functions under regulation 11 of the Feeding Stuffs Regulations 2000 ("Rheoliadau Porthiant 2000") without the previous consent in writing of—

    (a) the person who, in accordance with that regulation, made an application for a Community authorisation of, or as the case may be, for a new use of, the additive concerned, or

    (b) that person's assignee or successor to ownership of the confidential information.

    (2) Nothing in paragraph (1) restricts the publication or disclosure of such information for the purpose of the exercise of functions under that regulation.

    (3) Nothing in paragraph (1) prevents the publication or disclosure of confidential information of a type specified in Article 7(2) of the Additives Directive.

    (4) In this regulation, "confidential information"("gwybodaeth gyfrinachol") means information of the type specified in Article 7(1) of the Additives Directive and "additive" ("ychwanegyn") has the meaning given in Article 2 of that Directive.

    (5) A publication or disclosure in contravention of paragraph (1) will be punishable as if it were a disclosure prohibited by section 83 of the Act.



PART 3

ENFORCEMENT

Enforcement of provisions made under section 2(2) of the European Communities Act 1972
    22.In so far as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision is enforceable as if it were made under those provisions of Part IV of the Act under which the other provisions of these Regulations are made, and the provisions of that Part apply accordingly.

Modification of section 74A(3) of the Agriculture Act 1970
    23.—(1) For the purposes of the enforcement and administration of the provisions specified in paragraph (2), section 74A(3) has effect as if for the words "imposed by regulations under subsection (1) above, or fails to comply with any other provision of the regulations," there were substituted the words "or fails to comply with any requirement imposed by any provision specified in regulation 23(2) of the Feeding Stuffs (Wales) Regulations 2006".

    (2) The provisions specified for the purposes of paragraph (1) are regulation 12(1), 13(2) to (9), 14(2) to (5), 15(1), 16(1) and (2), 17, 18(1), 19(1) and 20(1).



PART 4

AMENDMENTS TO OTHER LEGISLATION

Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
    24.—(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999[28] are amended in relation to Wales in accordance with paragraphs (2) to (4).

    (2) In Schedule 2 Part I (general provisions), in sub-paragraph 3(e)(ii) for the words "listed in Schedule 7" to the end of the sub-paragraph substitute the expression "listed in Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006".

    (3) In Annex 1 to Part II of Schedule 2, for the second entry for Starch (polarimetric method) substitute—

    (a) in column 2 the words "Point 1 of Annex 1 to Directive 72/199/EEC (as replaced entirely by the Annex to Directive 1999/79/EC";

    (b) in column 3 the words "OJ No. L123, 29.5.72, p.6. (OJ/SE 1966-1972 supplement p.74). OJ No. L209, 7.8.1999, p.23.".

    (4) In Schedule 3 Part II (notes for completion of certificate), in sub-paragraph (a) of note (11)—

    (a) omit the expression "as amended" through to and including the expression "the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003";

    (b) for the expression "Feeding Stuffs (Wales) Regulations 2001" substitute "Feeding Stuffs (Wales) Regulations 2006".



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[29]


D. Elis-Thomas
The Presiding Officer of the National Assembly

24 January 2006



SCHEDULE 1
Regulation 2(1) and Schedule 3


METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDS


The energy value of compound poultry, ruminant and pig feeds and feeding stuffs intended for particular nutritional purposes for cats and dogs is calculable in accordance with the relevant formulae set out below, on the basis of the percentages of certain analytical components of the feed. After application of these formulae, the results must be given to one decimal place.

Poultry feeds: megajoules (MJ) of metabolisable energy (ME), nitrogen corrected, per kilogram of compound feed.

MJ of ME/kg of feed = 0.1551 × % protein(¹) + 0.3431 × % oil(²) + 0.1669 × % starch(³) + 0.1301 × % total sugar (expressed as sucrose)(4).

Ruminant feeds: megajoules (MJ) of metabolisable energy (ME) per kilogram of dry matter in the compound feed.

MJ of ME/kg of dry matter = 0.14 × % Neutral detergent Cellulase plus Gamanase Digestibility(5) + 0.25 × % oil(²).

Pig feeds: megajoules (MJ) of digestible energy (DE) per kilogram of dry matter in the compound feed.

MJ of DE/kg of dry matter = 17.47 + 0.079 × % protein(¹) + 0.158 × % oil(²)− 0.331 × % ash(6)− 0.140 Neutral Detergent plus Amylase Fibre(5).

NB Where the results of analysis are to be given on a dry matter basis, this may be achieved by analysing either the dried material, or fresh material and correcting for the moisture content.

    (¹) Determined by the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EC[30].

    NB For pig feed the results must be corrected to 100% dry matter.

    (²) Determined by the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC[31].

    NB In ruminant and pig feeds the result must be corrected to 100% dry matter.

    (³) Determined by the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC[32].

    (4) Determined by the method of analysis for sugar specified in Point 12 of the Annex to Directive 71/250/EEC[33].

    (5) Determined by the method detailed in the booklet "Prediction of Energy Values of Compound Feeding Stuffs for Farm Animals" (originally published by the Ministry of Agriculture, Fisheries and Food Publications, now available from the Department of the Environment, Food and Rural Affairs under reference No. PB1285”).

    (6) Determined by the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC[34].

    NB The result must be corrected to 100% dry matter.



SCHEDULE 2
Regulations 2(1) and 13 Schedule 3 Part I paragraphs 7 and 20


CONTROL OF FEED MATERIALS




PART I

PRINCIPAL PROCESSES USED FOR THE PREPARATION OF THE FEED MATERIALS LISTED IN PART II OF THIS SCHEDULE

          ProcessDefinitionCommon name or term
(1)(2)(3)(4)
1Concentration(¹)Increase in certain contents by removing water or other constituentsConcentrate
2Decortication(²)Complete or partial removal of outer layers from grains, seeds, fruits nuts and othersDecorticated, partially decorticated
3DryingDehydration by artificial or natural processesDried (sun or artificially)
4ExtractionRemoval either by organic solvent of fat or oil from certain materials or by aqueous solvent of sugar or other water-soluble components. In the case of the use of organic solvent, the resulting product must be technically free of such solventExtracted (in the case of oil-containing materials), molasses, pulp (in the case of products containing sugar or other water- soluble components)
5ExtrusionPressing of material through an orifice under pressure. (See also pregelatinisation)Extruded
6FlakingRolling of moist heat-treated materialFlakes
7Flour millingPhysical processing of grain to reduce particle size and facilitate separation into constituent fractions (principally flour, bran and middlings)Flour, bran, middlings(³), feed
8HeatingGeneral term covering a number of heat treatments carried out under specific conditions to influence the nutritional value or the structure of the materialToasted, cooked, heat treated
9HydrogenationTransformation of unsaturated glycerides into saturated glycerides (of oils and fats)Hardened, partially hardened
10HydrolysisBreakdown into simpler chemical constituents by appropriate treatment with water and possibly either enzymes or acid/alkaliHydrolysed
11Pressing(4)Removal by mechanical extraction (by a screw or other type of press), with or without a slight heating, of fat/oil from oil-rich materials or of juice from fruits or other vegetable productsExpeller(5) (in case of oil- containing materials) Pulp, pomace (in case of fruits, etc.)Pressed pulp (in case of sugar-beet)
12PelletingSpecial shaping by compression through a diePellet, pelleted
13PregelatinisationModification of starch to improve markedly its swelling properties in cold waterPregelatinised(6), puffed
14RefiningComplete or partial removal of impurities in sugars, oils, fats and other natural materials by chemical/physical treatmentRefined, partially refined
15Wet-millingMechanical separation of the component parts of kernel/grain, sometimes after steeping in water, with or without sulphur dioxide, for the extraction of starchGerm, gluten, starch
16CrushingMechanical processing of grain or other feed materials to reduce their sizeCrushed, crushing
17DesugaringComplete or partial removal of mono- and disaccharides from molasses and other material containing sugar by chemical or physical meansDesugared, partially desugared

(¹) In German "Konzentrieren" may be replaced by "Eindicken" where appropriate, in which case the common qualifier should be "eingedickt".

(²) "Decortication" may be replaced by "dehulling" or "dehusking" where appropriate, in which case the common qualifier should be "dehulled" or "dehusked."

(³) In French the name "issues" may be used.

(4) In French "Pressage" may be replaced by "Extraction mécanique" where appropriate.

(5) Where appropriate the word "expeller" may be replaced by "cake".

(6) In German the qualifier "aufgeschlossen" and the name "Quellwasser" (referring to starch) may be used.



PART II

NON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALS

INTRODUCTORY NOTES
Feed materials are listed and named in this Part according to the following criteria:

    — the origin of the product/by-product used, for example vegetable, animal, mineral,

    — the part of the product/by-product used, for example whole, seeds, tubers, bones,

    — the processing to which the product/by-product has been subjected, for example decortication, extraction, heating and/or the resulting product/by-product, for example flakes, bran, pulp, fat,

    — the maturity of the product/by-product and/or the quality of the product/by-product, for example "low in glocosinolate", "rich in fat". "low in sugar".


1.CEREAL GRAINS, THEIR PRODUCTS AND BY-PRODUCTS

NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
1.01OatsGrains of Avena sativa L. and other cultivars of oats.          
1.02Oat flakesProduct obtained by steaming and rolling dehusked oats. It may contain a small proportion of oat husks.Starch
1.03Oat middlingsBy-product obtained during the processing of screened, dehusked oats into oat groats and flour. It consists principally of oat bran and some endosperm.Fibre
1.04Oat hulls and branBy-product obtained during the processing of screened oats into oat groats. It consists principally of oat hulls and bran.Fibre
1.05BarleyGrains of Hordeum vulgare L.          
1.06Barley middlingsBy-product obtained during the processing of screened, dehusked barley into pearl barley, semolina or flour.Fibre
1.07Barley proteinDried by-product of starch production from barley. It consists principally of protein obtained from starch separation.Protein

Starch

1.08Rice, brokenBy-product of preparation of polished or glazed rice Oryza sativa L. It consists principally of undersized and/or broken grains.Starch
1.09Rice bran (brown)By-product of the first polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.Fibre
1.10Rice bran (white)By-product of the polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.Fibre
1.11Rice bran with calcium carbonateBy-product of the polishing of dehusked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm and germ; it contains varying amounts of calcium carbonate resulting from the polishing process.Fibre

Calcium carbonate

1.12Fodder meal of parboiled riceBy-product of the polishing of dehusked pre-cooked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm, germ; it contains varying amounts of calcium carbonate resulting from the polishing process.Fibre

Calcium carbonate

1.13Ground fodder riceProduct obtained by grinding fodder rice, consisting either of green, chalky or unripe grains, sifted out during the milling of husked rice, or of normal dehusked grains which are yellow or spotted.Starch
1.14Rice germ expellerBy-product of oil manufacture, obtained by pressing of the germ of rice to which parts of the endosperm and testa still adhere.Protein

Fat

Fibre

1.15Rice germ, extractedBy-product of oil manufacture obtained by extraction of the germ of rice to which parts of the endosperm and testa still adhere.Protein
1.16Rice starchTechnically pure rice starch.Starch
1.17MilletGrains of Panicum miliaceum L.          
1.18RyeGrains of Secale cereale L.          
1.19Rye Middlings(¹)By-product of flour manufacture, obtained from screened rye. It consists principally of particles of endosperm, with fine fragments of the outer skins and some grain waste.Starch
1.20Rye feedBy-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which less of the endosperm has been removed than in rye bran.Starch
1.21Rye branBy-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which most of the endosperm has been removed.Fibre
1.22SorghumGrains of Sorghum bicolor (L.) Moench s.l.          
1.23WheatGrains of Triticum aestivum (L.), Triticum durum Desf. and other cultivars of wheat.          
1.24Wheat middlings(²)By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of particles of endosperm with fine fragments of the outer skins and some grain waste.Starch
1.25Wheat feedBy-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in wheat bran.Fibre
1.26Wheat Bran(³)By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which the greater part of the endosperm has been removed.Fibre
1.27Wheat germBy-product of flour milling consisting essentially of wheat germ, rolled or otherwise, to which fragments of endosperm and outer skin may still adhere.Protein

Fat

1.28Wheat glutenDried by-product of the manufacture of wheat starch. It consists principally of gluten obtained during the separation of starch.Protein
1.29Wheat gluten feedBy-product of the manufacture of wheat starch and gluten. It is composed of bran, from which the germ has been partially removed or not, and gluten, to which very small amounts of the components of the screening of the grain as well as very small amount of residues of the starch hydrolysis process may be added.Protein

Starch

1.30Wheat starchTechnically pure starch obtained from wheat.Starch
1.31Pre-gelatinised wheat starchProduct consisting of wheat starch largely expanded by heat treatment.Starch
1.32SpeltGrains of spelt Triticum spelta L., Tricicum dioccum Schrank, Triticum monococcum.          
1.33TriticaleGrains of Triticum X secale hybrid.          
1.34MaizeGrains of Zea mays L.          
1.35Maize middlings(4)By-product of the manufacture of flour or semolina from maize. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in maize bran.Fibre
1.36Maize branBy-product of the manufacture of flour or semolina from maize. It consists principally of outer skins and some maize germ fragments, with some endosperm particles.Fibre
1.37Maize germ expellerBy-product of oil manufacture, obtained by pressing of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.Protein

Fat

1.38Maize germ, extractedBy-product of oil manufacture, obtained by extraction of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.Protein
1.39Maize gluten feed(5)By-product of the wet manufacture of maize starch. It is composed of bran and gluten, to which the broken maize obtained from screening at an amount no greater than 15% of the product and/or the residues of the steeping liquor used for the production of alcohol or other starch-derived products, may be added. The product may also include residues from the oil extraction of maize germs obtained also by a wet process.Protein

Starch

Fat, if > 4.5%

1.40Maize glutenDried by-product of the manufacture of maize starch. It consists principally of gluten obtained during the separation of the starch.Protein
1.41Maize starchTechnically pure starch obtained from maizeStarch
1.42Pre-gelatinised maize starch(6)Product consisting of maize starch largely expanded by heat treatment.Starch
1.43Malt culmsBy-product of malting, consisting mainly of dried rootlets of germinated cereals.Protein
1.44Brewers'dried grainsBy-product of brewing obtained by drying residues of malted and unmalted cereals and other starchy products.Protein
1.45Distiller's dried grains(7)By-product of alcohol distilling obtained by drying solid residues of fermented grain.Protein
1.46Distiller's dark grains(8)By-product of alcohol distilling obtained by drying solid residues of fermented grain to which pot ale syrup or evaporated spent wash has been added.Protein

(¹) Products containing more than 40% starch may be qualified as "rich in starch". They may be referred to in German as "Roggennachmehl".

(²) Products containing more than 40% starch may be qualified as "rich in starch". They may be referred to in German as "Weizennachmehl".

(³) If this ingredient has been subjected to a finer milling the word "fine" may be added to the name of the name may be replaced by a corresponding denomination.

(4) Products containing more than 40% starch may be named as "rich in starch". They may be referred to in German as "Maisnachmehl".

(5) This name may be replaced by "corn gluten feed".

(6) This name may be replaced by "extruded maize starch".

(7) The name may be supplemented by the grain species.

(8) This name may be replaced by "distillers' dried grains and solubles". The name may be supplemented by the grain species.


2.OIL SEEDS, OIL FRUITS, THEIR PRODUCTS AND BY-PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
2.01Groundnut, partially decorticated, expellerBy-product of oil manufacture, obtained by pressing of partially decorticated groundnuts Arachis hypogaea L. and other species of Arachis. (Maximum fibre content 16% in the dry matter)Protein

Fat

Fibre

2.02Groundnut, partially decorticated, extractedBy-product of oil manufacture obtained by extraction of partially decorticated grounds. (Maximum fibre content 16% in the dry matter)Protein

Fibre

2.03Groundnut, decorticated, expellerBy-product of oil manufacture, obtained by pressing of decorticated groundnuts.Protein

Fat

Fibre

2.04Groundnut, decorticated, extractedBy-product of oil manufacture, obtained by extraction of decorticated grounds.Protein

Fibre

2.05Rape seed(¹)Seeds of rape Brassica napus L. ssp. oleifera (Metzg.) Sinsk., of Indian sarson Brassica napus L. Var. Glauca (Roxb.) O.E. Schulz and of rape Brassica napa ssp. oleifera (Metzg). Sinsk. (Minimum botanical purity 94% ).          
2.06Rape seed, expeller(¹)By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94% ).Protein

Fat

Fibre

2.07Rape seed, extracted(¹)By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94% ).Protein
2.08Rape seed hullsBy-product obtained during dehulling of rape seedsFibre
2.09Safflower seed, partially decorticated, extractedBy-product of oil manufacture, obtained by extraction of partially decorticated seeds of safflower Carthamus tinctorius L.Protein

Fibre

2.10Copra expellerBy-product of oil manufacture, obtained by pressing the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm Cocos nucifera L.Protein

Fat

Fibre

2.11Copra, extractedBy-product of oil manufacture, obtained by extraction of the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm.Protein
2.12Palm kernel expellerBy-product of oil manufacture, obtained by pressing of palm kernels Elaeis guineensis Jacq. Corozo oleifera (HBK) L. H. Bailey (Elaeis melanocca auct.) from which as much as possible of the hard shell has been removed.Protein

Fibre

Fat

2.13Palm kernel, extractedBy-product of oil manufacture, obtained by extraction of palm kernels from which as much as possible of the hard shell has been removed.Protein

Fibre

2.14Soya (bean), toastedSoya beans (Glycine max. L. Merr.) subjected to an appropriate heat treatment. (Urease activity maximum 0.4 mg N/g x min.).          
2.15Soya (bean), extracted, toastedBy-product of oil manufacture, obtained from soya beans after extraction and appropriate heat treatment. (Urease activity maximum 0.4mg N/g x min.).Protein

Fibre, if > 8%

2.16Soya (bean), dehulled, extracted, toastedBy-product of oil manufacture, obtained from dehulled soya beans after extraction and appropriate heat treatment. (Maximum fibre content 8% in the dry matter). (Urease activity maximum 0.5mg N/g x min.).Protein
2.17Soya (bean) protein concentrateProduct obtained from dehulled, fat extracted soya beans, subjected to a second extraction to reduce the level of nitrogen-free extract.Protein
2.18Vegetable oil(²)Oil obtained from plants.Moisture, if > 1% .
2.19Soya (bean) hullsBy-product obtained during dehulling of soya beans.Fibre
2.20Cotton seedSeeds of cotton Gossypium spp. from which the fibres have been removed.Protein

Fibre

Fat

2.21Cotton seed, partially decorticated, extractedBy-product of oil manufacture, obtained by extraction of seeds of cotton from which the fibres and part of the husks have been removed. (Maximum fibre 22.5% in the dry matter).Protein

Fibre

2.22Cotton seed expellerBy-product of oil manufacture, obtained by pressing of seeds of cotton from which the fibres have been removed.Protein

Fibre

Fat

2.23Niger seed expellerBy-product of oil manufacture, obtained by pressing of seeds of the niger plant Guizotia abyssinica (Lf) Cass. (Ash insoluble in HC1: maximum 3.4% ).Protein

Fat

Fibre

2.24Sunflower seedSeeds of the sunflower Helianthus annuus L.          
2.25Sunflower seed, extractedBy-product of oil manufacture, obtained by extraction of seeds of the sunflower.Protein
2.26Sunflower seed, partially decorticated, extractedBy-product of oil manufacture, obtained by extraction of seeds of the sunflower from which part of the husks has been removed. (Maximum fibre 27.5% in the dry matter).Protein

Fibre

2.27LinseedSeeds of linseed Linum usitatissimum L. (Minimum botanical purity 93% ).          
2.28Linseed expellerBy-product of oil manufacture, obtained by pressing of linseed. (Minimum botanical purity 93% ).Protein

Fat

Fibre

2.29Linseed, extractedBy-product of oil manufacture, obtained by extraction of linseed. (Minimum botanical purity 93% ).Protein
2.30Olive pulpBy-product of oil manufacture, obtained by extraction of pressed olives Olea europea L. separated as far as possible from parts of the kernel.Protein

Fibre

2.31Sesame seed expellerBy-product of oil manufacture, obtained by pressing of seeds of the sesame plant Sesamum indicum L. (Ash insoluble in HC1: maximum 5% ).Protein

Fibre

Fat

2.32Cocoa bean, partially decorticated, extractedBy-product of oil manufacture, obtained by extraction of dried and roasted cocoa beans Theobroma cacao L. from which part of the husks has been removed.Protein

Fibre

2.33Cocoa husksTeguments of the dried and roasted beans of Theobroma cacao L.Fibre

(¹) Where appropriate the indication "low in glucosinolate" may be added. "Low in glucosinolate" has the meaning given in Community legislation.

(²) The name must be supplemented by the plant species.


3.LEGUME SEEDS, THEIR PRODUCTS AND BY PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
3.01Chick peasSeeds of Cicer arietinum L.          
3.02Guar meal, extractedBy-product obtained after extraction of the mucilage from seeds of Cyanopsis tetragonoloba (L.) Taub.Protein
3.03ErvilSeeds of Ervum ervilia L.          
3.04Chickling vetch(¹)Seeds of Lathyrus sativus L. submitted to an appropriate heat treatment          
3.05LentilsSeeds of Lens culinaris a.o. Medik          
3.06Sweet lupinsSeeds of Lupinus spp. Low in bitter seed content.          
3.07Beans, toastedSeeds of Phaseolus or Vigna spp. submitted to an appropriate heat treatment to destroy toxic lectines.          
3.08PeasSeeds of Pisum spp.          
3.09Pea middlingsBy-product obtained during the manufacture of pea-flour. It consists principally of particles of cotyledon, and to a lesser extent, of skins.Protein

Fibre

3.10Pea branBy-product obtained during the manufacture of pea meal. It is composed mainly of skins removed during the skinning and cleaning of peas.Fibre
3.11Horse beansSeeds of Vicia faba L. spp. faba var. equina Pers. and var. minuta (Alef.) Mansf.          
3.12Monantha vetchSeeds of Vicia monanthos Desf.          
3.13VetchesSeeds of Vicia sativa L. var. sativa and other varieties          

(¹) This name must be supplemented by an indication of the nature of the heat treatment.


4.TUBERS, ROOTS, THEIR PRODUCTS AND BY-PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
4.01(Sugar) beet pulpBy-product of the manufacture of sugar, consisting of extracted and dried pieces of sugar beet Beta vulgaris L. ssp. vulgaris var. altissima Doell. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).Content of ash insoluble in HCl, if > 3.5% of dry matter.

Total sugar calculated as sucrose, if > 10.5% .

4.02(Sugar) beet molassesBy-product consisting of the syrupy residue collected during the manufacture or refining of beet sugar.Total sugar calculated as sucrose.Moisture, if > 28% .
4.03(Sugar) beet pulp, molassedBy-product of the manufacture of sugar comprising dried sugar-beet pulp, to which molasses have been added. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).Total sugar calculated as sucrose.Content of ash insoluble in HC1, if > 3.5% of dry matter
4.04(Sugar) beet vinasseBy-product obtained after the fermentation of beet molasses in the production of alcohol, yeast, citric acid and other organic substances.Protein

Moisture, if > 35%

4.05(Beet) sugar(¹)Sugar extracted from sugar beet.Sucrose
4.06Sweet potatoTubers of Ipomoea batatas (L.) Poir, regardless of their presentation.Starch
4.07Manioc (²)Roots of Manibot esculenta Crantz, regardless of their presentation. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).Starch

Content of ash insoluble in HCl, if 3.5% of dry matter

4.08Manioc starch(³), puffedStarch obtained from manioc roots, greatly expanded by appropriate heat treatment.Starch
4.09Potato pulpBy-product of the manufacture of potato starch (Solanum tuberosum L.).          
4.10Potato starchTechnically pure potato starch.Starch
4.11Potato proteinDried by-product of starch manufacture composed mainly of protein substances obtained after the separation of starch.Protein
4.12Potato flakesProduct obtained by rotary drying of washed, peeled or unpeeled steamed potatoes.Starch

Fibre

4.13Potato juice condensedBy-product of the manufacture of potato starch from which proteins and water have been partly removed.Protein

Ash

4.14Pre-gelatinised potato starchProduct consisting of potato starch largely solubilised by heat treatment.Starch

(¹) This name may be replaced by 'sucrose'.

(²) This name may be replaced by 'tapioca'.

(³) This name may be replaced by 'tapioca starch'.


5.OTHER SEEDS AND FRUITS, THEIR PRODUCTS AND BY-PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
5.01Carob podsProduct obtained by crushing the dried fruits (pods) of the carob tree Ceratonia seliqua L., from which the locust beans have been removed.Fibre
5.02Citrus pulpBy-product obtained by pressing citrus fruit Citrus ssp. during the production of citrus juice.Fibre
5.03Fruit pulp (¹)By-product obtained by pressing pomaceous or stone fruit during the production of fruit juice.Fibre
5.04Tomato pulpBy-product obtained by pressing tomatoes Solanum lycopersicum Karst. during the production of tomato juice.Fibre
5.05Grape pips, extractedBy-product obtained during the extraction of oil from grape pips.Fibre, if > 45%
5.06Grape pulpGrape pulp dried rapidly after the extraction of alcohol from which as much as possible of the stalks and pips have been removed.Fibre, if > 25%
5.07Grape pipsPips extracted from grape pulps, from which the oil has not been removed.Fat

Fibre, if > 45%


(¹) The name may be supplemented by the fruit species.


6.FORAGES AND ROUGHAGE
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
6.01Lucerne meal(¹)Product obtained by drying and milling young lucerne Medicago sativa L. and Medicago var. Martyn. It may contain up to 20% young clover or other forage crops dried and milled at the same time as the lucerne.Protein

Fibre

Ash insoluble in HC1, if > 3.5% of dry matter

6.02Lucerne pomaceDried by-product obtained by pressing of the juice from lucerne.Protein
6.03Lucerne protein concentrateProduct obtained by artificially drying fractions of lucerne press juice, which has been centrifuged and heat treated to precipitate the proteins.Carotene

Protein

6.04Clover meal(¹)Product obtained by drying and milling young clover Trifolium spp. It may contain up to 20% young lucerne or other forage crops dried and milled at the same time as the clover.Protein

Fibre

Ash insoluble in HC1, if > 3.5% of dry matter

6.05Grass meal(¹)(²)Product obtained by drying and milling young forage plants.Protein

Fibre

Ash insoluble in HC1, if > 3.5% of dry matter

6.06Cereals straw (³)Straw of cereals.          
6.07Cereals straw, treated(4)Product obtained by an appropriate treatment of cereals straw.Sodium, if treated with NaOH

(¹) The term "meal" may be replaced by "pellets". The method of drying may be added to the name.

(²) The species of forage crop may be added to the name.

(³) The cereal species must be indicated in the name.

(4) The name must be supplemented by an indication of the nature of the chemical treatment carried out.


7.OTHER PLANTS, THEIR PRODUCTS AND BY-PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
7.01(Sugar) cane molassesBy-product consisting of the syrupy residue collected during the manufacture or refining of sugar from sugar cane Saccharum officinarum L.Total sugar calculated as sucrose

Moisture, if > 30%

7.02(Sugar) cane vinasseBy-product obtained after the fermentation of cane molasses in the production of alcohol, yeast, citric acid or other organic substances.Protein

Moisture, if > 35%

7.03(Cane) sugar(¹)Sugar extracted from sugar cane.Sucrose
7.04Seaweed mealProduct obtained by drying and crushing seaweed, in particular brown seaweed. This product may have been washed to reduce the iodine content.Ash

(¹) This name may be replaced by "sucrose".


8.MILK PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
8.01Skimmed-milk powderProduct obtained by drying milk from which most of the fat has been separated.Protein

Moisture, if > 5%

8.02Buttermilk powderProduct obtained by drying the liquid which remains after butter churning.Protein

Fat

Lactose

Moisture, if > 6%

8.03Whey powderProduct obtained by drying the liquid which remains after cheese, quark and casein making or similar processes.Protein

Lactose

Moisture, if > 8% Ash

8.04Whey powder, low in sugarProduct obtained by drying whey from which the lactose has been partly removed.Protein

Lactose

Moisture, if > 8% Ash

8.05Whey protein powder(¹)Product obtained by drying the protein compounds extracted from whey or milk by chemical or physical treatmentProtein

Moisture, if > 8%

8.06Casein powderProduct obtained from skimmed or buttermilk by drying casein precipitated by means of acids or rennet.Protein

Moisture, if > 10%

8.07Lactose powderThe sugar separated from milk or whey by purification and drying.Lactose

Moisture, if > 5% .


(¹) This name may be replaced by "milk albumin powder".


9.LAND ANIMAL PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
9.01Meat meal(¹)Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content (minimum protein content 50% in dry matter). (Maximum total phosphorus content: 8% ).Protein

Fat

Ash

Moisture, if > 8%

9.02Meat-and-bone meal(¹)Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content.Protein

Fat

Ash

Moisture, if > 8%

9.03Bone mealProduct obtained by heating, drying and finely grinding bones of warm-blooded land animals from which the fat has been largely extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content.Protein

Ash

Moisture, if > 8%

9.04GreavesResidual product of the manufacture of tallow, lard and other extracted or physically removed fats of animal origin.Protein

Fat

Moisture, if > 8%

9.05Poultry meal(¹)Product obtained by heating, drying and grinding by-products from slaughtered poultry. The product must be substantially free of feathers.Protein

Fat

Ash

Ash insoluble in HC1 > 3.3% Moisture, if > 8%

9.06Feather meal, hydrolysedProduct obtained by hydrolysing, drying and grinding poultry feathers.Protein

Ash insoluble in HC1 > 3.4% Moisture, if > 8%

9.07Blood mealProduct obtained by drying the blood of slaughtered warm-blooded animals. The product must be substantially free of foreign matter.Protein

Moisture, if > 8%

9.08Animal fat(²)Product composed of fat from warm-blooded land animals.Moisture, if > 1%

(¹) Products containing more than 13% fat in the dry matter must be qualified as "rich in fat".

(²) This name may be supplemented by a more accurate description of the type of animal fat depending on its origin or production process (tallow, lard, bone fat, etc.).


10.FISH, OTHER MARINE ANIMALS, THEIR PRODUCTS AND BY-PRODUCTS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
10.01Fish meal(¹)Product obtained by processing whole or parts of fish from which part of the oil may have been removed and to which fish solubles may have been re-added.Protein

Fat

Ash, if > 20%

Moisture, if > 8%

10.02Fish solubles, condensedProduct obtained during manufacture of fish meal which has been separated and stabilised by acidification or drying.Protein

Fat

Moisture, if > 5%

10.03Fish oilOil obtained from fish or parts of fish.Moisture if > 1%
10.04Fish oil, refined, hardenedOil obtained from fish or parts of fish which has been refined and subjected to hydrogenation.Iodine number

Moisture, if > 1%


(¹) Products containing more than 75% protein in the dry matter may be qualified as "rich in protein".


11.MINERALS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
11.01Calcium carbonate(¹)Product obtained by grinding sources of calcium carbonate, such as limestone, oyster or mussel shells, or by precipitation from acid solution.Calcium

Ash insoluble in HC1 if > 5%

11.02Calcium and magnesium carbonateNatural mixture of calcium carbonate and magnesium carbonate.Calcium

Magnesium

11.03Calcareous marine algae (Maerl)Product of natural origin obtained from calcareous algae, ground or granulated.Calcium

Ash insoluble in HC1 if > 5%

11.04Magnesium oxideTechnically pure magnesium oxide (MgO).Magnesium
11.05Magnesium sulphateTechnically pure magnesium sulphate (MgSO4.7H2O).Magnesium

Sulphur

11.06Dicalcium phosphate(²)Precipitated calcium monohydrogen phosphate from bones or inorganic sources (CaHPO4.xH2O).Calcium

Total phosphorus

11.07Mono-dicalcium phosphateProduct obtained chemically and composed of equal parts of dicalcium phosphate and mono-calcium phosphate (CaHPO4-Ca(H2PO4)2.H2O.Total phosphorus

Calcium

11.08Defluorinated rock phosphateProduct obtained by grinding purified and appropriately defluorinated natural phosphates.Total phosphorus

Calcium

11.09Degelatinised bone mealDegelatinsed, sterilised and ground bones from which the fat has been removed.Total phosphorus

Calcium

11.11Calcium -magnesium phosphateTechnically pure calcium-magnesium phosphate.Calcium

Magnesium

Total phosphorus

11.12Mono-ammonium phosphateTechnically pure mono-ammonium phosphate (NH4H2PO4).Total nitrogen

Total phosphorus

11.13Sodium chloride(¹)Technically pure sodium chloride or product obtained by grinding natural sources of sodium chloride, such as (rock) and (marine) salt.Sodium
11.14Magnesium propionateTechnically pure magnesium propionate.Magnesium
11.15Magnesium phosphateProduct consisting of technically pure (dibasic) magnesium phosphate (MgHPO4.xH2O).Total phosphorus

Magnesium

11.16Sodium-calcium- magnesium phosphateProduct consisting of sodium-calcium-magnesium phosphate.Total phosphorus

Magnesium

Calcium Sodium

11.17Mono-sodium phosphateTechnically pure mono-sodium phosphate (NaH2PO.H2O).Total phosphorus

Sodium

11.18Sodium bicarbonateTechnically pure sodium bicarbonate (NaHCO3).Sodium

(¹) The nature of the source may be indicated additionally in the name or replace it.

(²) The manufacturing process may be included in the name.


12.MISCELLANEOUS
NumberNameDescriptionCompulsory declarations
(1)(2)(3)(4)
12.01Bakery and pasta products and by-products(¹)Product or by-product obtained from the manufacture of bread, including fine bakers' wares, biscuits or pasta.Starch

Total sugar calculated as sucrose

12.02Confectionery products and by-products (¹)Product or by-product obtained from the manufacture of confectionery including chocolate.Total sugar calculated as sucrose
12.03Products and by-products of pastry and ice-cream making(¹)Product or by-product obtained from the manufacture of pastry, cakes or ice-cream.Starch

Total sugar expressed as sucrose

Fat

12.04Fatty acidsBy-product obtained during the deacidification, by means of lye or by distillation of oils and fats of unspecified vegetable or animal origin.Fat

Moisture, if > 1%

12.05Salts of fatty acids(²)Product obtained by saponification of fatty acids with calcium, sodium or potassium hydroxide.Fat

Ca (or Na or K, when appropriate)


(¹) The name may be amended or supplemented to specify the agri-food process from which the feed material was obtained.

(²) The name may be supplemented by an indication of the salt obtained.



PART III

OTHER FEED MATERIALS

Feed material          Compulsory declaration
          (1)(2)
1.Cereal grains          
2.Products and by-products of cereal grainsStarch, if > 20%

Protein, if > 10%

Fat, if >5%

Fibre

3.Oil seeds, oil fruits          
4.Products and by-products of oil seeds, oil fruitsProtein, if > 10%

Fat, if >5%

Fibre

5.Legume seeds          
6.Products and by-products of legume seedsProtein, if > 10%

Fibre

7.Tubers, roots          
8.Products and by-products of tubers and rootsStarch

Fibre

Ash insoluble in HC1, if > 3.5%

9.Other products and by-products of the sugar beet processing industryFibre, if > 15%

Total sugar, calculated as sucrose

Ash insoluble in HC1, if > 3.5%

10.Other seeds and fruits, their products and by-productsProtein Fibre Fat, if > 10%
11.Forages and roughageProtein, if > 10%

Fibre

12.Other plants, their products and by-productsProtein, if > 10%

Fibre

13.Products and by-products of the sugar cane processing industryFibre, if > 15%

Total sugar calculated as sucrose

14.Milk products and by-productsProtein

Moisture, if > 5%

Lactose, if > 10%

15.Land animal productsProtein, > 10%

Fat, if > 5%

Moisture, if > 8%

16.Fish, other marine animals, their products and by-productsProtein, if > 10%

Fat, if > 5%

Moisture, if > 8%

17.MineralsRelevant minerals
18.MiscellaneousProtein, if > 10%

Fibre

Fat, if > 10%

Starch, if > 30%

Total sugar, calculated as sucrose, if > 10%




SCHEDULE 3
Regulation 8


CONTENTS OF THE STATUTORY STATEMENT OR OTHER DECLARATION (EXCEPT FOR ADDITIVES AND PREMIXTURES NOT CONTAINED IN FEEDING STUFFS)




PART I

    1.The expression "in the case of any compound feeding stuff", wherever it appears in this Schedule, is to be construed as referring to any compound feeding stuff which is put into circulation.

    2.Where any person puts into circulation any feeding stuff to which there has been added in the course of manufacture or preparation for putting into circulation, an additive of any of the kinds specified below (other than as an authorised intermediate product or an authorised medicated pre-mix or an authorised intermediate product within the meaning of Council Directive 90/167/EEC[35]) and which is not excluded from application of the Additives Directive by Article 22 of that Directive (concerning exports to third countries), the following particulars must be contained in the statutory statement—

    (a) for antioxidants, colourants or preservatives—

      (i) if the feeding stuff is a compound feeding stuff other than a pet food, the name of the additive;

      (ii) if the feeding stuff is a pet food and it is not covered by paragraph (iii) below, the words "with antioxidant", "coloured with" or "colourant", or "preservative" or "preserved with", as appropriate, followed by the name of the additive; and

      (iii) if the feeding stuff is a pet food, it is put up in a package having a net weight not exceeding 10 kilograms, its statutory statement contains a reference number by means of which the feeding stuff concerned may be identified, and its manufacturer supplies, on request, details of the name of the additive concerned,—

        (aa) the particulars specified in paragraph (ii) above, or

        (bb) the words "with antioxidant", "coloured with" or "preserved with", as appropriate, followed by the word "EC additives";

    (b) for vitamin A, D or E, the name of the vitamin, and the active substance level (in the case of vitamin A or D) or the alpha-tocopherol level as acetate (in the case of vitamin E), whether naturally present or added, together in either case with an indication of the period during which that level will remain present but where more than one of these vitamins is present, either the period for each or only the shortest of such periods;

    (c) for copper, the name of the additive and the total level of the element, whether naturally present or added;

    (d) for enzymes—

      (i) the names of the active constituents according to their enzymatic activities, as specified in the authorisation concerned;

      (ii) the identification number allotted by the International Union of Biochemistry;

      (iii) the activity units (expressed as activity units per kilogram or activity units per litre);

      (iv) an indication of the period during which the activity units will remain present;

      (v) an indication of any significant characteristics of the enzyme arising during manufacture, as specified in the authorisation concerned; and

      (vi) the EC registration number;

    (e) for micro-organisms—

      (i) the identification of each strain, in accordance with the authorisation;

      (ii) the file number of each strain;

      (iii) the number of colony-forming units (expressed as CFU/kg);

      (iv) the EC registration number;

      (v) an indication of the period during which the colony-forming units will remain present; and

      (vi) an indication of any significant characteristics of the micro-organisms arising during manufacture, as specified in the authorisation concerned.

    3.In relation to the additives specified below the following particulars may be contained in the statutory statement in addition to those required by paragraph 2 above—

    (a) for trace elements other than copper (if the amount present can be determined by the method of analysis specified in Point 3 of the Annex to Directive 78/633/EEC[36] or by some other valid scientific method), the name of the additive and the total level of the element, whether naturally present or added; and

    (b) for vitamins other than vitamins A, D and E, provitamins and substances having a similar chemical effect (if the amount present can be determined by any valid scientific method), the name of the additive, the active substance level, whether naturally present or added, and an indication of the period during which that level will remain present.

    4.Any amount referred to—

    (a) in paragraph 2(c), (3)(a) or 3(b) must be expressed in milligrams per kilogram; and

    (b) in paragraph 2(b) must be expressed in million international units per kilogram, international units per kilogram, milligrams per kilogram or micrograms per kilogram, as appropriate.

    5.By way of exception to paragraph 4(a), any amount referred to in paragraph 2(c), 3(a) or 3(b) may be expressed as a percentage by weight, unless the amount is less than 0.1% by weight, in which case it must be expressed in milligrams per kilogram or micrograms per kilogram as appropriate.

    6.The particulars required or permitted by paragraphs 2 or 3 to be included in the statutory statement may be accompanied (in the case of any additive not being an enzyme or a micro-organism) by the trade name or the EC registration number of any additive named therein.

Warning statements
    7.Where any person puts into circulation any feed material comprising protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement must contain the following declaration—

      "This feed material comprises protein derived from mammalian tissue the feeding of which to ruminants is prohibited".

    8.Where any person puts into circulation any feed material comprising or containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement must contain the following declaration—

      "This feed material comprises protein derived from mammalian tissue the feeding of which to ruminants, all other categories of farmed creatures and equine animals is prohibited".

    9.In the case of any compound feeding stuff containing protein derived from mammalian tissue but containing no mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement must contain the following declaration—

      "This compound feeding stuff contains protein derived from mammalian tissue the feeding of which to ruminants is prohibited".

    10.In the case of any compound feeding stuff containing mammalian meat and bone meal, and intended for animals other than pet animals, the statutory statement must contain the following declaration—

      "This compound feeding stuff contains protein derived from mammalian tissue the feeding of which to ruminants, all other categories of farmed creatures and equine animals is prohibited".

Feed materials
    11.—(1) Subject to paragraphs 12 to 15 in the case of any feed material which is put into circulation by any person, the following particulars must be contained in the statutory statement—

    (2) in the case of any feed material of a kind specified in column (3) of Part II to Schedule 2—

      (i) the corresponding name specified in column (2) of that Part (the inclusion of any word appearing in brackets in that column being optional); and

      (ii) the particulars (if any) specified in relation to the feed material in the corresponding entry in column (4) of that Part;

    (b) in the case of any feed material of a kind specified in column (1) of Part III to Schedule 2—

      (i) its name or description there specified, or a name and description (other than one specified in that column, or in column (2) of Part II to that Schedule) sufficiently specific to indicate the nature of the material, and in conformity with the criteria specified in the Introductory Notes to Part II to that Schedule; and

      (ii) the particulars specified in relation to the feed material in the corresponding entry in column (2) of Part III to that Schedule;

    (c) in the case of any feed material—

      (i) subject to regulation 9(5) as read with Article 6(4) of the Feed Materials Directive, which must be observed where applicable, the words "feed material";

      (ii) the moisture content of the feed material, if it exceeds 14% by weight of the feed material or, where a different percentage is specified in relation to that feed material in Part II or Part III to Schedule 2, if it exceeds that percentage;

      (iii) the moisture content of the feed material, where it does not exceed the relevant percentage specified in paragraph (ii), but a purchaser requests that the moisture content be declared;

      (iv) the level of ash soluble in hydrochloric acid in the feed material, if that level exceeds 2.2% in the dry matter or, where a different percentage is specified in relation to that feed material in Part II or Part III to Schedule 2, if it exceeds that percentage;

      (v) where any other feed material has been used to denature the feed material, the nature and quantity of the other feed material so used;

      (vi) where any other feed material has been used to bind the feed material, the nature of the other feed material so used;

      (vii) the net quantity of the feed material, expressed in units of mass in the case of any solid feed material and, in the case of any liquid feed material, in units of mass or volume;

      (viii) where the feed material is part of a divided batch of feed materials, reference to the original batch; and

      (ix) the name or business name, and the address or registered business address, of the person within the European Economic Area responsible for the particulars specified in this sub-paragraph, if the establishment referred to in paragraph (x) is not responsible for them;

      (x) where the establishment producing the feed material must be approved in accordance with Regulation (EC) No. 1774/2002 of the European Parlament and of the Council laying down health rules concerning animal by-products not intended for human consumption[37]; the name or business name, and the address or registered business address, of the establishment, the approval number, the batch reference number or any other particulars which ensure that the material can be traced.

    12.The particulars specified in paragraph 11(a)(ii) and (b)(ii) and (c)(ii) to (iv) are not required where—

    (a) before the feed material concerned is supplied, the person to whom it is supplied notifies the supplier in writing that those particulars need not be supplied, or

    (b) any feed material of animal or vegetable origin, fresh or preserved, and intended for pet animals, is supplied (in a quantity not exceeding 10 kg) directly to the final user thereof, by a person established in the United Kingdom.

    13.—(1) In the case of any feed material which—

    (a) originated in a third country, and

    (b) is, for the first time, put into circulation in Wales and the European Community,

in the circumstances specified in the introductory paragraph of Article 6(2) of the Feed Materials Directive, provisional details of the particulars specified in paragraph 11(a)(ii), (b)(ii) and (c)(ii) to (iv) may be provided, if the requirements of sub-paragraph (2) below are observed.

    (2) The requirements of this sub-paragraph are observed if—

    (a) the person responsible for giving those particulars gives notification, in advance, of the impending arrival of the feed material in Wales, to an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1A), has the duty to enforce Part IV of the Act at the intended place of arrival;

    (b) the provisional details are accompanied by the following declaration in bold type—

      "provisional data to be confirmed by . . . . . . . . . . . . . . . . . . . . (name and address of the laboratory instructed to carry out the analyses) regarding . . . . . . . . . . . . . . . . . . . . (reference number of the sample to be analysed) before . . . . . . . . . . . . . . . . . . . . date"; and

    (c) the person responsible as mentioned in subparagraph (a) provides the final particulars in question to the person to whom the feed material is supplied, and to the inspector referred to in subparagraph (a), within 10 days of its arrival in Wales.

    (3) Where the requirements of sub-paragraph (2) are observed, the inspector concerned must notify the European Commission that, in relation to the feed material concerned, the provisional particulars concerned have been provided, and to inform the Commission of the nature of those particulars.

    14.—(1) The particulars specified in paragraph 11 are not required in the case of any feed material of animal or vegetable origin, in its natural state, fresh or preserved, and which is not treated with an additive other than any preservative, if the feed material is provided by a farmer-producer to a breeder-user, both of whom carry on business in the United Kingdom.

    (2) For the purposes of this paragraph, "farmer-producer" and "breeder-user" have the same meanings as in the Feed Materials Directive.

    15.—(1) The particulars specified in paragraph 11(a)(ii), (b)(ii), and (c)(ii) to (vii) are not required in the case of any feed material which is a by-product of vegetable or animal origin derived from agro-industrial processing, and which has a moisture content greater than 50% .

    (2) For the purposes of this paragraph, "agro-industrial processing" has the same meaning as in the Feed Materials Directive.

    16.—(1) Subject to sub-paragraph (2), in the case of any feed material which is put into circulation by any person, information may be provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared.

    (2) Any such information provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared must—

    (a) be clearly separated from those particulars;

    (b) relate to objective or quantifiable factors which can be substantiated; and

    (c) not be misleading.

Compound feeding stuffs: general
    17.—(1) Subject to sub-paragraph (2), in the case of any compound feeding stuff, the following particulars must be contained in the statutory statement—

    (a) the description "complete feeding stuff", "complementary feeding stuff", "mineral feeding stuff", "molassed feeding stuff", "complete milk replacer feed" or "complementary milk replacer feed" as appropriate;

    (b) the species or category of animal for which the feeding stuff is intended and directions for the proper use of the feeding stuff, indicating the purpose for which it is intended, except where the feeding stuff is constituted from no more than three ingredients and is clearly described by reference to its ingredients, either in the statutory statement or elsewhere on its package, label or container; and

    (c) the name or trade name and address or registered office of the person established in the European Community responsible for the accuracy of the particulars which, in accordance with this Schedule are required in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared.

    (2) In the case of—

    (a) any pet food, the descriptions "complete pet food" and "complementary pet food" may be used instead of "complete feeding stuff" and "complementary feeding stuff" respectively;

    (b) any feeding stuff for pet animals other than dogs or cats, each of the descriptions "complete feeding stuff" and "complementary feeding stuff" may be replaced by either of the descriptions "compound feeding stuff" or "compound pet food", but in such a case the statutory statement must comply with paragraph 19 below and the provisions relating to complete feeding stuffs in Part II of this Schedule, even if it would not otherwise be required to do so.

    18.In the case of any compound feeding stuff, the following particulars must be declared either in the statutory statement, or elsewhere on the package, label or container (in which case the statutory statement must indicate where they are to be found)—

    (a) the net quantity, expressed in the case of solid products in units of mass, and in the case of liquid products in units of mass or volume;

    (b) the minimum storage life, which must be expressed—

      (i) in the case of microbiologically highly perishable feeding stuffs, by the words "use before. . . . . . . . . . . . . . . . . . . ." followed by the appropriate date (day, month and year), and

      (ii) in all other cases by the words "best before..." followed by the appropriate date (month and year),

    except that, where an expiry date for a period is required to be declared by paragraph 2(b) or 3(b), and is earlier than the appropriate date otherwise required by this paragraph, that expiry date must be used as the appropriate date;

    (c) the batch reference number; and

    (d) the approval or registration number allocated by the relevant enforcement authority to the establishment which manufactured the compound feeding stuff.

    19.—(1) In the case of any compound feeding stuff other than a whole grain mix, the statutory statement—

    (a) must include such declarations of the matters provided for in the columns of Part II of this Schedule as must be included; and

    (b) may include such declarations provided for in the columns of Part II of this Schedule as may be included,

for consistency with Article 5 of the Compound Feeding stuffs Directive.

    (2) In the case of a whole grain mix which is put into circulation, the statutory statement may include such of the declarations provided for in the columns of Part II of this Schedule as may be included for consistency with Article 5 of the Compound Feeding stuffs Directive.

    20.—(1) In the case of any compound feeding stuff other than a whole grain mix, the moisture content must be declared in the statutory statement if it exceeds the following levels—

        milk replacer feeds and other compound feeding stuffs with a milk product content exceeding 40%

        mineral feeding stuffs containing no organic substances 5%

        mineral feeding stuffs containing organic substances 10%

        other compound feeding stuffs 14%

    (2) In the case of a whole grain mix, or a compound feeding stuff with a moisture content not exceeding the limits stated in sub-paragraph (1) which is put into circulation, the moisture content may be declared in the statutory statement.

    21.In the case of any compound feeding stuff having a level of ash insoluble in hydrochloric acid not exceeding the relevant level specified in regulation 18(1)(a) or, as the case may be, (b), that level may be declared in the statutory statement as a percentage of the feeding stuff as such.

    22.In the case of any compound feeding stuff, the following particulars may be included in the statutory statement—

    (a) if the manufacturer is not the person responsible for the labelling particulars, the name or business name and the address or registered business address of the manufacturer;

    (b) an indication of the physical condition of the feeding stuff or the specific processing it has undergone; and

    (c) the date of manufacture, expressed as follows—

      "manufactured . . . . . . . . . . . . . . . . . . . . [days, months or years] before the minimum storage life expiry date indicated . . . . . . . . . . . . . . . . . . . . [place where indicated if not on statutory statement].";

    (d) the identification mark or trade mark of the person responsible for the particulars which, in accordance with this Schedule, are required or permitted in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared;

    (e) the description or trade name of the feeding stuff;

    (f) the price of the feeding stuff; and

    (g) the country of origin or manufacture of the feeding stuff.

    23.—(1) In the particulars required or permitted by paragraphs 18 to 21 and 25 and by paragraph 19 of Schedule 4 to the 2001 Regulations to be set out in the statutory statement—

    (a) unless the paragraph in question specifies some other method of expression, the amounts shown must be expressed in each case as a percentage of the weight of the feeding stuff as such; and

    (b) phosphorus must be expressed as "phosphorus P".

    (2) An expression of an amount as being within a range of percentages set out in the statutory statement will not be regarded as compliance with sub-paragraph (1).

    24.—(1) Subject to sub-paragraph (2), in the case of any compound feeding stuff, information may be provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared.

    (2) Any information provided pursuant to sub-paragraph (1) must—

    (a) be clearly separated from those particulars;

    (b) not be designed to indicate the presence or content of analytical constituents other than those the declaration of which is provided for in this Schedule or in Schedule 7;

    (c) relate to objective or quantifiable factors which can be substantiated;

    (d) not be misleading, in particular by attributing to the feeding stuff effects or properties that it does not possess, or by suggesting that it possesses special characteristics, when all similar feeding stuffs contain similar properties;

    (e) not claim that the feeding stuff will prevent, treat or cure a disease;

    (f) not, in the case of any feeding stuff intended for a particular nutritional purpose, include a generic description other than in the form of the generic term "dietetic";

    (g) not, in the case of any feeding stuff other than one intended for a particular nutritional purpose, include a generic description in that form; and

    (h) not include reference to a particular pathological condition, unless—

      (i) the feeding stuff is intended for a particular nutritional purpose, and

      (ii) the particular nutritional purpose is specified in respect of that feeding stuff in column 1 of Chapter A of Schedule 7 and relates to that condition.

Compound pet food: specific provisions
    25.—(1) In the case of any compound feeding stuff for dogs or cats, all the feed materials must be declared in the statutory statement.

    (2) In the case of any compound feeding stuff for pet animals other than dogs and cats, the feed materials may be declared in the statutory statement, provided where so declared all the feed materials must be included in the declaration.

    (3) Subject to paragraph 29(2) below and paragraph 3 of Chapter B of Schedule 7, feed materials declared in accordance with sub-paragraph (1) or (2) above must be declared either—

    (a) by their specific names, with an indication of the amount of each feed material; or

    (b) by their specific names in descending order by weight; or

    (c) by categories, as described in Part I of Schedule 8, in descending order by weight;

and the use of one of those forms of declaration precludes the use of either of the others, except—

      (i) where the declaration is by categories and any feed material belongs to none of the categories described in Part I of Schedule 8, in which case that feed material, designated by its specific name, must be listed in order by weight in relation to the categories; or

      (ii) in the case of any feeding stuff intended for a particular nutritional purpose, paragraph 29(2) below and paragraph 3 of Chapter B of Schedule 7 require the declaration of any feed material by its specific name, in which case any feed material to which those provisions do not apply may be declared by reference to the category to which it belongs.

    26.Where any declaration under paragraph 25 above or under paragraph 19 of Schedule 4 to the 2001 Regulations is by specific names, any feed material described in column 3 of Part II of Schedule 2 must be declared by the corresponding name specified in column 2 of that Part (the inclusion of any word appearing in brackets in that column being optional).

Complementary feeding stuffs
    27.—(1) In the case of any complementary feeding stuff which, subject to Article 10 of the Additives Regulation, is put into circulation and contains any additive in excess of the maximum content in relation to complete feeding stuffs specified for that additive in the relevant Part of Parts I to VIII of the Table to Schedule 3 to the 2001 Regulations or, as the case may be, in the relevant European Community Regulation, and which is not covered by Article 22 (concerning exports to third countries) of the Additives Directive, the instructions for use in the statutory statement must state, according to the species and age of the animal, the maximum quantity in grams or kilograms of the feeding stuff which, under these Regulations, may be given per animal per day, and must be so formulated that, when they are correctly followed, the final content of the additive in relation to complete feeding stuffs does not exceed the maximum so specified in relation to them.

    (2) Sub-paragraph (1) does apply to any products delivered to manufacturers of compound feeding stuffs or to their suppliers.

Ingredients to which particular attention is drawn
    28.—(1) Subject to sub-paragraph (2), in the case of any compound pet food, or of any feeding stuff intended for a particular nutritional purpose for animals other than pet animals which is put into circulation, particular attention may be drawn in the statutory statement, or elsewhere on the package, label or container, to the presence or low content of one or more ingredients which are essential aspects of the characteristics of the feeding stuff.

    (2) Where particular attention is drawn to the presence or low content of any ingredient, as permitted by sub-paragraph (1), the minimum or maximum content, expressed in terms of the percentage by weight of that ingredient, must be clearly indicated—

    (a) opposite the statement which draws attention to that presence or low content;

    (b) in the list of ingredients; or

    (c) by mentioning that presence or low content and the percentage thereof (by weight) opposite the corresponding category of ingredients.

Feeding stuffs for particular nutritional purposes
    29.—(1) Subject to sub-paragraph (2), in the case of any feeding stuff intended for a particular nutritional purpose which is put into circulation, the following particulars must be contained in the statutory statement—

    (a) the term "dietetic";

    (b) a description of the feeding stuff;

    (c) the particular nutritional purpose of the feeding stuff, as specified in column 1 of Chapter A of Schedule 7;

    (d) the essential nutritional characteristics of the feeding stuff, as specified in column 2 of that Chapter;

    (e) the declarations prescribed in column 4 of that Chapter;

    (f) the declarations, if any, prescribed in column 6 of that Chapter;

    (g) where any declarations prescribed in that column do not include a declaration that it is recommended that the prior opinion of a veterinarian be sought, the words "It is recommended that a specialist's opinion be sought before use"; and

    (h) the recommended length of time for use of the feeding stuff.

    (2) The particulars required by sub-paragraph (1) to be contained in the statutory statement must be declared in accordance with the requirements of paragraphs 3-7 and 9 of Chapter B of Schedule 7.

    30.—(1) Subject to sub-paragraph (2), in the case of any feeding stuff intended for a particular nutritional purpose which is put into circulation, particular attention may be drawn in the statutory statement, or elsewhere on the package, label or container, to the presence or low content of one or more analytical constituents which are essential aspects of the characteristics of the feeding stuff.

    (2) Where particular attention is drawn to the presence or low content of any analytical constituent, as permitted by sub-paragraph (1), the maximum or minimum content, expressed in terms of the percentage by weight of that analytical constituent, must be clearly indicated in the list of analytical constituents.

Permitted protein products
    31.—(1) In the case of any product named as a permitted product in column 2 of Schedule 6, the statutory statement must contain, in addition to any other particulars required by these Regulations, the name specified for that product in column 7 of that Schedule, together with such further particulars as may be specified in that column in relation to it.

    (2) In the case of any compound feeding stuff containing, for use as a protein source, any product named as a permitted product in column 2 of Schedule 6, the statutory statement must contain, in addition to any other particulars required by these Regulations, the name specified for that product in column 7 of that Schedule, together with such further particulars as may be specified in that column in relation to compound feeding stuffs containing that product.



PART II

DECLARATION OF ANALYTICAL CONSTITUENTS

Feeding stuffsAnalytical constituents and levelsSpecies or category of animal
                    Compulsory declarationsOptional declarations
Column 1Column 2Column 3Column 4
Complete feeding stuffs— Protein}}
          — Oils and fats

— Fibre

} Animals except pets other than dogs and cats}Pets other than dogs and cats
          — Ash}}
          — LysinePigsAnimals other than pigs
          — MethioninePoultryAnimals other than poultry
          — Cystine. . . . . . . . . . . . . . . . . . . .}
          — Threonine. . . . . . . . . . . . . . . . . . . .} All animals
          — Tryptophan. . . . . . . . . . . . . . . . . . . .}
          — Energy value. . . . . . . . . . . . . . . . . . . .Poultry (calculated according to EEC method— see Schedule 1)
                    . . . . . . . . . . . . . . . . . . . .Pigs and ruminants (calculated according to national official methods— see Schedule 1)
          — Starch. . . . . . . . . . . . . . . . . . . .}
          — Total sugar (as sucrose). . . . . . . . . . . . . . . . . . . .}
          Total sugar plus starch. . . . . . . . . . . . . . . . . . . .}
          — Calcium. . . . . . . . . . . . . . . . . . . .} All animals
          — Sodium. . . . . . . . . . . . . . . . . . . .}
          — Magnesium. . . . . . . . . . . . . . . . . . . .}
          — Potassium. . . . . . . . . . . . . . . . . . . .}
          — PhosphorusFish except ornamental fishAnimals other than fish except ornamental fish
Complementary feeding stuffs— Mineral— Protein. . . . . . . . . . . . . . . . . . . .}
          — Fibre. . . . . . . . . . . . . . . . . . . .}
          — Ash. . . . . . . . . . . . . . . . . . . .}
          — Oils and fats. . . . . . . . . . . . . . . . . . . .} All animals
          — Lysine. . . . . . . . . . . . . . . . . . . .}
          — Methionine. . . . . . . . . . . . . . . . . . . .}
          — Cystine. . . . . . . . . . . . . . . . . . . .}
          — Threonine. . . . . . . . . . . . . . . . . . . .}
          — Tryptophan. . . . . . . . . . . . . . . . . . . .}
          — Calcium}          
          — Phosphorus} All animals          
          — Sodium}          
          — MagnesiumRuminantsAnimals other than ruminants
          — Potassium. . . . . . . . . . . . . . . . . . . .All animals
Complementary feeding stuffs— MolassedProtein}
          — Fibre} All animals          
          — Total sugar (as sucrose)}          
          — Ash}          
          — Oils and fats. . . . . . . . . . . . . . . . . . . .All animals
          — Calcium. . . . . . . . . . . . . . . . . . . .}
          — Phosphorus. . . . . . . . . . . . . . . . . . . .} All animals
          — Sodium. . . . . . . . . . . . . . . . . . . .}
          — Potassium. . . . . . . . . . . . . . . . . . . .}
          — Magnesium ≥ 0.5% RuminantsAll animals other than ruminants
          < 0.5% . . . . . . . . . . . . . . . . . . . .All animals
Complementary feeding stuffs— Other— Protein}}
          — Oils and fats

— Fibre

} Animals except pets other than dogs and cats} Pets other than dogs and cats
          — Ash}}
          — Calcium ≥ 5% Animals other than petsPets
          < 5% . . . . . . . . . . . . . . . . . . . .All animals
          — Phosphorus ≥ 2% Animals other than petsPets
          < 2% . . . . . . . . . . . . . . . . . . . .All animals
          — Magnesium ≥ 0.5% RuminantsAnimals other than ruminants
          < 0.5% . . . . . . . . . . . . . . . . . . . .}
          — Sodium. . . . . . . . . . . . . . . . . . . .} All animals
          — Potassium. . . . . . . . . . . . . . . . . . . .}
          — Energy value. . . . . . . . . . . . . . . . . . . .Poultry (declaration according to EEC method— see Schedule 1)
                    . . . . . . . . . . . . . . . . . . . .Pigs and ruminants (declaration according to national official methods— see Schedule 1)
          — LysinePigsAnimals other than pigs
          — MethioninePoultryAnimals other than poultry
          — Cystine. . . . . . . . . . . . . . . . . . . .}
          — Threonine. . . . . . . . . . . . . . . . . . . .}
          — Tryptophan. . . . . . . . . . . . . . . . . . . .} All animals
          — Starch. . . . . . . . . . . . . . . . . . . .}
          — Total sugar (as sucrose). . . . . . . . . . . . . . . . . . . .}
          — Total sugar plus starch. . . . . . . . . . . . . . . . . . . .}



SCHEDULE 4
Regulation 10


LIMITS OF VARIATION




PART A

COMPOUND FEEDING STUFFS EXCEPT THOSE FOR PETS

Analytical constituentsLimits of variation (absolute value in percentage by weight, except where otherwise specified)
AshIf present in excess—

2 for declarations of 10% or more

20% of the amount stated for declarations of 5% or more but less than 10%

1 for declarations of less than 5%

In the case of deficiency—

3 for declarations of 10% or more

30% of the amount stated for declarations of 5% or more but less than 10%

1.5 for declarations less than 5%

Ash insoluble in hydrochloric acidIf present in excess—

2 for declarations of 10% or more

20% of the amount stated for declarations of 4% or more but less than 10%

1 for declarations of less than 4%

CalciumIf present in excess—

3.6 for declarations of 16% or more

22.5% of the amount stated for declarations of 12% or more but less than 16%

2.7 for declarations of 6% or more but less than 12%

45% of the amount stated for declarations of 1% or more but less than 6%

0.45 for declarations less than 1%

In case of deficiency—

1.2% for declarations of 16% or more

7.5% of the amount stated for declarations of 12% or more but less than 16%

0.9 for declarations of 6% or more but less than 12%

15% of the amount stated for declarations of 1% or more but less than 6%

0.15 for declarations less than 1%

CystineIn case of deficiency—

30% of the amount stated

FibreIf present in excess—

1.8 for declarations of 12% or more

15% of the amount stated for declarations of 6% or more but less than 12%

0.9 for declarations of less than 6%

In case of deficiency—

5.4 for declarations of 12% or more

45% of the amount stated for declarations of 6% or more but less than 12%

2.7 for declarations of less than 6%

LysineIn case of deficiency—

30% of the amount stated

MagnesiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 7.5% or more but less than 15%

2.25 for declarations of 5% or more but less than 7.5%

45% of the amount stated for declarations of 0.7% or more but less than 5%

0.3 for declarations less than 0.7%

In case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 7.5% or more but less than 15%

0.75 for declarations of 5% or more but less than 7.5%

15% of the amount stated for declarations of 0.7% or more but less than 5%

0.1 for declarations less than 0.7%

MethionineIn case of deficiency—

30% of the amount stated

MoistureIf present in excess—

1 for declarations of 10% or more

10% of the amount stated for declarations of 5% or more but less than 10%

0.5 for declarations less than 5%

Oils and fatsIf present in excess—

3 for declarations of 15% or more

20% of the amount stated for declarations of 8% or more but less than 15%

1.6 for declarations less than 8%

In case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 8% or more but less than 15%

0.8 for declarations less than 8%

PhosphorusIf present in excess—

3.6 for declarations of 16% or more

22.5% of the amount stated for declarations of 12% or more but less than 16%

2.7 for declarations of 6% or more but less than 12%

45% of the amount stated for declarations of 1% or more but less than 6%

0.45 for declarations less than 1%

In case of deficiency—

1.2 for declarations of 16% or more

7.5% of the amount stated for declarations of 12% or more but less than 16%

0.9 for declarations of 6% or more but less than 12%

15% of the amount stated for declarations of 1% or more but less than 6%

0.15 for declarations less than 1%

PotassiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 7.5% or more but less than 15%

2.25 for declarations of 5% or more but less than 7.5%

45% of the amount stated for declarations of 0.7% or more but less than 5%

0.3 for declarations less than 0.7%

In case of deficiency—

1.5% for declarations of 15% or more

10% of the amount stated for declarations of 7.5% or more but less than 15%

0.75 for declarations of 5% or more but less than 7.5%

15% of the amount stated for declarations of 0.7% or more but less than 5%

0.1 for declarations less than 0.7%

ProteinIf present in excess—

4 for declarations of 20% or more

20% of the amount stated for declarations of 10% or more but less than 20%

2 for declarations less than 10%

In case of deficiency—

2 for declarations of 20% or more

10% of the amount stated for declarations of 10% or more but less than 20%

1 for declarations less than 10%

SodiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 7.5% or more but less than 15%

2.25 for declarations of 5% or more but less than 7.5%

45% of the amount stated for declarations of 0.7% or more but less than 5%

0.3 for declarations less than 0.7%

In case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 7.5% or more but less than 15%

0.75 for declarations of 5% or more but less than 7.5%

15% of the amount stated for declarations of 0.7% or more but less than 5%

0.1 for declarations less than 0.7%

Starch and total sugar plus starchIf present in excess—

5 for declarations of 25% or more

20% of the amount stated for declarations of 10% or more but less than 25%

2 for declarations less than 10%

In case of deficiency—

2.5 for declarations of 25% or more

10% of the amount stated for declarations of 10% or more but less than 25%

1 for declarations less than 10%

ThreonineIn case of deficiency—

30% of the amount stated

Total sugarIf present in excess—

4 for declarations of 20% or more

20% of the amount stated for declarations of 10% or more but less than 20%

2 for declarations less than 10%

In case of deficiency—

2 for declarations of 20% or more

10% of the amount stated for declarations of 10% or more but less than 20%

1 for declarations less than 10%

TryptophanIn case of deficiency—

30% of the amount stated




PARTB

COMPOUND PET FOODS

Analytical constituentsLimits of variation (absolute value in percentage by weight, except where otherwise specified)
AshIf present in excess—

1.5 for all declarations

In the case of deficiency—

4.5 for all declarations

Ash insoluble in hydrochloric acidIf present in excess—

1.5 for all declarations

CalciumIf present in excess—

3.6 for declarations of 16% or more

22.5% of the amount stated for declarations of 12% or more but less than 16%

2.7 for declarations of 6% or more but less than 12%

45% of the amount stated for declarations of 1% or more but less than 6%

0.45 for declarations less than 1%

In case of deficiency—

1.2 for declarations of 16% or more

7.5% of the amount stated for declarations of 12% or more but less than 16%

0.9 for declarations of 6% or more but less than 12%

15% of the amount stated for declarations of 1% or more but less than 6%

0.15 for declarations less than 1%

CystineIn case of deficiency—

30% of the amount stated

FibreIf present in excess—

1 for all declarations

In case of deficiency— 3 for all declarations

LysineIn case of deficiency—

30% of the amount stated

MagnesiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 7.5% or more but less than 15%

2.25 for declarations of 5% or more but less than 7.5%

45% of the amount stated for declarations of 0.7% or more but less than 5%

0.3 for declarations less than 0.7%

In case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 7.5% or more but less than 15%

0.75 for declarations of 5% or more but less than 7.5%

15% of the amount stated for declarations of 0.7% or more but less than 5%

0.1 for declarations less than 0.7%

MethionineIn case of deficiency—

30% of the amount stated

Oils and fatsIf present in excess—

5 for all declarations

In case of deficiency—

2.5 for all declarations

PhosphorusIf present in excess—

3.6 for declarations of 16% or more

22.5% of the amount stated for declarations of 12% or more but less than 16%

2.7 for declarations of 6% or more but less than 12%

45% of the amount stated for declarations of 1% or more but less than 6%

0.45 for declarations less than 1%

In case of deficiency—

1.2 for declarations of 16% or more

7.5% of the amount stated for declarations of 12% or more but less than 16%

0.9 for declarations of 6% or more but less than 12%

15% of the amount stated for declarations of 1% or more but less than 6%

0.15 for declarations less than 1%

PotassiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 7.5% or more but less than 15%

2.25 for declarations of 5% or more but less than 7.5%

45% of the amount stated for declarations of 0.7% or more but less than 5%

0.3 for declarations less than 0.7%

In case of deficiency—

1.5% for declarations of 15% or more

10% of the amount stated for declarations of 7.5% or more but less than 15%

0.75 for declarations of 5% or more but less than 7.5%

15% of the amount stated for declarations of 0.7% or more but less than 5%

0.1 for declarations less than 0.7%

ProteinIf present in excess—

6.4 for declarations of 20% or more

32% of the amount stated for declarations of 12.5% or more but less than 20%

4 for declarations less than 12.5%

In case of deficiency—

3.2 for declarations of 20% or more

16% of the amount stated for declarations of 12.5% or more but less than 20%

2 for declarations less than 12.5%

SodiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 7.5% or more but less than 15%

2.25 for declarations of 5% or more but less than 7.5%

45% of the amount stated for declarations of 0.7% or more but less than 5%

0.3 for declarations less than 0.7%

In case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 7.5% or more but less than 15%

0.75 for declarations of 5% or more but less than 7.5%

15% of the amount stated for declarations of 0.7% or more but less than 5%

0.1 for declarations less than 0.7%

Starch and total sugar plus starchIf present in excess—

5 for declarations of 25% or more

20% of the amount stated for declarations of 10% or more but less than 25%

2 for declarations less than 10%

In case of deficiency—

2.5 for declarations of 25% or more

10% of the amount stated for declarations of 10% or more but less than 25%

1 for declarations less than 10%

Total sugarIf present in excess—

4 for declarations of 20% or more

20% of the amount stated for declarations of 10% or more but less than 20%

2 for declarations less than 10%

In case of deficiency—

2 for declarations of 20% or more

10% of the amount stated for declarations of 10% or more but less than 20%

1 for declarations less than 10%

ThreonineIn case of deficiency—30% of the amount stated
TryptophanIn case of deficiency—30% of the amount stated



PARTC

FEED MATERIALS

Analytical constituentsLimits of variation (absolute value in percentage by weight, except where otherwise specified)
Acid indexIf present in excess—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 2% or more but less than 15%

0.2 for declarations less than 2%

AshIf present in excess—

3 for declarations of 10% or more

30% of the amount stated for declarations of 5% or more but less than 10%

1.5 for declarations less than 5%

Ash insoluble in hydrochloric acidIf present in excess—

10% of the amount stated for declarations of 3% or more

0.3 for declarations less than 3%

CalciumIn case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 2% or more but less than 15%

0.2 for declarations less than 2%

Calcium carbonateIf present in excess—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 2% or more but less than 15%

0.2 for declarations less than 2%

CaroteneIn case of deficiency—

30% of the amount stated

Chlorides expressed as NaClIf present in excess—

10% of the amount stated for declarations of 3% or more

0.3 for declarations less than 3%

FibreIf present in excess—

2.1 for declarations of 14% or more

15% of the amount stated for declarations of 6% or more but less than 14%

0.9 for declarations less than 6%

InulinIn case of deficiency—

3 for declarations of 30% or more

10% of the amount stated for declarations of 10% or more but less than 30%

1 for declarations less than 10%

LysineIn case of deficiency—

20% of the amount stated

MagnesiumIn case of deficiency—

1.5% for declarations of 15% or more

10% of the amount stated for declarations of 2% or more but less than 15%

0.2 for declarations less than 2%

Matter insoluble in light petroleumIf present in excess—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 2% or more but less than 15%

0.2 for declarations less than 2%

MethionineIn case of deficiency—

20% of the amount stated

MoistureIf present in excess—

1 for declarations of 10% or more

10% of the amount stated for declarations of 5% or more but less than 10%

0.5 for declarations less than 5%

Oil and FatIf present in excess—

3.6 for declarations of 15% or more

24% of the amount stated for declarations of 5% or more but less than 15%

1.2 for declarations less than 5%

In case of deficiency—

1.8 for declarations of 15% or more

12% of the amount stated for declarations of 5% or more but less than 15%

0.6 for declarations less than 5%

PhosphorusIn case of deficiency—

1.5 for declarations of 15% or more

10% of the amount stated for declarations of 2% or more but less than 15%

0.2 for declarations less than 2%

ProteinIn case of deficiency—

2 for declarations of 20% or more

10% of the amount stated for declarations of 10% or more but less than 20%

1 for declarations less than 10%

Protein equivalent of uric acidIf present in excess—

1.25, or 25% of the amount stated, whichever is the greater

SodiumIf present in excess—

4.5 for declarations of 15% or more

30% of the amount stated for declarations of 2% or more but less than 15%

0.6 for declarations less than 2%

StarchIn case of deficiency—

3 for declarations of 30% or more

10% of the amount stated for declarations of 10% or more but less than 30%

1 for declarations less than 10%

Sugar (total sugars, reducing sugars, sucrose, lactose, glucose (dextrose))If present in excess—

4 for declarations of 20% or more

20% of the amount stated for declarations of 5% or more but less than 20%

1 for declarations less than 5%

In case of deficiency—

2 for declarations of 20% or more

10% of the amount stated for declarations of 5% or more but less than 20%

0.5 for declarations less than 5%

Volatile nitrogenous basesIn case of deficiency—

20% of the amount stated

XanthophyllIn case of deficiency—

30% of the amount stated




PARTD

VITAMINS AND TRACE ELEMENTS

Vitamin/Trace ElementLimits of variation
Cobalt± 50% of the amount stated
Copper± 30% of the amount stated for declarations above 200 mg/kg

± 50% of the amount stated for declarations up to and including 200 mg/kg

Iodine± 50% of the amount stated
Iron± 30% of the amount stated for declarations of 250 mg/kg or more

± 50% of the amount stated for declarations less than 250 mg/kg

Manganese± 50% of the amount stated
Molybdenum± 50% of the amount stated
Selenium± 50% of the amount stated
Vitamins D2 and D3± 30% of the amount stated for declarations above 4000 IU/kg

± 50% of the amount stated for declarations up to and including 4000 IU/kg

Vitamins other than D2 and D3In case of deficiency—30% of the amount stated
Zinc± 50% of the amount stated



PARTE

ENERGY VALUE OF COMPOUND FEEDING STUFFS

Feeding stuffLimits of variation
Compound feeding stuffs for poultry± 0.7 MJ/kg (absolute value)
Compound feeding stuffs for ruminants± 7.5% of the amount stated
Compound feeding stuffs for pigs± 7.5% of the amount stated
Feeding stuffs for particular nutritional purposes for cats and dogs± 15% of the amount stated



SCHEDULE 5
Regulation 14


PRESCRIBED LIMITS FOR UNDESIRABLE SUBSTANCES


Column 1Column 2Column 3
Undesirable substancesProducts intended for animal feedMaximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
CHAPTER A
   
ArsenicFeed materials except:2
          — meal made from grass, from dried lucerne and from dried clover and dried sugar beet pulp and dried molasses sugar beet pulp4
          — palm kernel expeller4 (of which the content of inorganic arsenic must be less than 2)
          — phosphates and calcareous marine algae10
          — calcium carbonate15
          — magnesium oxide20
          — feeding stuffs obtained from the processing of fish or other marine animals15 (of which the content of inorganic arsenic must be less than 2)
          — seaweed meal and feed materials derived from seaweed40 (of which the content of inorganic arsenic must be less than 2)
          Complete feeding stuffs except:2
          — complete feeding stuffs for fish and fur-producing animals6 (of which the content of inorganic arsenic must be less than 2)
          Complementary feeding stuffs except:4
          — mineral feeding stuffs12
                    Note in respect of all entries in column 3
                    The maximum levels refer to total arsenic
CadmiumFeed materials of vegetable origin1
          Feed materials of animal origin (with the exception of feeding stuffs for pets)2
          Phosphates10
          Complete feeding stuffs for cattle, sheep and goats (with the exception of complete feeding stuffs for calves, lambs and kids)1
          Other complete feeding stuffs (with the exception of feeding stuffs for pets)0.5
          Mineral feeding stuffs5
          Other complementary feeding stuffs for cattle, sheep and goats0.5
Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997))All feed materials of plant origin including vegetable oils and by-products0.75 ng WHO-PCDD/F-TEQ/kg
          Minerals as listed in Section 11 of Part II of Schedule 21.0 ng WHO-PCDD/F-TEQ/kg
          Kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite, synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the group "binders, anti-caking agents and coagulants" authorised under the Additives Directive or the Additives Regulation0.75 ng WHO-PCDD/F-TEQ/kg
          Animal fat, including milk fat and egg fat2.0 ng WHO-PCDD/F-TEQ/kg
          Other land animal products including milk and milk products and eggs and egg products0.75 ng WHO-PCDD/F-TEQ/kg
          Fish oil6 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% fat1.25 ng WHO-PCDD/F-TEQ/kg
          Compound feeding stuffs, with the exception of feeding stuffs for fur animals, pet foods and feeding stuffs for fish0.75 ng WHO-PCDD/F-TEQ/kg
          Feeding stuffs for fish and pet foods2.25 ng WHO-PCDD/F-TEQ/kg
          Fish protein hydrolysates containing more than 20% fat2.25 ng WHO-PCDD/F-TEQ/kg
          Note in respect of the entry in Column 2 relating to fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fat

Fresh fish directly delivered and used without intermediate processing for the production of feeding stuffs for fur animals is exempted from the maximum limit and a maximum level of 4.0 ng WHO-PCDD/F-TEQ/kg product is 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 animals, pet animals, zoo and circus animals) cannot enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food.

Note in respect of all the entries in Column 3

Upper-bound concentrations; upper- bound concentrations are calculated assuming that all values of the different congeners less than the limit of quantification are equal to the limit of quantification

FluorineFeed materials except:150
          — feeding stuffs of animal origin with the exception of marine crustaceans such as marine krill500
          — phosphates and marine crustaceans such as marine krill2000
          — calcium carbonate350
          — magnesium oxide600
          — calcareous marine algae1000
          Complete feeding stuffs except:150
          — complete feeding stuffs for cattle, heep and goats          
          — in milk30
          — other50
          — complete feeding stuffs for pigs100
          — complete feeding stuffs for poultry350
          — complete feeding stuffs for chicks250
          Mineral mixtures for cattle, sheep and goats2000
          Other complementary feeding stuffs125 (fluorine content per percentage point phosphorus in the feeding stuff)
LeadFeed materials except:10
          — grass meal, lucerne meal or clover meal40
          — calcium carbonate0
          — phosphates and calcareous marine algae15
          — yeast5
          Complete feeding stuffs5
          Complementary feeding stuffs except:10
          — mineral feeding stuffs15
MercuryFeed materials except:0.1
          — feed materials produced by the processing of fish or other marine animals0.5
          Complete feeding stuffsexcept:0.1
          — complete feeding stuffs for dogs or cats0.4
          Complementary feeding stuffs (with the exception of complementary feeding stuffs for dogs and cats)0.2
NitratesFish meal60 (expressed as sodium nitrite)
          Complete feeding stuffs except feeding stuffs intended for pets other than birds and aquarium fish15 (expressed as sodium nitrite)
CHAPTER B
   
Aflatoxin B1All feed materials0.02
          Complete feeding stuffs for cattle, sheep and goats except:0.02
          — dairy animals0.005
          — calves and lambs0.01
          Complete feeding stuffs for pigs and poultry (except piglets and chicks)0.02
          Other complete feeding stuffs0.01
          Complementary feeding stuffs for cattle, sheep and goats (except complementary feeding stuffs for dairy animals, calves and lambs)0.02
          Complementary feeding stuffs for pigs and poultry (except piglets and chicks)0.02
          Other complementary feeding stuffs0.005
Castor oil plant Ricinus communis L.All feeding stuffs10 (expressed in terms of castor oil plant husks)
Crotalaria spp.All feeding stuffs100
Free GossypolFeed materials except:20
          — cotton-seed5000
          — cotton-seed cakes1200
          Complete feeding stuffs except:20
          — complete feeding stuffs for cattle, sheep and goats500
          — complete feeding stuffs for poultry (except laying hens) and calves100
          — complete feeding stuffs for rabbits and pigs (except piglets)60
Hydrocyanic acidFeed materials except:50
          — linseed250
          — linseed cakes350
          — manioc products and almond cakes100
          Complete feeding stuffs except:50
          — complete feeding stuffs for chicks10
Rye Ergot Claviceps purpureaAll feeding stuffs containing unground cereals1000
CHAPTER C
   
Apricots— Prunus armeniaca L.}            {          
Bitter almond— Prunus dulcis (Mill.) D.A.Webb var. amara (DC.) Focke (= Prunus amygdalus Batsch var. amara (DC.) Focke)}            {          
Unhusked beech mast — Fagus silvatica (L.) Camelina-Camelina sativa (L.) Cranz}            {          
Mowrah, bassia, madhuca— Madhuca longifolia (L.) Macbr. ( = Bassia longifolia L = Illipe malabrorum Engl.) Madhuca indica Gmelin. (= Bassia latifolia (Rosch.) F. Mueller)} All feeding stuffs {Seeds and fruits of the plant species listed opposite as well as their processed derivatives may only be present in feeding stuffs in trace amounts not quantitatively determinable
Purghera— Jatropha curcas L.}            {          
Croton— Croton tiglium L.Indian mustard— Brassica juncea (L.) Czern. and Coss. ssp. integrifolia (West.) Thell}            {          
Sareptian mustard— Brassica juncea (L.) Czern. and Coss. ssp. junceaChinese mustard— Brassica juncea (L.) Czern. and Coss. ssp. juncea var. lutea Batalin}            {          
Black mustard— Brassica nigra (L.) Koch}            {          
Ethiopian mustard— Brassica carinata A Braun}            {          
TheobromineComplete feeding stuffs except:300
          — complete feeding stuffs for adult cattle700
Vinylthiooxazolidone (Vinyloxyzolidine thione)Complete feeding stuffs for poultry except:1000
          — complete feeding stuffs for laying hens500
Volatile mustard oilFeed materials except:100
          — rape-seed cakes4000 (expressed as allyl isothiocyanate)
          Complete feeding stuffs except:150 (expressed as allyl isothiocyanate)
          — complete feeding stuffs for cattle, sheep and goats (except calves, lambs and kids)1000 (expressed as allyl isothiocyanate)
          — complete feeding stuffs for pigs (except piglets) and poultry500 (expressed as allyl isothiocyanate)
Weed seeds and unground and uncrushed fruit containing alkaloids, glucosides or other toxic substances separately or in combination including:All feeding stuffs3000
(a) Lolium temulentum L.

          1000
(b) Lolium remotum Schrank

          1000
(c) Datura stramonium L.

          1000
CHAPTER D
   
Aldrin } singly, or combinedAll feeding stuffs except fats0.01

0.2

Dieldrin } expressed as dieldrin                    
Camphechlor (Toxaphene)All feeding stuffs0.1
Chlordane (sum of cis- and trans-isomers and of oxychlordane, expressed as Chlordane)All feeding stuffs

except fats

0.02

0.05

DDT (sum of DDT, TDE and DDE isomers, expressed as DDT)All feeding stuffs

except fats

0.05

0.5

Endosulphan (sum of alpha- and beta-isomers and of endosulphan sulphate, expressed as endosulphan)All feeding stuffs except—0.1
          maize and the products derived from the processing thereof0.2
          — oilseeds and the products derived from the processing thereof0.5
          — complete feeding stuffs for fish0.005
Endrin (sum of endrin and delta-keto- endrin, expressed as endrin)All feeding stuffs

except fats

0.01

0.05

Heptachlor (sum of heptachlor and of heptachlor-epoxide, expressed as heptachlor)All feeding stuffs

except fats

0.01

0.2

Hexachlorobenzene (HCB)All feeding stuffs

except fats

0.01

0.2

Hexachlorocyclohexane (HCH)                    
— alpha-isomersAll feed stuffse0.02
          except fats0.2
— beta-isomersFeed materials0.01
          except fats0.1
          Compound feeding stuffs0.01
dairy cattleexcept compound feeding stuffs for0.005
— gamma-isomersAll feeding stuffs0.2
          except fats2.0



SCHEDULE 6
Regulation 16 and Schedule 3 Part I, paragraph 29


CONTROL OF CERTAIN PROTEIN SOURCES


Column 1Column 2Column 3Column 4Column 5(¹)Column 6Column 7(¹)
Name of product groupPermitted productsDesignation of nutritive principle or identity of micro-organismsCulture substrate (specifications, if any)Composition characteristics of productAnimal speciesName of product and specified particulars
    1.Proteins obtained from the following groups of micro-organisms

                                                            
    1.1.Bacteria

                                                            
    1.1.1.Bacteria cultivated on methanol

    1.1.1.1.Protein product of fermentation obtained by culture of Methylophilus methylotrophus on methanol

Methylophilus methylotrophus NCIB strain 10.515Methanolprotein: min 68% — Reflectance index: at least 50Pigs, calves, poultry and fishDeclarations to be made on the label or packaging of the product:

    — name of the product

— protein;

— ash

— fat;

— moisture content;

— instructions for use;

— "avoid inhalation";

Declarations to be made on the label or packaging of compound feeding stuffs:

    — amount of the product contained in the feeding stuff

    1.1.2.Bacteria cultivated on natural gas

1.1.2.1.

protein product of fermentation from natural gas obtained by culture of:

    Methylococcus capsulatus (Bath)

Alcaligenes acidovorans, Bacillus brevis et Bacillus firmus, and the cells of which have been killed

Methyloccus capsulatus (Bath)

NCIMB strain 11132

Alcaligenes acidovorans

NCIMB strain 12387

Bacillus brevis

NCIMB strain 13288

Bacillus firmus

NCIMB strain 13280

Natural gas:

    (approx.91% methane

5% ethane,

2% propane,

0.5% isobutane,

0.5% n-butane,

1% other components),

ammonia,

mineral salts

protein: min 65% — Pigs for fattening from 25 to 60 kg

— Calves from 80 kg on

— Salmon

Declarations to be made on the label or the packaging of the product:

    — the name "Protein product of fermentation from natural gas obtained by culture of Methylococcus capsulatus (Bath), Alcaligenes acidovorans, Bacillus brevis and Bacillus firmus"

— protein

— ash

— fat

— moisture content

— instructions for use

maximum incorporation rate in the feed:

    — 8% pigs for fattening

— 8% calves

— 19% salmon (freshwater)

— 33% salmon (seawater)

— "avoid inhalation";

Declarations to be made on the label or packaging of the compound feeding stuffs:

    — the name "Protein product obtained by bacterial fermentation of natural gas"

— amount of the product contained in the feedingstuf

— approval number

    1.2.Yeasts

                                                            
    1.2.1.Yeasts cultivated on substrates of animal or vegetable origin

— Yeasts obtained from the micro-organisms and substrates listed in column 3 and 4, the cells of which have been killed} Saccharomyces cerevisiae

} Saccharomyces carlsbergiensis

} Kluyveromyces lactis

} Kluyveromyces } fragilis

Molasses, distillery residues, cereals and products containing starch, fruit juice, whey, lactic acid, hydrolized vegetable fibresIn relation to Candida guilliermondii only, a minimum dry matter content of 16% appliesAll animal species, except in the case of Candida guilliermondii which is only authorised for pigs for fattening
    1.2.2.Yeasts cultivated on substrates other than those given in 1.2.1.

                                                            
    1.3.Algae

                                                            
    1.4.Lower fungi

                                                            
    1.4.1.Products from production of antibiotics by fermentation

    1.4.1.1.Mycelium, wet by-product from the production of penicillin, ensiled by means of lactobacillus brevis, plantarum, sake, collenoid and streptococcus lactis to inactivate the penicillin, and heat treated

Nitrogenous compound Penicillium chrysogenum ATCC 48271Different sources of carbohydrates and their hydrolysatesNitrogen expressed protein:min 7% Ruminants pigsDeclarations to be made on the label or packaging of the product:

    — the name "Mycelium silage from the production of penicillin";

— nitrogen expressed as protein;

— ash;

— moisture;

— animal species or category;

— approval number;

Declaration to be made on the label or packaging of the compound feeding stuff:

    — in the name "Mycellium silage from the production of penicillin"

    2.Non-protein nitrogenous compounds

                                                            
    2.1.Ammonium salts

    2.1.1.Ammonium lactate, produced by fermentation with Lactobacillus bulgaricus

CH3CHOHCOONH4WheyNitrogen expressed as protein:min 44% Ruminants from the beginning of ruminationDeclarations to be made on the label or packaging of the product:

    — the name "Ammonium lactate from fermentation";

— ash;

— moisture;

— animal species or category;

Declarations to be made on the label or packaging of compound feeding stuffs:

    — the name "Ammonium lactate from fermentation";

— amount of product contained in the feeding stuff;

— percentage of the total protein provided by non-protein nitrogen;

— indication, in the instructions for use, of the level of total non-protein nitrogen which should not be exceeded in the daily ration of each animal species or category

              2.1.2.Ammonium acetate in aqueous solution

CH³COONH4Ammonium acetate: min 55% Ruminants from the start of ruminationDeclarations to be made on the label or packaging of the product:

    — the words "Ammonium acetate";

— nitrogen content;

— moisture content;

— animal species or category;

Declarations to be made on the label or packaging of compound feeding stuffs;

    — the words "Ammonium acetate";

— the amount of the product contained in the feeding stuffs;

— percentage of the total protein provided by non- protein nitrogen;

— indication in the instructions for use of the level of total non-protein nitrogen which should not be exceeded in the daily ration for each animal species or category

              2.1.3.Ammonium sulphate in aqueous solution

(NH4)SO4Ammonium sulphate: min 35% Ruminants from the start of ruminationDeclarations to be made on the label or packaging of the product:

    — the words "Ammonium sulphate";

— nitrogen and moisture contents;

— animal species;

— in the case of young ruminants, the incorporation rate in the daily ration may not exceed 0.5% ;

Declarations to be made on the label or packaging of compound feeding stuffs:

    — the words "Ammonium sulphate";

— the amount of the product contained in the feeding stuff;

— percentage of the total protein provided by non- protein nitrogen;

— indication in the instructions for use of the level of total non-protein nitrogen which should not be exceeded in the daily ration of each animal species;

— in the case of young ruminants, the incorporation rate in the daily ration may not exceed 0.5%


(¹) In this Schedule the contents laid down or to be declared in accordance with Columns 5 and 7 refer to the product as such.



SCHEDULE 7
Regulation 19 and Schedule 3 Part I, paragraphs 18, 25 and 30


PERMITTED FEEDING STUFFS INTENDED FOR PARTICULAR NUTRITIONAL PURPOSES AND PROVISIONS RELATING TO THEIR USE




CHAPTERA

Column 1Column 2Column 3Column 4Column 5Column 6
Particular nutritional purposeEssential nutritional characteristicsSpecies or category of animalLabelling declarationsRecommended length of time for useOther provisions
Support of renal function in case of chronic renal insufficiency(¹)Low level of phosphorus and restricted level of protein but of high qualityDogs and cats— Protein source(s)

— Calcium

— Phosphorus

— Potassium

— Sodium

— Contents of essential fatty acids (if added)

Initially up to 6 months(²)Indicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Indicate in the instructions for use:

"Water should be available at all times."

Dissolution of truvite stones(³)— Urine acidifying properties, low level of magnesium, and restricted level of protein but of high qualityDogs— Protein source(s)

— Calcium

— Phosphorus

— Sodium

— Magnesium

— Potassium

— Chlorides

— Sulphur

— Urine acidifying substances

5 to 12 weeksIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use."

Indicate in the instructions for use:

"Water should be available at all times."

          — Urine acidifying properties and low level of magnesiumCats— Calcium

— Phosphorus

— Sodium

— Magnesium

— Potassium

— Chlorides

— Sulphur

— Total taurine

— Urine acidifying substances

                    
Reduction of struvite stone recurrence(4)— Urine acidifying properties and moderate level of magnesiumDogs and cats— Calcium

— Phosphorus

— Sodium

— Magnesium

— Potassium

— Chlorides

— Sulphur

— Urine acidifying substances

Up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use."

Reduction of urate stones formationLow level of purines, low level of protein but of high qualityDogs and cats— Protein source(s)Up to 6 months but lifetime use in cases of irreversible disturbance of uric acid metabolismIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use."

Reduction of oxalate stones formationLow level of calcium, low level of Vitamin D, and urine alkalising propertiesDogs and cats— Phosphorus

— Calcium

— Sodium

— Magnesium

— Potassium

— Chlorides

— Sulphur

— Total Vitamin D

— Hydroxyproline

— Urine alkalising substances

Up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use."

Reduction of cystine stones formationLow level of protein, moderate level of sulphur amino acids and urine alkalising propertiesDogs and cats— Total sulphur amino acids

— Sodium

— Potassium

— Chlorides

— Sulphur

— Urine acidifying substances

Initially up to 1 yearIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Reduction of feed material and nutrient intolerances(5)Selected protein source(s) and/or Selected carbohydrate source(s)Dogs and cats— Protein source(s)

— Content of essential fatty acids (if added)

— Carbohydrate source(s)

— Contents of essential fatty acids (if added)

3 to 8 weeks; if signs of intolerance disappear this feed can be used indefinitely
Reduction of acute intestinal absorptive disordersIncreased level of electrolytes and highly digestible feed materialsDogs and cats— Highly digestible feed materials including their treatment if appropriate

— Sodium

— Potassium

— Source(s) of mucilaginous substances (if added)

1 to 2 weeksIndicate on the package, container or label:

"During periods of and recovery from acute diarrhoea."

"It is recommended that a veterinarian's opinion be sought before use."

Compensation for maldigestion(6)Highly digestible feed materials and low level of fatDogs and cats— Highly digestible feed materials including their treatment if appropriate3 to 12 weeks, but lifetime in case of chronic pancreatic insufficiencyIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use."

Support of heart function in case of chronic cardiac insufficiencyLow level of sodium and increased K/Na ratioDogs and cats— Sodium

— Potassium

— Magnesium

Initially up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Regulation of glucose supply (Diabetes mellitus)Low level of rapid glucose-releasing carbohydratesDogs and cats— Carbohydrate source(s)

— Treatment of carbohydrates if appropriate

— Starch

— Total sugar

— Fructose (if added)

— Content of essential fatty acids (if added)

— Source(s) of short and medium chain fatty acids (if added)

Initially up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Support of liver function in case of chronic liver insufficiencyHigh quality protein, moderate level of protein, high level of essential fatty acids and high level of highly digestive carbohydratesDogs— Protein source(s)

— Content of essential fatty acids

— Highly digestible carbohydrates including their treatment if appropriate

— Sodium

— Total copper

Initially up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Indicate in the instructions for use:

"Water should be available at all times".

Support of liver function in case of chronic liver insufficiencyHigh quality protein, moderate level of protein and high level of essential fatty acidsCats— Protein source(s)

— Content of essential fatty acids

— Sodium

— Total copper

Initially up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Indicate in the instructions for use:

"Water should be available at all times".

Regulation of lipid metabolism in case of hyperlipidaemiaLow level of fat and high level of essential fatty acidsDogs and cats— Content of essential fatty acids

— Contents of n-3 fatty acids (if added)

Initially up to 2 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Reduction of copper in the liverLow level of copperDogs— Total copperInitially up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Reduction of excessive body weightLow energy densityDogs and cats— Energy valueUntil target body weight is achievedIn the instructions for use an appropriate daily intake must be recommended
Nutritional restoration, convalescence(7)High energy density, high concentration of essential nutrients and highly digestible feed materialsDogs and cats— Highly digestible feed materials including their treatment if appropriate

— Energy value

— Contents of n-3 and n-6 fatty acids (if added)

Until restoration is achievedIn the case of feeding stuffs specially presented to be given via tubing, indicate on the package, container or label:

"Administration under veterinary supervision."

Support of skin function in case of dermatosis and excessive loss of hairHigh level of essential fatty acidsDogs and cats— Contents of essential fatty acidsUp to 2 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use."

Reduction of the risk of milk fever— Low level of calcium and/or

— Low cations/anions ratio

Dairy cows— Calcium

— Phosphorus

— Magnesium

— Calcium

— Phosphorus

— Sodium

— Potassium

— Chlorides

— Sulphur

1 to 4 weeks before calvingIndicate in the instructions for use:

"Stop feeding after calving."

Reduction of the risk of ketosis(8)Feed materials providing glucogenic energy sourcesDairy cows and ewes— Feed materials providing glucogenic energy sources

— Propane-1, 2-diol (if added as a glucose precursor)

— Glycerol (if added as a glucose precursor)

3 to 6 weeks after calving(9).Last 6 weeks before and the first 3 weeks after lambing(10)
Reduction of the risk of tetany (hypomagnesaemia)High level of magnesium, easily available carbohydrates, moderate level of protein and low level of potassiumRuminants— Starch

— Total sugars

— Magnesium

— Sodium

— Potassium

3 to 10 weeks during periods of fast grass growthIn the instructions for use guidance must be provided on the balance of the daily ration, with regard to the inclusion of fibre and easily available energy sources.In the case of feeding stuffs for ovines indicate on the package, container or label:

"Especially for lactating ewes."

Reduction of the risk of acidosisLow level of easily fermentable carbohydrates and high buffering capacityRuminants— Starch

— Total sugars

Maximum 2 months(¹¹)In the instructions for use guidance must be provided on the balance of the daily ration, with regard to the inclusion of fibre and easily fermentable carbohydrate sources.In the case of feeding stuffs for dairy cows indicate on the package, container or label:

"Especially for high yielding cows."

In the case of feeding stuffs for ruminants for fattening indicate on the package, container or label:

"Especially for intensively fed . . . . . . . . . . . . . . . . . . . .."(¹²)

Stabilisation of water and electrolyte balancePredominantly electrolytes and easily absorbable carbohydratesCalves

Piglets Lambs

Kids

Foals

— Carbohydrate source(s)

— Sodium

— Potassium

— Chlorides

1 to 7 days (1 to 3 days if fed exclusively)Indicate on the package, container or label:

"In case of risk of, during periods of, or recovery from digestive disturbance (diarrhoea).It is recommended that a veterinarian's opinion be sought before use."

Reduction of the risk of urinary calculiLow level of phosphorus, magnesium and urine acidifying propertiesRuminants— Calcium

— Phosphorus

— Sodium

— Magnesium

— Potassium

— Chlorides

— Sulphur

— Urine acidifying substances

Up to 6 weeksIndicate on the package, container or label:

"Especially for intensively fed young animals."

Indicate in the instructions for use:

"Water should be available at all times."

Reduction of stress reactionsHigh level of magnesium and/or Highly digestible feed materialsPigs— Magnesium

— Highly digestible feed materials including their treatment if appropriate;

— Contents of n-3fatty acids (if added)

1 to 7 daysGuidance must be provided on the situation in which the use of this feed is appropriate.
Stabilisation of physiological digestionLow buffering capacity and highly digestible feed materialsPiglets— Highly digestible feed materials including their treatment if appropriate

— Buffering capacity

— Source(s) of astringent substances (if added)

— Source(s) of mucilaginuous substances (if added)

2 to 4 weeksIndicate on the package, container or label:

"In the case of risk of, during periods of, or recovery from, digestive disturbance."

          Highly digestible feed materialsPigs— Highly digestible feed materials including their treatment if appropriate

— Source(s) of astringent substances (if added)

— Source(s) of mucilaginous substances (if added)

                    
Reduction of the risk of constipationFeed materials stimulating intestinal passageSows— Feed materials stimulating intestinal passage10 to 14 days before and 10 to 14 days after farrowing          
Reduction of the risk of fatty liver syndromeLow energy and high proportion of metabolizable energy from lipids with high level of polyunsaturated fatty acidsLaying hens— Energy value (calculated according to EEC method — see Schedule 1)

— Percentage of metabolizable energy from lipids

— Content of polyunsaturated fatty acids

Up to 12 weeks          
Compensation for malabsorptionLow level of saturated fatty acids and high level of fat soluble vitaminsPoultry excluding geese and pigeons— Percentage of saturated fatty acids in relation to total fatty acids

— Total vitamin A

— Total vitamin D

— Total vitamin E

— Total vitamin K

During the first 2 weeks after hatching          
Compensation for chronic insufficiency of small intestine functionHighly precaecally digestible carbohydrates, proteins and fatsEquines(¹³)— Source(s) of highly digestible carbohydrates, proteins and fats including their treatment if appropriateInitially up to 6 monthsGuidance should be provided on the situations in which the use of this feed is appropriate and the manner in which it should be fed including many small meals per day.Indicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Compensation of chronic digestive disorders of large intestineHighly digestible fibreEquines— Fibre source(s)

— Contents of n-3 fatty acids (if added)

Initially up to 6 monthsGuidance should be provided on the situations in which the use of the feed is appropriate and the manner in which the feed should be fed.Indicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Reduction of stress reactionsHighly digestible feed materialsEquines— Magnesium

— Highly digestible feed materials including their treatment if appropriate

— Content of n-3 fatty acids (if added)

2 to 4 weeksGuidance must be provided on the precise situations in which the use of the feed is appropriate.
Compensation of electrolyte loss in cases of heavy sweatingPredominantly electrolytes and easily absorbable carbohydratesEquines— Calcium

— Sodium

— Magnesium

— Potassium

— Chlorides

— Glucose

1 to 3 daysGuidance must be provided on the precise situations in which the use of the feed is appropriate.When the feed corresponds to a significant part of the daily ration, guidance should be provided to prevent the risk of abrupt changes in the nature of the feed.Indicate on the instructions for use:

"Water should be available at all times."

Nutritional restoration, convalescenceHigh concentration of essential nutrients and highly digestible feed materialsEquines— Highly digestible feed materials including their treatment if appropriate

— Content of n-3 and n-6 fatty acids (if added)

Until restoration is achievedGuidance must be provided on the situations in which the use of this feed is appropriate.In the case of feeding stuffs specially presented to be given via tubing, indicate on the package, container or label:

"Administration under veterinary supervision."

Support of liver function in case of chronic liver insufficiencyLow level of protein but of high quality and highly digestible carbohydratesEquines— Protein and fibre source(s)

— Highly digestible carbohydrates including their treatment if appropriate

— Methionine

— Choline

— Contents of n-3 fatty acids (if added)

Initially up to 6 monthsGuidance should be provided on the manner in which the feed should be fed including many small meals per day.Indicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Support of renal function in case of chronic renal insufficiencyLow level of protein but of high quality and low level of phosphorusEquines— Protein source(s)

— Calcium

— Phosphorus

— Potassium

— Magnesium

— Sodium

Initially up to 6 monthsIndicate on the package, container or label:

"It is recommended that a veterinarian's opinion be sought before use or before extending the period of use."

Indicate on the instructions for use:

"Water should be available at all times."


(¹) If appropriate the manufacturer may also recommend use for temporary renal insufficiency.

(²) If the feeding stuff is recommended for temporary renal insufficiency the recommended period for use shall be two to four weeks.

(³) In the case of feeding stuffs for cats, "feline lower urinary tract disease" or "feline urological syndrome — F.U.S." may complete the particular nutritional purpose.

(4) In the case of feeding stuffs for cats, "feline lower urinary tract disease" or "feline urological syndrome — F.U.S." may complete the particular nutritional purpose.

(5) In the case of feeding stuffs for a particular intolerance reference to the specific intolerance can replace "feed material and nutrient."

(6) The manufacturer may complete the particular nutritional purpose with the reference "exocrine pancreatic insufficiency."

(7) In the case of feeding stuffs for cats, the manufacturer may complete the particular nutritional purpose with a reference to "Feline hepatic lipidosis."

(8) The term "ketosis" may be replaced by "acetonaemia". The manufacturers may also recommend the use of ketosis recuperation.

(9) In the case of feeding stuffs for dairy cows.

(¹0) In the case of feeding stuffs for ewes.

(¹¹) In the case of feeding stuffs for dairy cows, "maximum two months from the start of lactation."

(¹²) Indicate the category of ruminants concerned.

(¹³) In the case of feeding stuffs specially prepared to meet the specific conditions of very old animals (easily digestible feed materials) a reference to "old animals" shall complete the indication of the species or category of animal.



CHAPTERB

    1.Where there is more than one group of nutritional characteristics indicated in column 2 of Chapter A, denoted by "and/or", for the same nutritional purpose, the feeding stuff may have either or both groups in order to fulfil the nutritional purpose specified in column 1.

    2.Where a group of additives is mentioned in column 2 or column 4 of Chapter A, the additive(s) used must be authorised as corresponding to the specified essential characteristic.

    3.Where the source(s) of feed materials or of analytical constituents is/are required in column 4 of Chapter A the manufacturer must make a specific declaration (i.e. specific name of the feed material(s), animal species or part of the animal) allowing the evaluation of conformity of the feeding stuff with the corresponding essential nutritional characteristics.

    4.Where the declaration of a substance, also authorised as an additive, is required by column 4 of Chapter A and is accompanied by the expression "total", the declared content must refer to, as appropriate, the quantity naturally present where none is added or the total quantity of the substance naturally present and the amount added as an additive.

    5.The declarations specified in column 4 of Chapter A which include the words "if added" are required where the feed material or the additive has been incorporated or its content increased specifically to enable the achievement of the particular nutritional purpose.

    6.The declarations to be given in accordance with column 4 of Chapter A concerning analytical constituents and additives must be expressed in quantitative terms.

    7.The recommended period of use indicated in column 5 of Chapter A indicates a range within which the nutritional purpose should normally be achieved. Manufacturers may refer to more precise periods of use, within the permitted range.

    8.Where a feeding stuff is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in Chapter A.

    9.In the case of a complementary feeding stuff intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use.



SCHEDULE 8
Regulation 8 and Schedule 3 Part I, paragraph 18


CATEGORIES OF FEED MATERIALS FOR USE IN RELATION TO COMPOUND FEEDING STUFFS FOR PET ANIMALS


Description of the CategoryDefinition
    1.Meat and animal derivatives

All the fleshy parts of slaughtered warm-blooded land animals fresh or preserved by appropriate treatment, and all products and derivatives of the processing of the carcase or parts of the carcase of such animals
    2.Milk and milk derivatives

All milk products, fresh or preserved by appropriate treatment and derivatives from the processing thereof
    3.Eggs and egg derivatives

All egg products fresh or preserved by appropriate treatment, and derivatives from the processing thereof
    4.Oils and fats

All animal and vegetable oils and fats
    5.Yeasts

All yeasts, the cells of which have been killed and dried
    6.Fish and fish derivatives

Fish or parts of fish, fresh or preserved by appropriate treatment, and derivatives from the processing thereof
    7.Cereals

All types of cereal, regardless of their presentation, or products made from the starchy endosperm
    8.Vegetables

All types of vegetables and legumes, fresh or preserved by appropriate treatment
    9.Derivatives of vegetable origin

Derivatives resulting from the treatment of vegetable products in particular cereals, vegetables, legumes and oil seeds
    10.Vegetable protein extracts

All products of vegetable origin in which the proteins have been concentrated by an adequate process to contain at least 50% protein, as related to the dry matter, and which may be restructured or textured
    11.Minerals

All inorganic substances suitable for animal feed
    12.Various sugars

All types of sugar
    13.Fruit

All types of fruit, fresh or preserved by appropriate treatment
    14.Nuts

All kernels from shells
    15.Seeds

All types of seeds as such or roughly crushed
    16.Algae

Algae, fresh or preserved by appropriate treatment
    17.Molluscs and crustaceans

All types of molluscs, crustaceans, shellfish, fresh or preserved by appropriate treatment, and their processing derivatives
    18.Insects

All types of insects in any stage of development
    19.Bakery products

All bread, cakes, biscuits and pasta products



SCHEDULE 9
Regulation 7


AMENDING INSTRUMENTS REVOKED


The Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001[38], in so far as they amend the 2001 Regulations.

The Feeding Stuffs (Amendment) (Wales) Regulations 2002[39], in so far as they amend the 2001 Regulations.

The Feeding Stuffs (Amendment) (Wales) Regulations 2003[40], in so far as they amend the 2001 Regulations.

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003[41], with the exception of regulations 6 and 10(c), in so far as they amend the 2001 Regulations.

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003[42], in so far as they amend the 2001 Regulations.

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004[43] in so far as they amend the 2001 Regulations.

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2004[44] in so far as they amend the 2001 Regulations.



EXPLANATORY NOTE

(This note is not part of the Regulations)


    1.These Regulations which apply in relation to Wales—

    (a) revoke with certain exceptions, the provisions of the Feeding Stuffs (Wales) Regulations 2001 (as last amended by S.I. 2004/3091 (W.265), ("the 2001 Regulations")) (regulation 7);

    (b) re-enact with or without amendments, the majority of the provisions of the 2001 Regulations; and

    (c) introduce new provisions to enforce and administer Regulation (EC) No. 1831/2003 on additives for use in animal nutrition.

    2.The Regulations provide for the implementation of the European Community Directives listed at paragraph 12 below.

    3.The Regulations apply to farmed creatures and pet animals and in regulation 14 also to animals living freely in the wild.

    4.The Regulations preserve the modifications made to the Agriculture Act 1970 ("the Act") by regulations 18 and 19 of the 2001 Regulations (regulations 3 and 4).

    5.For the purposes of sections 68(1) and 69(1) of the Act, any material useable as a feeding stuff, additive or premixture is prescribed material (regulation 5). Under those sections, sellers of prescribed materials are required to give to purchasers "statutory statements" ("datganiadau statudol") covering the composition of the material and information on storage, handling and use. Material held for sale must be marked with such information.

    6.The content of the statutory statement and other declarations are prescribed by regulation 8 and Schedule 3 and their form by regulation 9. (The labelling of additives and premixtures not mixed with feeding stuffs is now regulated directly by Regulation (EC) No. 1831/2003).

    7.Further provisions relating to statutory statements regarding permitted limits of inaccuracies are contained in regulation 10 and Schedule 4.

    8.These Regulations also—

    (a) provide attribution of meanings to the names of certain materials for the purposes of section 70 of the Act (which creates an implicit warranty that material described by a name to which a meaning has been assigned under that section accords with the meaning) (regulation 11);

    (b) prescribe the way in which compound feeds may be sealed and packaged (regulation 12);

    (c) regulate the way in which feed materials may be put into circulation or used (regulation 13 and Schedule 2);

    (d) restrict the putting into circulation or use of feeding stuffs containing specified undesirable substances (regulation 14 and Schedule 5);

    (e) prohibit the putting into circulation or use of any feeding stuff containing certain prescribed substances (regulation 15);

    (f) restrict the marketing and use of certain protein sources and non-protein nitrogenous compounds in feeds (regulation 16 and Schedule 6);

    (g) regulate the iron content of milk replacer feeds (regulation 17);

    (h) prohibit the putting into circulation of compound feeding stuffs in which the amount of ash insoluble in hydrochloric acid exceeds specified levels (regulation 18);

    (i) control the marketing of feeds intended for particular nutritional purposes (dietetics) (regulation 19 and Schedule 7);

    (j) provide enforcement and transitional measures for Regulation (EC) No. 1831/2003 on additives for use in animal nutrition. (This EC Regulation replaces Directive 70/524/EEC as amended but preserves some of its provisions with regard to additives already authorised and to the labelling and packaging of feeding stuffs containing additives) (regulation 20);

    (k) maintain the duty of confidentiality on those who had access to commercially sensitive information under the authorisation system that existed under Directive 70/524/EEC.

    9.These Regulations provide for the enforcement of requirements where the legal basis is the European Communities Act 1972 by linking such requirements to enforcement provisions in the Act (regulation 22).

    10.The Regulations modify section 74A of the Act and provide for offences and penalties in relation to matters covered by the Regulations that would not otherwise come within that section (regulation 23).

    11.The Regulations amend in relation to Wales, the Feeding Stuffs (Sampling and Analysis) Regulations 1999 in the same way as that expressed as a modification in the 2001 Regulations, and also make consequential amendments to the 1999 Regulations mentioned above (regulation 24).

    12.The EC Directives implemented by these Regulations are—

    (a) Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p.1) concerning additives in feeding stuffs, (to the extent that its measures are preserved by Regulation (EC) No. 1831/2003), as last amended by Council Regulation (EC) No. 1756/2002 (OJ No. L265, 3.10.2002, p.1);

    (b) Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p.30) on the circulation of compound feeding stuffs, as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p.36);

    (c) Council Directive 82/471/EEC (OJ No. L213, 21.7.82, p.8) concerning certain products used in animal nutrition, as last amended with effect from 18.10.2004 by Regulation (EC) No. 1831/2003;

    (d) Council Directive 93/74/EEC (OJ No. L237, 22.9.93, p.23) on feeding stuffs intended for particular nutritional purposes, as last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1);

    (e) Commission Directive 94/39/EC (OJ No. L207, 10.8.94, p.20) establishing a list of intended uses of animal feeding stuffs for particular nutritional purposes;

    (f) Council Directive 96/25/EC (OJ No. L125, 23.5.96, p.35) on the circulation and use of feed materials, as last amended by Council Regulation (EC) No. 806/2003;

    (g) Directive 2002/32/EC of the European Parliament and of the Council (OJ No. L140, 30.5.2002, p.10) on undesirable substances in animal feed, as last amended by Commission Directive 2003/100/EC (OJ No. L285, 1.11.2003, p.33).

    13.A Regulatory Appraisal of the effect these Regulations have on business costs has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.


Notes:

[1]Functions of "the Secretary of State", ("yr Ysgrifennydd Gwladol") so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.back

[2]S.I. 2005/2766 in relation to measures concerning the common agridultural policy, S.I. 2005/1971 in relation to measures concerning feed and S.I. 2003/1246 in relation to measures in the veterinary field for the protection of public health.back

[3]1972 c.68.back

[4]OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).back

[5]OJ No. L270, 14.12.70, p.1 (OJ/SE Vol. 18, p.4), as last amended by Council Directive 1999/20/EC (OJ No. L80, 25.3.1999, p.20).back

[6]OJ No. L268, 18.10.2003, p.29.back

[7]OJ No. L155, 12.7.71, p.13 (OJ/SE 1971(II), p.480).back

[8]OJ No. L213, 21.7.82, p.8, as last amended by Commission Directive 2004/116/EC (OJ No. L379, 24.12.2004, p.81).back

[9]OJ No. L86, 6.4.79, p.30. Last amended by Directive 2002/2/EC of the European Parliament and of the Council (OJ No. L63, 6.3.2002, p.23).back

[10]OJ No. L35, 8.2.2005, p.1.back

[11]OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987). (Part IV was replaced entirely by Annex 1 to Directive 84/4/EEC (OJ No. L15. 18.1.84, p.28. That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p.14)).back

[12]OJ No. L125, 23.5.96, p.35. Last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1).back

[13]OJ No. L92, 7.4.90, p.42.back

[14]OJ No. L83, 30.3.73, p.21. (Point 3 of Annex 1 was replaced entirely by the Annex to Directive 92/89/EEC) (OJ No. L344, 26.11.92, p.35)).back

[15]S.I. 2002/1416 (W.142), as amended by S.I. 2004/2735 (W.242).back

[16]OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987), amended by Article 1 of Directive 73/47/EEC (OJ No. L83, 30.3.73, p.35).back

[17]OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987). (Part IV was replaced entirely by Annex 1 to Directive 84/4/EEC (OJ No. L15. 18.1.84, p.28). That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p.14)).back

[18]OJ No. L123, 29.5.72, p.6 (OJ/SE 1966-1972 supplement, p.74), (Point 2 of Annex 1 has been replaced by the Annex to Directive 93/28/EEC (OJ No. L179, 22.7.93, p.8)).back

[19]S.I. 2001/343 (W.15), as last amended by S.I. 2004/3091 (W.265).back

[20]OJ No. L268, 18.10.2003, p.29.back

[21]OJ No. L123, 24.4.98, p.1, as amended by Regulation (EC) 1882/2003 of the European Parliament and of the Council (OJ No. L284, 31.10.2003, p.1).back

[22]OJ No. L135, 30.5.1991, p.40, as last amended by Regulation (EC) 1882/2003 of the European Parliament and of the Council (OJ No. L284, 31.10.2003, p.1).back

[23]OJ No. L273, 10.10.2002, p.1, as amended by Commission Regulation (EC) 808/2003 (OJ No. L117, 13.5.2003, p.1).back

[24]OJ No. L194, 25.7.95, p.39, as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (OJ No. L284, 31.10.2003, p.1).back

[25]OJ No. L67, 5.3.2004, p.31.back

[26]OJ No. L151, 19.6.2003, p.38, amending 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).back

[27]S.I. 2000/2481back

[28]S.I. 1999/1663. These Regulations are subject to a number of amendments but none is relevant.back

[29]1998 c.38.back

[30]OJ No. L123, 29.5.72, p.6 (OJ/SE 1966-1972 supplement, p.74). Point 2 of Annex 1 has been replaced entirely by the Annex to Directive 93/28/EC (OJ No. L179, 22.7.93, p.8).back

[31]OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987). Part IV was entirely replaced by Annex 1 to Directive 84/4/EEC (OJ No. L15, 18.1.84, p.28). That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p.14).back

[32]OJ No. L123, 29.5.72, p.6 (OJ/SE 1966-1972 supplement, p.74) (as replaced entirely by the Annex to Directive 1999/79/EC (OJ No. L209, 7.8.1999, p.23)).back

[33]OJ No. L155, 12.7.71, p.13 (OJ/SE 1971(II), p.480) as corrected by a corrigendum published in July 1975 (consolidated edition of corrigenda to the first series of specified editions of EC legislation (1952 to 1972)).back

[34]OJ No. L155, 12.7.71, p.13 (OJ/SE 1971(II), p.480).back

[35]Council Directive 90/167/EEC (OJ No. L92, 7.4.1990, p.42) laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community.back

[36]OJ No. L206, 29.7.78, p.43.back

[37]OJ No. L273, 10.10.2002, p.1.back

[38]S.I. 2001/3461 (W.280)back

[39]S.I. 2002/1797 (W.172)back

[40]S.I. 2003/989 (W.138)back

[41]S.I. 2003/1850 (W.200)back

[42]S.I. 2003/3119 (W.297)back

[43]S.I. 2004/1749 (W.186)back

[44]S.I. 2004/3091 (W.265)back


[a] Amended by Correction Slip. Front cover; the year above the Welsh language title should read, "2006". back



Cymraeg (Welsh)



ISBN0 11 091257 8


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