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Welsh Statutory Instrument 2006 No. 116 (W.14)
The Feeding Stuffs (Wales) Regulations 2006
(The document as of February, 2008)
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STATUTORY INSTRUMENTS
2006 No. 116 (W.14)
[a]
AGRICULTURE, WALES
The Feeding Stuffs (Wales) Regulations 2006
| | Made | 24 January 2006 | | | | Coming into force | 25 January 2006 | |
ARRANGEMENT OF REGULATIONSPART 1INTRODUCTORY AND GENERAL
| 1. | Title, commencement and application |
| 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 |
| 6. | Exemption from these Regulations |
PART 2PRESENTATION 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 |
| 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 3ENFORCEMENT
| 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 4AMENDMENTS 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 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 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 1INTRODUCTORY AND GENERALTitle, 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—
(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—
(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 2PRESENTATION AND COMPOSITION OF FEEDING STUFFSMatters 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 3ENFORCEMENTEnforcement 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 4AMENDMENTS TO OTHER LEGISLATIONAmendment 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 1Regulation 2(1) and Schedule 3 METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDSThe 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 2Regulations 2(1) and 13 Schedule 3 Part I paragraphs 7 and 20 CONTROL OF FEED MATERIALSPART IPRINCIPAL PROCESSES USED FOR THE PREPARATION OF THE FEED MATERIALS LISTED IN PART II OF THIS SCHEDULE
| | Process | Definition | Common name or term | | (1) | (2) | (3) | (4) | | 1 | Concentration(¹) | Increase in certain contents by removing water or other constituents | Concentrate | | 2 | Decortication(²) | Complete or partial removal of outer layers from grains, seeds, fruits nuts and others | Decorticated, partially decorticated | | 3 | Drying | Dehydration by artificial or natural processes | Dried (sun or artificially) | | 4 | Extraction | Removal 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 solvent | Extracted (in the case of oil-containing materials), molasses, pulp (in the case of products containing sugar or other water- soluble components) | | 5 | Extrusion | Pressing of material through an orifice under pressure. (See also pregelatinisation) | Extruded | | 6 | Flaking | Rolling of moist heat-treated material | Flakes | | 7 | Flour milling | Physical processing of grain to reduce particle size and facilitate separation into constituent fractions (principally flour, bran and middlings) | Flour, bran, middlings(³), feed | | 8 | Heating | General term covering a number of heat treatments carried out under specific conditions to influence the nutritional value or the structure of the material | Toasted, cooked, heat treated | | 9 | Hydrogenation | Transformation of unsaturated glycerides into saturated glycerides (of oils and fats) | Hardened, partially hardened | | 10 | Hydrolysis | Breakdown into simpler chemical constituents by appropriate treatment with water and possibly either enzymes or acid/alkali | Hydrolysed | | 11 | Pressing(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 products | Expeller(5) (in case of oil- containing materials) Pulp, pomace (in case of fruits, etc.)Pressed pulp (in case of sugar-beet) | | 12 | Pelleting | Special shaping by compression through a die | Pellet, pelleted | | 13 | Pregelatinisation | Modification of starch to improve markedly its swelling properties in cold water | Pregelatinised(6), puffed | | 14 | Refining | Complete or partial removal of impurities in sugars, oils, fats and other natural materials by chemical/physical treatment | Refined, partially refined | | 15 | Wet-milling | Mechanical separation of the component parts of kernel/grain, sometimes after steeping in water, with or without sulphur dioxide, for the extraction of starch | Germ, gluten, starch | | 16 | Crushing | Mechanical processing of grain or other feed materials to reduce their size | Crushed, crushing | | 17 | Desugaring | Complete or partial removal of mono- and disaccharides from molasses and other material containing sugar by chemical or physical means | Desugared, 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 IINON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALSINTRODUCTORY NOTESFeed 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 1.01 | Oats | Grains of Avena sativa L. and other cultivars of oats. | | | 1.02 | Oat flakes | Product obtained by steaming and rolling dehusked oats. It may contain a small proportion of oat husks. | Starch | | 1.03 | Oat middlings | By-product obtained during the processing of screened, dehusked oats into oat groats and flour. It consists principally of oat bran and some endosperm. | Fibre | | 1.04 | Oat hulls and bran | By-product obtained during the processing of screened oats into oat groats. It consists principally of oat hulls and bran. | Fibre | | 1.05 | Barley | Grains of Hordeum vulgare L. | | | 1.06 | Barley middlings | By-product obtained during the processing of screened, dehusked barley into pearl barley, semolina or flour. | Fibre | | 1.07 | Barley protein | Dried by-product of starch production from barley. It consists principally of protein obtained from starch separation. | Protein
Starch
| | 1.08 | Rice, broken | By-product of preparation of polished or glazed rice Oryza sativa L. It consists principally of undersized and/or broken grains. | Starch | | 1.09 | Rice bran (brown) | By-product of the first polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ. | Fibre | | 1.10 | Rice bran (white) | By-product of the polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ. | Fibre | | 1.11 | Rice bran with calcium carbonate | By-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
| | 1.12 | Fodder meal of parboiled rice | By-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
| | 1.13 | Ground fodder rice | Product 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 | | 1.14 | Rice germ expeller | By-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
| | 1.15 | Rice germ, extracted | By-product of oil manufacture obtained by extraction of the germ of rice to which parts of the endosperm and testa still adhere. | Protein | | 1.16 | Rice starch | Technically pure rice starch. | Starch | | 1.17 | Millet | Grains of Panicum miliaceum L. | | | 1.18 | Rye | Grains of Secale cereale L. | | | 1.19 | Rye 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 | | 1.20 | Rye feed | By-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 | | 1.21 | Rye bran | By-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 | | 1.22 | Sorghum | Grains of Sorghum bicolor (L.) Moench s.l. | | | 1.23 | Wheat | Grains of Triticum aestivum (L.), Triticum durum Desf. and other cultivars of wheat. | | | 1.24 | Wheat 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 | | 1.25 | Wheat feed | 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 less of the endosperm has been removed than in wheat bran. | Fibre | | 1.26 | Wheat 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 | | 1.27 | Wheat germ | By-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
| | 1.28 | Wheat gluten | Dried by-product of the manufacture of wheat starch. It consists principally of gluten obtained during the separation of starch. | Protein | | 1.29 | Wheat gluten feed | By-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
| | 1.30 | Wheat starch | Technically pure starch obtained from wheat. | Starch | | 1.31 | Pre-gelatinised wheat starch | Product consisting of wheat starch largely expanded by heat treatment. | Starch | | 1.32 | Spelt | Grains of spelt Triticum spelta L., Tricicum dioccum Schrank, Triticum monococcum. | | | 1.33 | Triticale | Grains of Triticum X secale hybrid. | | | 1.34 | Maize | Grains of Zea mays L. | | | 1.35 | Maize 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 | | 1.36 | Maize bran | By-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 | | 1.37 | Maize germ expeller | By-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
| | 1.38 | Maize germ, extracted | By-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 | | 1.39 | Maize 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%
| | 1.40 | Maize gluten | Dried by-product of the manufacture of maize starch. It consists principally of gluten obtained during the separation of the starch. | Protein | | 1.41 | Maize starch | Technically pure starch obtained from maize | Starch | | 1.42 | Pre-gelatinised maize starch(6) | Product consisting of maize starch largely expanded by heat treatment. | Starch | | 1.43 | Malt culms | By-product of malting, consisting mainly of dried rootlets of germinated cereals. | Protein | | 1.44 | Brewers'dried grains | By-product of brewing obtained by drying residues of malted and unmalted cereals and other starchy products. | Protein | | 1.45 | Distiller's dried grains(7) | By-product of alcohol distilling obtained by drying solid residues of fermented grain. | Protein | | 1.46 | Distiller'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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 2.01 | Groundnut, partially decorticated, expeller | By-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
| | 2.02 | Groundnut, partially decorticated, extracted | By-product of oil manufacture obtained by extraction of partially decorticated grounds. (Maximum fibre content 16% in the dry matter) | Protein
Fibre
| | 2.03 | Groundnut, decorticated, expeller | By-product of oil manufacture, obtained by pressing of decorticated groundnuts. | Protein
Fat
Fibre
| | 2.04 | Groundnut, decorticated, extracted | By-product of oil manufacture, obtained by extraction of decorticated grounds. | Protein
Fibre
| | 2.05 | Rape 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% ). | | | 2.06 | Rape seed, expeller(¹) | By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94% ). | Protein
Fat
Fibre
| | 2.07 | Rape seed, extracted(¹) | By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94% ). | Protein | | 2.08 | Rape seed hulls | By-product obtained during dehulling of rape seeds | Fibre | | 2.09 | Safflower seed, partially decorticated, extracted | By-product of oil manufacture, obtained by extraction of partially decorticated seeds of safflower Carthamus tinctorius L. | Protein
Fibre
| | 2.10 | Copra expeller | By-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
| | 2.11 | Copra, extracted | By-product of oil manufacture, obtained by extraction of the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm. | Protein | | 2.12 | Palm kernel expeller | By-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
| | 2.13 | Palm kernel, extracted | By-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
| | 2.14 | Soya (bean), toasted | Soya beans (Glycine max. L. Merr.) subjected to an appropriate heat treatment. (Urease activity maximum 0.4 mg N/g x min.). | | | 2.15 | Soya (bean), extracted, toasted | By-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%
| | 2.16 | Soya (bean), dehulled, extracted, toasted | By-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 | | 2.17 | Soya (bean) protein concentrate | Product obtained from dehulled, fat extracted soya beans, subjected to a second extraction to reduce the level of nitrogen-free extract. | Protein | | 2.18 | Vegetable oil(²) | Oil obtained from plants. | Moisture, if > 1% . | | 2.19 | Soya (bean) hulls | By-product obtained during dehulling of soya beans. | Fibre | | 2.20 | Cotton seed | Seeds of cotton Gossypium spp. from which the fibres have been removed. | Protein
Fibre
Fat
| | 2.21 | Cotton seed, partially decorticated, extracted | By-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
| | 2.22 | Cotton seed expeller | By-product of oil manufacture, obtained by pressing of seeds of cotton from which the fibres have been removed. | Protein
Fibre
Fat
| | 2.23 | Niger seed expeller | By-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
| | 2.24 | Sunflower seed | Seeds of the sunflower Helianthus annuus L. | | | 2.25 | Sunflower seed, extracted | By-product of oil manufacture, obtained by extraction of seeds of the sunflower. | Protein | | 2.26 | Sunflower seed, partially decorticated, extracted | By-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
| | 2.27 | Linseed | Seeds of linseed Linum usitatissimum L. (Minimum botanical purity 93% ). | | | 2.28 | Linseed expeller | By-product of oil manufacture, obtained by pressing of linseed. (Minimum botanical purity 93% ). | Protein
Fat
Fibre
| | 2.29 | Linseed, extracted | By-product of oil manufacture, obtained by extraction of linseed. (Minimum botanical purity 93% ). | Protein | | 2.30 | Olive pulp | By-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
| | 2.31 | Sesame seed expeller | By-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
| | 2.32 | Cocoa bean, partially decorticated, extracted | By-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
| | 2.33 | Cocoa husks | Teguments 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 3.01 | Chick peas | Seeds of Cicer arietinum L. | | | 3.02 | Guar meal, extracted | By-product obtained after extraction of the mucilage from seeds of Cyanopsis tetragonoloba (L.) Taub. | Protein | | 3.03 | Ervil | Seeds of Ervum ervilia L. | | | 3.04 | Chickling vetch(¹) | Seeds of Lathyrus sativus L. submitted to an appropriate heat treatment | | | 3.05 | Lentils | Seeds of Lens culinaris a.o. Medik | | | 3.06 | Sweet lupins | Seeds of Lupinus spp. Low in bitter seed content. | | | 3.07 | Beans, toasted | Seeds of Phaseolus or Vigna spp. submitted to an appropriate heat treatment to destroy toxic lectines. | | | 3.08 | Peas | Seeds of Pisum spp. | | | 3.09 | Pea middlings | By-product obtained during the manufacture of pea-flour. It consists principally of particles of cotyledon, and to a lesser extent, of skins. | Protein
Fibre
| | 3.10 | Pea bran | By-product obtained during the manufacture of pea meal. It is composed mainly of skins removed during the skinning and cleaning of peas. | Fibre | | 3.11 | Horse beans | Seeds of Vicia faba L. spp. faba var. equina Pers. and var. minuta (Alef.) Mansf. | | | 3.12 | Monantha vetch | Seeds of Vicia monanthos Desf. | | | 3.13 | Vetches | Seeds 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 4.01 | (Sugar) beet pulp | By-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 molasses | By-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, molassed | By-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 vinasse | By-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 | | 4.06 | Sweet potato | Tubers of Ipomoea batatas (L.) Poir, regardless of their presentation. | Starch | | 4.07 | Manioc (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
| | 4.08 | Manioc starch(³), puffed | Starch obtained from manioc roots, greatly expanded by appropriate heat treatment. | Starch | | 4.09 | Potato pulp | By-product of the manufacture of potato starch (Solanum tuberosum L.). | | | 4.10 | Potato starch | Technically pure potato starch. | Starch | | 4.11 | Potato protein | Dried by-product of starch manufacture composed mainly of protein substances obtained after the separation of starch. | Protein | | 4.12 | Potato flakes | Product obtained by rotary drying of washed, peeled or unpeeled steamed potatoes. | Starch
Fibre
| | 4.13 | Potato juice condensed | By-product of the manufacture of potato starch from which proteins and water have been partly removed. | Protein
Ash
| | 4.14 | Pre-gelatinised potato starch | Product 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 5.01 | Carob pods | Product obtained by crushing the dried fruits (pods) of the carob tree Ceratonia seliqua L., from which the locust beans have been removed. | Fibre | | 5.02 | Citrus pulp | By-product obtained by pressing citrus fruit Citrus ssp. during the production of citrus juice. | Fibre | | 5.03 | Fruit pulp (¹) | By-product obtained by pressing pomaceous or stone fruit during the production of fruit juice. | Fibre | | 5.04 | Tomato pulp | By-product obtained by pressing tomatoes Solanum lycopersicum Karst. during the production of tomato juice. | Fibre | | 5.05 | Grape pips, extracted | By-product obtained during the extraction of oil from grape pips. | Fibre, if > 45% | | 5.06 | Grape pulp | Grape 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% | | 5.07 | Grape pips | Pips extracted from grape pulps, from which the oil has not been removed. | Fat
Fibre, if > 45%
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(¹ ) The name may be supplemented by the fruit species. 6.FORAGES AND ROUGHAGE
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 6.01 | Lucerne 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
| | 6.02 | Lucerne pomace | Dried by-product obtained by pressing of the juice from lucerne. | Protein | | 6.03 | Lucerne protein concentrate | Product obtained by artificially drying fractions of lucerne press juice, which has been centrifuged and heat treated to precipitate the proteins. | Carotene
Protein
| | 6.04 | Clover 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
| | 6.05 | Grass meal(¹)(²) | Product obtained by drying and milling young forage plants. | Protein
Fibre
Ash insoluble in HC1, if > 3.5% of dry matter
| | 6.06 | Cereals straw (³) | Straw of cereals. | | | 6.07 | Cereals 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 7.01 | (Sugar) cane molasses | By-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 vinasse | By-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 | | 7.04 | Seaweed meal | Product 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 8.01 | Skimmed-milk powder | Product obtained by drying milk from which most of the fat has been separated. | Protein
Moisture, if > 5%
| | 8.02 | Buttermilk powder | Product obtained by drying the liquid which remains after butter churning. | Protein
Fat
Lactose
Moisture, if > 6%
| | 8.03 | Whey powder | Product obtained by drying the liquid which remains after cheese, quark and casein making or similar processes. | Protein
Lactose
Moisture, if > 8% Ash
| | 8.04 | Whey powder, low in sugar | Product obtained by drying whey from which the lactose has been partly removed. | Protein
Lactose
Moisture, if > 8% Ash
| | 8.05 | Whey protein powder(¹) | Product obtained by drying the protein compounds extracted from whey or milk by chemical or physical treatment | Protein
Moisture, if > 8%
| | 8.06 | Casein powder | Product obtained from skimmed or buttermilk by drying casein precipitated by means of acids or rennet. | Protein
Moisture, if > 10%
| | 8.07 | Lactose powder | The sugar separated from milk or whey by purification and drying. | Lactose
Moisture, if > 5% .
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(¹ ) This name may be replaced by "milk albumin powder". 9.LAND ANIMAL PRODUCTS
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 9.01 | Meat 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%
| | 9.02 | Meat-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%
| | 9.03 | Bone meal | Product 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%
| | 9.04 | Greaves | Residual product of the manufacture of tallow, lard and other extracted or physically removed fats of animal origin. | Protein
Fat
Moisture, if > 8%
| | 9.05 | Poultry 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%
| | 9.06 | Feather meal, hydrolysed | Product obtained by hydrolysing, drying and grinding poultry feathers. | Protein
Ash insoluble in HC1 > 3.4% Moisture, if > 8%
| | 9.07 | Blood meal | Product obtained by drying the blood of slaughtered warm-blooded animals. The product must be substantially free of foreign matter. | Protein
Moisture, if > 8%
| | 9.08 | Animal 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 10.01 | Fish 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%
| | 10.02 | Fish solubles, condensed | Product obtained during manufacture of fish meal which has been separated and stabilised by acidification or drying. | Protein
Fat
Moisture, if > 5%
| | 10.03 | Fish oil | Oil obtained from fish or parts of fish. | Moisture if > 1% | | 10.04 | Fish oil, refined, hardened | Oil obtained from fish or parts of fish which has been refined and subjected to hydrogenation. | Iodine number
Moisture, if > 1%
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(¹ ) Products containing more than 75% protein in the dry matter may be qualified as "rich in protein". 11.MINERALS
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 11.01 | Calcium 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%
| | 11.02 | Calcium and magnesium carbonate | Natural mixture of calcium carbonate and magnesium carbonate. | Calcium
Magnesium
| | 11.03 | Calcareous marine algae (Maerl) | Product of natural origin obtained from calcareous algae, ground or granulated. | Calcium
Ash insoluble in HC1 if > 5%
| | 11.04 | Magnesium oxide | Technically pure magnesium oxide (MgO). | Magnesium | | 11.05 | Magnesium sulphate | Technically pure magnesium sulphate (MgSO4.7H2O). | Magnesium
Sulphur
| | 11.06 | Dicalcium phosphate(²) | Precipitated calcium monohydrogen phosphate from bones or inorganic sources (CaHPO4.xH2O). | Calcium
Total phosphorus
| | 11.07 | Mono-dicalcium phosphate | Product obtained chemically and composed of equal parts of dicalcium phosphate and mono-calcium phosphate (CaHPO4-Ca(H2PO4)2.H2O. | Total phosphorus
Calcium
| | 11.08 | Defluorinated rock phosphate | Product obtained by grinding purified and appropriately defluorinated natural phosphates. | Total phosphorus
Calcium
| | 11.09 | Degelatinised bone meal | Degelatinsed, sterilised and ground bones from which the fat has been removed. | Total phosphorus
Calcium
| | 11.11 | Calcium -magnesium phosphate | Technically pure calcium-magnesium phosphate. | Calcium
Magnesium
Total phosphorus
| | 11.12 | Mono-ammonium phosphate | Technically pure mono-ammonium phosphate (NH4H2PO4). | Total nitrogen
Total phosphorus
| | 11.13 | Sodium chloride(¹) | Technically pure sodium chloride or product obtained by grinding natural sources of sodium chloride, such as (rock) and (marine) salt. | Sodium | | 11.14 | Magnesium propionate | Technically pure magnesium propionate. | Magnesium | | 11.15 | Magnesium phosphate | Product consisting of technically pure (dibasic) magnesium phosphate (MgHPO4.xH2O). | Total phosphorus
Magnesium
| | 11.16 | Sodium-calcium- magnesium phosphate | Product consisting of sodium-calcium-magnesium phosphate. | Total phosphorus
Magnesium
Calcium Sodium
| | 11.17 | Mono-sodium phosphate | Technically pure mono-sodium phosphate (NaH2PO.H2O). | Total phosphorus
Sodium
| | 11.18 | Sodium bicarbonate | Technically 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
| Number | Name | Description | Compulsory declarations | | (1) | (2) | (3) | (4) | | 12.01 | Bakery 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
| | 12.02 | Confectionery products and by-products (¹) | Product or by-product obtained from the manufacture of confectionery including chocolate. | Total sugar calculated as sucrose | | 12.03 | Products 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
| | 12.04 | Fatty acids | By-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%
| | 12.05 | Salts 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)
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(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 IIIOTHER FEED MATERIALS
| Feed material | | Compulsory declaration | | | (1) | (2) | | 1. | Cereal grains | | | 2. | Products and by-products of cereal grains | Starch, if > 20%
Protein, if > 10%
Fat, if >5%
Fibre
| | 3. | Oil seeds, oil fruits | | | 4. | Products and by-products of oil seeds, oil fruits | Protein, if > 10%
Fat, if >5%
Fibre
| | 5. | Legume seeds | | | 6. | Products and by-products of legume seeds | Protein, if > 10%
Fibre
| | 7. | Tubers, roots | | | 8. | Products and by-products of tubers and roots | Starch
Fibre
Ash insoluble in HC1, if > 3.5%
| | 9. | Other products and by-products of the sugar beet processing industry | Fibre, if > 15%
Total sugar, calculated as sucrose
Ash insoluble in HC1, if > 3.5%
| | 10. | Other seeds and fruits, their products and by-products | Protein Fibre Fat, if > 10% | | 11. | Forages and roughage | Protein, if > 10%
Fibre
| | 12. | Other plants, their products and by-products | Protein, if > 10%
Fibre
| | 13. | Products and by-products of the sugar cane processing industry | Fibre, if > 15%
Total sugar calculated as sucrose
| | 14. | Milk products and by-products | Protein
Moisture, if > 5%
Lactose, if > 10%
| | 15. | Land animal products | Protein, > 10%
Fat, if > 5%
Moisture, if > 8%
| | 16. | Fish, other marine animals, their products and by-products | Protein, if > 10%
Fat, if > 5%
Moisture, if > 8%
| | 17. | Minerals | Relevant minerals | | 18. | Miscellaneous | Protein, if > 10%
Fibre
Fat, if > 10%
Starch, if > 30%
Total sugar, calculated as sucrose, if > 10%
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SCHEDULE 3Regulation 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
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