Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Feeding Stuffs (Amendment No. 2) Regulations (Northern Ireland) 2003.

(2) Regulations 1 to 4, 6, 7 and 9 shall come into operation on 1st August 2003 and regulations 5, 8 and 10 on 6th November 2003.

(3) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the Feeding Stuffs Regulations (Northern Ireland) 2001

2.  The Feeding Stuffs Regulations (Northern Ireland) 2001(7) shall be amended in accordance with regulations 3 to 10.

3.  In regulation 2 (interpretation) –

(a)in paragraph (1) –

(i)the following definitions shall be deleted –

(aa)any commencing with the expressions “EC approved”, “EC permitted”, “EEA approved”, “EEA permitted”, “UK approved” or “UK permitted”;

(bb)“national list”; and

(cc)“third country”;

(ii)in each of the definitions of “complementary feeding stuff”, “complete feeding stuff” and “feeding stuff”, for “regulation 12(10)(a)” there shall be substituted “regulation 12(6)”,

(iii)for the definition of “compound feeding stuff” there shall be substituted the following definition –

• ““compound feeding stuff” has the same meaning as in the Compound Feeding Stuffs Directive;”,

(iv)in the definition of “feed material” the expression “, subject to regulation 12(10)(b),” shall be deleted,

(v)immediately after the definition of “premixture” there shall be inserted the following definition –

• ““product intended for animal feed” means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;”,

(vi)for the definition of “put into circulation” there shall be substituted the following definition –

• ““put into circulation” means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, in each case to a third party, but in regulation 12 also means import into Northern Ireland from a country which is neither an EEA State nor part of an EEA State;”, and

(vii)immediately after the definition of “third country” there shall be inserted the following definition –

• ““undesirable substance” means any substance or product, not being a pathogenic agent, which is contained in or is on a product intended for animal feed and –

  (a)

  constitutes a potential danger to animal or human health or the environment; or

  (b)

  could adversely affect livestock production;”; and

(b)for paragraph (8) there shall be substituted the following paragraph –

“(8) Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date the Feeding Stuffs (Amendment No. 2) Regulations (Northern Ireland) 2003 are made.”.

4.  For regulation 12 (control of feeding stuffs and feed materials containing undesirable substances) there shall be substituted the following regulation –

“Control of products intended for animal feed containing undesirable substances

12.—(1) A person shall not –

(a)put into circulation any product intended for animal feed which is specified in column 2 of Part I of Schedule 7; or

(b)use any such product for animal feed,

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

(2) A person shall not put into circulation, or use as a feeding stuff, any complementary feeding stuff if –

(a)having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance specified in column 1 of Part I of Schedule 7 in excess of the level specified for it in column 3 of that Part in relation to complete feeding stuffs; and

(b)there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part.

(3) A person shall not mix any product intended for animal feed which is specified in column 2 of Part I of Schedule 7 and which contains any undesirable substance specified in column 1 of that Part in excess of the level specified for it in column 3 of that Part for the purpose of dilution with any product intended for animal feed.

(4) A person shall not put into circulation any product intended for animal feed or use any such product for animal feed unless it is –

(a)sound and genuine; and

(b)of merchantable quality.

(5) For the purposes of paragraph (4), a product intended for animal feed which is specified in column 2 of Part I of Schedule 7 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Part in excess of the level specified in relation to it in column 3 of that Part.

(6) For the purposes of paragraph (2), “feeding stuff” means –

(a)a product of vegetable origin in its natural state (whether fresh or preserved);

(b)a product derived from the industrial processing of such a product; or

(c)an organic or inorganic substance, used singly or in a mixture;

whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild.”.

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

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

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

6.  In regulation 23 (modification of section 74A(3) of the Agriculture Act 1970), in paragraph (2), for “12(3), (4), (6), (7) and (9), 13(1), 15, 16(1), and 17(1)” there shall be substituted “12(1) to (4), 13(1), 15, 16(1), 17(1) and 17A”.

7.  In Schedule 3 (permitted additives and provisions relating to their use) for the list of European Community Regulations specified in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the list of European Community Regulations specified in the Schedule.

8.  In Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) –

(a)paragraph 14(1)(c) shall be deleted;

(b)in paragraph 15 —

(i)“and”, where it appears at the end of sub-paragraph (b), shall be deleted,

(ii)for sub-paragraph (c) there shall be substituted the following sub-paragraph –

“(c)the batch reference number; and”, and

(iii)immediately after sub-paragraph (c) there shall be inserted the following sub-paragraph —

“(d)the approval or registration number allocated in accordance with Article 5 or, as the case may be, 10, of the Establishments Directive to the establishment which manufactured the compound feeding stuff;”; and

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

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

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

(i)by their specific names, and

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

(b)the statutory statement shall contain the following declaration –

• “The exact percentage by weight of feed materials used in this feeding stuff may be obtained from … (name or trade name, address or registered office, telephone number and email address of the supplier of the compound feeding stuff).”.

9.  In Schedule 7 (prescribed limits for undesirable substances) –

(a)in Part I (feeding stuffs), for the headings to columns 1 and 2 there shall be substituted the headings “Undesirable substances” and “Products intended for animal feed” respectively; and

(b)Part II (feed materials) shall be deleted.

10.  Part II of Schedule 10 (categories of feed materials for use in relation to compound feeding stuffs for animals other than pets) shall be deleted.

Regulation 7

SCHEDULEProvisions substituted for Part IX of the Table to Schedule 3 to the Feeding Stuffs Regulations (Northern Ireland) 2001

“PART IXEUROPEAN COMMUNITY REGULATIONS BY WHICH ADDITIVES ARE CONTROLLED⁽¹⁾

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which amend the Feeding Stuffs Regulations (Northern Ireland) 2001 (“the 2001 Regulations”), implement –

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

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

These Regulations also provide for the enforcement of the following Community Regulations –

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

(b)Commission Regulation (EC) No. 316/2003 concerning the permanent authorisation of an additive in feeding stuffs and the provisional authorisation of an additive already authorised in feeding stuffs (OJ No. L46, 20.2.2003, p.15);

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

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

These Regulations amend the 2001 Regulations by —

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

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

(c)making consequential amendments to regulation 23(2) (regulation 6),

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

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

(ii)re-enacts the remaining provisions of the previous regulation 12 with modifications, in particular by replacing the references to “feeding stuff” and “feed material” with references to “product intended for animal feed” (regulation 4);

(e)inserting a new regulation, regulation 17A (provision of information in relation to compound feeding stuffs for animals other than pet animals) which requires suppliers of compound feeding stuffs to provide specified information relating to the feeding stuffs if requested to do so by those to whom they are supplied (regulation 5),

(f)adding four new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Part IX of the Table to Schedule 3 (regulation 7 and the Schedule),

(g)in Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)), modifying the matters relating to compound feeding stuffs which are required to be contained in the statutory statement prescribed by regulation 5 or otherwise declared (regulation 8),

(h)in Schedule 7 (prescribed limits for undesirable substances), modifying the headings to columns 1 and 2 of Part I (feeding stuffs) and deleting Part II (feed materials) (regulation 9), and

(i)deleting Part II of Schedule 10 (containing the names of the categories of feed materials for use in relation to compound feeding stuffs for animals other than pets by which, prior to the coming into operation of these Regulations, it was permissible to declare those compound feeding stuffs in the statement prescribed by regulation 5) (regulation 10).