Statutory Instrument 2000 No. 2481

      The Feeding Stuffs Regulations 2000


      © Crown Copyright 2000

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STATUTORY INSTRUMENTS


2000 No. 2481

AGRICULTURE

The Feeding Stuffs Regulations 2000

  Made 10th September 2000 
  Laid before Parliament 22nd September 2000 
  Coming into force 29th October 2000 


ARRANGEMENT OF REGULATIONS

1. Title, commencement and extent
2. Interpretation
3. Prescribed material
4. Matters required or permitted to be contained in a statutory statement or otherwise declared
5. Forms of statutory statement
6. Register of marks
7. Limits of variation
8. Assigned meanings
9. Manner of packaging and sealing compound feeding stuffs, additives and premixtures
10. Control of feed materials
11. Applications for Community authorisation of additives and of new uses for additives
12. Confidential information relating to additives
13. Control of additives in feeding stuffs
14. Control of feeding stuffs and feed materials containing undesirable substances
15. Control of compound 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. Modification of the Agriculture Act 1970 in relation to all feeding stuffs
21. Modification of the Agriculture Act 1970 in relation to all imported feeding stuffs
22. Exemption from these Regulations
23. Further exemption from these Regulations
24. Enforcement of provisions made under section 2(2) of the European Communities Act 1972
25. Modification of section 74A(3) of the Agriculture Act 1970
26. Revocations
27. Modification of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
28. Modification of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
29. Modification of the Feeding Stuffs (Enforcement) Regulations 1999

SCHEDULES

  1. Methods of calculating the energy value of compound feeds

  2. Control of feed materials

  3. Permitted additives and provisions relating to their use

  4. Contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)

  5. Contents of the statutory statement (for additives and premixtures not contained in feeding stuffs)

  6. Limits of variation

  7. Prescribed limits for undesirable substances

  8. Control of certain protein sources

  9. Permitted feeding stuffs for particular nutritional purposes and provisions relating to their use

  10. Categories of feed materials for use in relation to compound feeding stuffs

The Secretary of State for Health, acting in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1), (3), (6) and (7), 70(1), 74(1), 74A, 77(4), 78(6) and 84 of the Agriculture Act 1970[
1] (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000)[2] and of all other powers enabling him in that behalf, after consultation as required by section 84(1) of the said Act with the persons or organisations appearing to represent the interests concerned, and acting, as a Minister designated[3] for the purposes of section 2(2) of the European Communities Act 1972[4] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2)[5] (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Title, commencement and extent
     1.  - (1) These Regulations may be cited as the Feeding Stuffs Regulations 2000, shall come into force on 29th October 2000 and shall extend to England, except that regulations 11 and 12 shall extend to England, Wales and Northern Ireland and, subject to paragraph (2) below, other provisions of these Regulations shall so extend in so far as they relate to regulations 11 and 12.

    (2) In so far as regulation 24 applies to Northern Ireland, the references therein to Part IV of the Act shall be construed as references to that Part as modified by section 86.

Interpretation
    
2.  - (1) In these Regulations, unless the context otherwise requires - 

    "the Act" means the Agriculture Act 1970;

    "additive" means a substance or preparation used in animal nutrition in order to - 

    (a) affect favourably the characteristics of feed materials, compound feeding stuffs or animal products,

    (b) satisfy the nutritional needs of animals or improve animal production (in particular by affecting the gastro-intestinal flora or the digestibility of feeding stuffs),

    (c) introduce into nutrition elements conducive to obtaining particular nutritional objectives or to meeting the nutritional needs of animals at a particular time, or

    (d) prevent or reduce the harmful effects caused by animal excretions or improve the animal environment,

but excludes everything excluded from coverage of the Additives Directive by Article 1.2 and 1.3 thereof;

    "the Agency" means the Food Standards Agency;

    "ash" 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];

    "authorised", in relation to any additive, or the name of any additive, save in the expressions "authorised intermediate product" and "authorised medicated premix", and subject to paragraph (2) below, means authorised in or, as the case may be, under, the Additives Directive, and "authorisation" shall be construed accordingly;

    "authorised intermediate product" and "authorised medicated premix" have the meanings given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998[8];

    "the Certain Products Directive" means Council Directive 82/471/EEC concerning certain products used in animal nutrition[9];

    "complementary feeding stuff", subject to regulation 14(10)(a), 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", subject to regulation 14(10)(a), means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;

    "compound feeding stuff", subject to regulation 14(10)(a), means a mixture of feeding stuffs;

    "the Compound Feeding Stuffs Directive" means Council Directive 79/373/EEC on the marketing of compound feeding stuffs[10];

    "daily ration" means the average total quantity of feeding stuff, expressed on a 12 per cent 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;

    "dossier" means a dossier compiled in accordance with the relevant provisions of the Dossiers Directive and which includes - 

    (a) an identification note (containing where applicable the information specified in Article 9o.1 of the Additives Directive),

    (b) any monograph supplied pursuant to Article 9n.3 of the Additives Directive, and

    (c) in the case of an additive to which Article 7a of the Additives Directive applies, the documents referred to in the indented paragraphs of the first paragraph of that Article;

    "the Dossiers Directive" means Council Directive 87/153/EEC fixing guidelines for the assessment of additives in animal nutrition[11];

    "EC approved Article 2.2(d) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;

    "EC approved Article 2.2(f) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer's holding;

    "EC permitted Article 2.2(d) establishment" means an establishment located in a member State (other than an EC approved Article 2.2(d) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if - 

    (a) a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

    (b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;

    "EC permitted Article 2.2(f) establishment" means an establishment located in a member State (other than an EC approved Article 2.2(f) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if - 

    (a) a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced on the establishment, for the exclusive requirements of the producer's holding, on 1st April 1998, and

    (b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer's holding;

    "EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[12];

    "EEA State" means a State which is a Contracting Party to the EEA Agreement;

    "energy value" means the energy value of a feeding stuff calculated in accordance with the relevant method specified in Schedule 1;

    "establishment" has the meaning given by Article 1.3(b) of the Establishments Directive;

    "the Establishments Directive" means Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC[13];

    "fat" 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[14];

    "feeding stuff", subject to regulation 14(10)(a), has the meaning attributed to it by section 66(1) as modified by regulation 20(1)(a);

    "feeding stuff intended for a particular nutritional purpose" 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 the Medicated Feedingstuffs Directive, and in respect of which any indication is given that it is intended for a particular nutritional purpose;

    "feed material", subject to regulation 14(10)(b), means - 

    (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,

specified in Part II or III of Schedule 2, (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;

    "the Feed Materials Directive" means Council Directive 96/25/EC on the circulation of feed materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC[15];

    "fibre" 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[16];

    "identification note" has the same meaning as in the Additives Directive;

    "intermediary" has the meaning given by Article 1.3(c) of the Establishments Directive;

    "mammalian meat and bone meal" has the meaning given in Article 4(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996[17];

    "the Medicated Feedingstuffs Directive" means Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community[18];

    "member State" means a member State other than the United Kingdom;

    "MFS prescription" has the meaning given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998;

    "micro-organism" has the meaning given by Article 2(aa) of the Additives Directive;

    "milk replacer feed" 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" means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;

    "minimum storage life" 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" means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;

    "moisture" 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[19];

    "monograph" has the same meaning as in the Additives Directive;

    "name", in relation to any additive specified in any of Parts I to VIII of the Table to Schedule 3, means the name specified for that additive in that Table, and in relation to any other additive means its authorised name;

    "national list" means the list of establishments published in London by the Agency, for the purposes of Article 6.1 of the Establishments Directive;

    "oil" 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[20];

    "particular nutritional purpose" 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 animal" has the same meaning as in the Additives Directive;

    "pet food" means a feeding stuff for pet animals and "compound pet food" shall be construed accordingly;

    "premixture" means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;

    "protein", except in paragraphs 12(2), 13, 28(2) and 29 of Part I of Schedule 4, and subject to paragraph (3) below, 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[21];

    "protein equivalent of biuret, diureidoisobutane, urea or urea phosphate", in relation to an amount of biuret, diureidoisobutane, urea and urea phosphate nitrogen, means that amount multiplied by 6.25;

    "put into circulation" has the same meaning as in the Feed Materials Directive but, in regulation 14(3), (4) and (7), also means import into England from a country which is neither an EEA State nor part of an EEA State;

    "registered veterinarian" has the same meaning as in the Medicated Feedingstuffs Directive;

    "starch" 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[22];

    "third country" means a country other than a member State or the United Kingdom;

    "UK approved Article 2.2(d) establishment", "UK approved Article 2.2(f) establishment", "UK permitted Article 2.2(d) establishment" and "UK permitted Article 2.2(f) establishment" have, subject to regulation 14(5), the meanings respectively given to them by regulation 3 of the Feedingstuffs (Establishments and Intermediaries) Regulations 1999[23], as read with regulation 2(4) of those Regulations;

    "zootechnical additive" means an additive belonging to one or more of the groups of additives specified in Part I of Annex C to the Additives Directive;

    "zootechnical feeding stuff" means a feeding stuff that contains a zootechnical additive or zootechnical premixture; and

    "zootechnical premixture" means a premixture that contains a zootechnical additive.

    (2) The additives appearing in the Section headed "Radionuclide Binders", and as numbers 3 and 4 in the Section headed "Micro-organisms", in the Annex to Commission Regulation (EC) No. 2785/98[24], shall be deemed for the purposes of these Regulations to be "authorised" within the meaning of that term as defined in paragraph (1) above.

    (3) For the purposes of paragraphs 12(1) and 28(1) of Part I of Schedule 4, "protein" has the meaning given to it by article 4(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996[25]

    (4) In these Regulations, "botanical purity" shall be construed in accordance with paragraph 2 of Section II of Part A of the Annex to the Feed Materials Directive.

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

    (6) Where, in any sub-heading, textual provision or, as the case may be, tabular or other entry in a Schedule to these Regulations, a numbered reference to a footnote appears, the footnote so numbered shall be treated as amplifying the sub-heading or textual provision or, as the case may be, as included in the tabular or other entry.

    (7) Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.

    (8) Any reference in these Regulations to a European Community Directive or Regulation shall be construed as a reference to that Directive or, as the case may be, Regulation, as amended as at the date these Regulations are made.

Prescribed material
     3.  - (1) Subject to paragraph (2) below, for the purposes of these Regulations, the material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff, and any material usable as a feed material, premixture or additive in such a feeding stuff.

    (2) For the purposes of paragraph (1) above, section 68(2) shall cease to apply.

Matters required or permitted to be contained in a statutory statement or otherwise declared
    
4. The particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement or, as the case may be, otherwise declared, shall be as specified in, and shall comply with, the provisions of Schedule 4 (save in respect of additives and premixtures not contained in feeding stuffs) and Schedule 5 (in respect of additives and premixtures not contained in feeding stuffs).

Forms of statutory statement
    
5.  - (1) Subject to the sufficiency requirement of the second paragraph of Article 16.6 of the Additives Directive, (which shall be observed, where applicable) and paragraph (2) below, the statutory statement - 

    (2) In the case of any feed material sold in a quantity not exceeding 10 kg, and supplied directly to the final user thereof, 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 shall - 

    (4) For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) or, where applicable, (2), above, and such material in bulk shall 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 shall be in one or more official Community languages, as determined by that member State.

    (6) In the case of any feeding stuff, not being a zootechnical feeding stuff, which is intended for export to an EEA State which is not a member State, the statutory statement shall comply with the requirements of Article 18 of the Additives Directive as if the EEA State were a member State.

Register of marks
    
6.  - (1) As respects any feed material, the matters required by section 69(1) to be marked on that material may be denoted by a mark, the meaning of which can be ascertained by reference to a register kept in accordance with this regulation.

    (2) In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a purchaser - 

    (3) The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) above shall include the name and address of the purchaser, the date of the order and the amount ordered.

    (4) The register shall be kept as a separate record in book form, marked on the outside "Register of marks under section 69(6) of the Agriculture Act 1970" and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that, if the material is not in the premises of the person who has the material for sale, the register shall be kept on those premises.

    (5) The period for which the register is to be preserved in accordance with section 69(7) shall be six months, commencing on the first day on which none of the materials referred to in the register remains on the premises, for sale as aforesaid.

    (6) The register shall be made and kept by the seller concerned.

Limits of variation
    
7.  - (1) Section 74(2) shall have effect, in relation to England, as if, after the words "this Part of this Act" there were inserted the words ",or the Feeding Stuffs Regulations 2000,".

    (2) For the purposes of section 74, as modified by paragraph (1) above, 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 or, as the case may be, feed material, where the mis-statement relates to - 

shall be as set out with respect to that constituent or, as the case may be, 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, shall 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 - 

Assigned meanings
    
8. For the purposes of section 70, there shall be assigned to the expressions "complementary feeding stuff", "complete feeding stuff", "compound feeding stuff", "feeding stuff", "milk replacer feed", "mineral feeding stuff" and "molassed feeding stuff" in each case the meaning given by regulation 2(1) to the expression concerned.

Manner of packaging and sealing compound feeding stuffs, additives and premixtures
    
9.  - (1) Subject to paragraphs (2) and (3) below, no person shall sell a compound feeding stuff, or any additive or premixture, 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 sold in bulk, in unsealed bags or in unsealed containers, in the case of - 

    (3) Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags, in the case of - 

Control of feed materials
    
10.  - (1) No person shall put into circulation any feed material of a description specified in column (3) of Part II of Schedule 2, under a name other than that specified in the corresponding entry in column (2) of that Part.

    (2) No person shall put into circulation any feed material of a description specified in column (1) of Part III of Schedule 2, except under a name or description, or a name and description (other than one specified in that column or in column (2) of Part II of that Schedule) sufficiently specific to indicate the nature of the material.

    (3) No person shall - 

unless, in either case, the feed material was prepared by the process specified, in relation to the common name or term, in column (2), and described in column (3), of Part I of that Schedule.

    (4) No person shall put into circulation any feed material, or sell, or have in possession with a view to sale, any compound feeding stuff containing any feed material, unless - 

    (5) No person shall use any feed material to bind another feed material, if the quantity of the feed material so used exceeds 3 per cent of the total weight of the feed material bound.

    (6) Without prejudice to sections 73 and 73A, no person shall import into England from any country which is neither a member State nor another part of the United Kingdom, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, unless it is wholesome, and is not 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.

    (7) No person shall put into circulation any feed material in a manner likely to mislead.

    (8) In paragraph 4(a) above "description" shall be taken to exclude any botanical purity requirement.

Applications for Community authorisation of additives and of new uses for additives
    
11.  - (1) Any person wishing the United Kingdom to act as the rapporteur in connection with - 

may submit to the Agency an application for the Community authorisation of the additive or the new use of the additive, as the case may be, and a dossier relating to the additive, or the new use, as the case may be.

    (2) Where documentation is submitted to the Agency pursuant to paragraph (1) above, it shall - 

in accordance with Article 4.3 of the Additives Directive, if it is satisfied as specified in paragraph (3) below.

    (3) The Agency is satisfied in accordance with this paragraph if it is satisfied that - 

    (4) If, in relation to a dossier submitted pursuant to paragraph (1) above, the Agency is not satisfied about both the matters specified in paragraph (3) above, it shall reject the documentation, or postpone taking the action specified in paragraph (2) above in relation to the documentation, until such time as it is satisfied about both of those matters.

    (5) Where the Agency rejects documentation submitted to it pursuant to paragraph (1) above, or postpones taking the action specified in paragraph (2) above in relation to it, it shall inform the Commission, the applicant and each member State of the rejection or postponement, and shall notify them of the reasons for the rejection or postponement.

    (6) If requested to do so by the Commission, the Agency shall forward a copy of all or part of a dossier relating to any additive for which an application has been submitted to it pursuant to paragraph (1) above, to each member of the Scientific Committee for Animal Nutrition.

Confidential information relating to additives
    
12.  - (1) Subject to paragraphs (2) and (3) below, no person shall publish or disclose any confidential information obtained by him in the performance of functions under regulation 11, without the previous consent in writing of the person who, in accordance with that regulation, has made an application for Community authorisation of, or, as the case may be, for a new use of, the additive concerned.

    (2) Nothing in paragraph (1) above shall restrict the publication or disclosure of such information for the purpose of the exercise of functions under regulation 11.

    (3) Nothing in paragraph (1) above shall prevent 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" means information of the type specified in Article 7.1 of the Additives Directive.

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

Control of additives in feeding stuffs
    
13.  - (1) No person shall use an additive for the purpose of animal nutrition unless any incorporation thereof in a feeding stuff accords with paragraph (2) to (4) below.

    (2) Subject to regulation 23 and paragraph (8) below, no person shall carry out a relevant activity in relation to an additive, unless - 

    (3) In paragraph (2) above, "relevant activity", in relation to an additive, means any one or more of the following - 

    (a) the putting into circulation for use as a feeding stuff of any material containing the additive,

    (b) the use as a feeding stuff of any material containing the additive,

    (c) the putting of the additive into circulation, for incorporation in a feeding stuff,

    (d) the incorporation of the additive in a feeding stuff.

    (4) Without prejudice to paragraph (2) above, no person shall incorporate any additive into a feed material, unless - 

    (a) (where the additive is listed in any of Parts I to VIII of the Table to Schedule 3) the expression "all feeding stuffs" appears, opposite to that additive, whether or not accompanied by qualifying words, in the column headed "Conditions" in the Part concerned,

    (b) (where the additive is otherwise authorised) it is indicated in the European Community Regulation concerned that such incorporation is permitted, or

    (c) the additive is permitted to be contained in material pursuant to paragraph 5(1) of that Schedule.

    (5) Paragraphs (1) to (4) above shall not apply to any added substance which is - 

    (a) for use in accordance with an MFS prescription issued by a registered veterinarian, pursuant to regulation 29 of the Medicated Feedingstuffs Regulations 1998,

    (b) an authorised medicated premix,

    (c) an authorised intermediate product, or

    (d) a zootechnical additive.

    (6) Subject to paragraph (8) below, no person shall put into circulation, for use as a feeding stuff, any complementary feeding stuff which, when diluted as specified by the manufacturer for feeding to animals, contains any additive specified in any of Parts I to VIII of the Table to Schedule 3, or which is authorised by any European Community Regulation specified in Part IX of that Table, at a level exceeding that specified for that additive in the Part concerned or, as the case may be, in the European Community Regulation, in relation to complete feeding stuffs.

    (7) No person shall - 

    (a) mix in a premixture or feeding stuff, with an additive which is not a zootechnical additive, another additive which is not a zootechnical additive, unless such mixing is in accordance with Article 9q2 of the Additives Directive, or

    (b) mix a micro-organism with a zootechnical additive, unless such mixture is permitted as specified in Article 9q4 of the Additives Directive.

    (8) Paragraph (2) above, in so far as it regulates "putting into circulation", and paragraph (6) above, shall not apply in relation to any additive which is excluded from the application of the Additives Directive by Article 22 thereof.

    (9) No person shall use as a feeding stuff any material containing an additive (not being one permitted to be contained in material pursuant to paragraph 5(1) of, or referred to in any of Parts I to VIII of, the Table to Schedule 3, or which is otherwise authorised) which is deleterious to farmed creatures, to pet animals, to human beings or to the environment.

Control of feeding stuffs and feed materials containing undesirable substances
     14.  - (1) No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material specified in column 2 of Part I of Schedule 7, which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

    (2) No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any complementary feeding stuff if - 

    (3) No person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 7, which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

    (4) Without prejudice to paragraph (3) above, and subject to paragraph (5) below, no person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 7, or in column 2 of Chapter B of that Part, which contains any substance specified in relation to the material in question in the corresponding entry in column 1 of the Chapter in question, in excess of the level specified in column 3 of Part I of that Schedule in relation to the corresponding feed material, unless the feed material put into circulation - 

    (5) For the purposes of paragraph (4) above, no UK or EC establishment shall be considered an approved establishment unless - 

    (6) No person shall mix with any feeding stuff or feed material, any feed material specified in column 2 of Chapter A of Part II of Schedule 7, if the feed material so specified contains any substance specified in the corresponding entry in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

    (7) No person shall put into circulation any feed material unless it is - 

    (8) For the purposes of paragraph (7) above, and without prejudice to the provisions of paragraph (3) above, a feed material is not sound, genuine and of merchantable quality if (were it to be incorporated into any compound feeding stuff specified in column 2 of Part I of Schedule 7) the level of any substance specified in column 1 of that Part, and contained in the feed material, would exceed the level specified for that substance in column 3 of that Part in relation to the compound feeding stuff in question.

    (9) Where a person has or has had in his possession or control, for the purposes of a trade or business, any feeding stuff or feed material and becomes aware - 

he shall immediately notify the Agency, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1), has the duty to enforce Part IV of the Act in relation to the feeding stuff or feed material in question.

    (10) For the purposes of the foregoing provisions of this regulation - 

Control of compound feeding stuffs containing prohibited materials
     15.  - (1) No person shall sell, or have in possession with a view to sale, for use as a compound feeding stuff, or use as a compound feeding stuff, any material which contains - 

    (2) For the purposes of paragraph (1) above, except sub-paragraph (e), "waste" shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC[28] on waste, which is discarded or intended or required to be discarded.

Control of certain protein sources
     16.  - (1) Subject to paragraphs (3) and (4) below, no person shall 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 8, unless that material - 

    (2) Subject to paragraph (3) below, no person shall 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) above shall not apply in relation to any material or product excluded from application of the Certain Products Directive by Article 16 thereof.

    (4) Paragraph (1) above shall not apply in the circumstances authorised for derogation by Article 3.2 of the Certain Products Directive.

Control of the iron content of milk replacer feeds
    
17. No person shall sell, or have in possession with a view to sale, 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 per cent.

Control of ash insoluble in hydrochloric acid in compound feeding stuffs
    
18.  - (1) Subject to paragraph (2) below, no person shall sell, or have in possession with a view to sale - 

    (2) Paragraph (1)(b) above shall not apply to the sale of any compound feeding stuff which - 

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 shall sell, or have in possession with a view to sale, any feeding stuff intended for a particular nutritional purpose unless - 

    (2) Schedule 10 shall have effect as specified in Schedule 4.

Modification of the Agriculture Act 1970 in relation to all feeding stuffs
    
20.  - (1) Subsection (1) of section 66 shall have effect in England as if - 

    (2) Subsection (2)(b) of section 66 shall have effect in England as if the following were substituted for it - 

    (3) Sections 73 and 73A shall have effect in England 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 shall have effect in England as if - 

Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
    
21.  - (1) In relation to feeding stuffs which have been imported, section 69(1) shall continue to have effect in England subject to the modifications provided for in the following paragraph.

    (2) The words "and in either case before it is removed from the premises" shall be deleted.

Exemption from these Regulations
    
22. Insofar as provisions of these Regulations implement the Compound Feeding Stuffs Directive, they shall not apply in the circumstances specified in Article 14(c) of that Directive.

Further exemption from these Regulations
    
23. The provisions of regulation 13(2) (in so far as they regulate the putting into circulation of additives and material containing additives), and the provisions of regulation 13(7)(a), shall not apply in the circumstances specified in Article 9q5 of the Additives Directive.

Enforcement of provisions made under section 2(2) of the European Communities Act 1972
    
24. Subject to regulation 1(2), insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced 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 shall apply accordingly.

Modification of section 74A(3) of the Agriculture Act 1970
    
25.  - (1) In relation to England, for the purposes of the provisions specified in paragraph (2) below, section 74A(3) shall have effect as if, for the words "regulations under subsection (1) above, or fails to comply with any other provision of the regulations," there were substituted the words "any provision specified in regulation 25(2) of the Feeding Stuffs Regulations 2000".

    (2) The provisions specified for the purposes of paragraph (1) above are regulations 10(1), (2), (3)(a), (4) (in relation to putting into circulation) (6) and (7), 13(3)(a), (c) and (d), (4), (6) and (7) and 14(3), (4), (6), (7) and (9).

Revocations
    
26. The Feeding Stuffs Regulations 1995[30], the Feeding Stuffs (Amendment) Regulations 1996[31], the Feeding Stuffs (Amendment) Regulations 1998[32], the Feeding Stuffs (Amendment) (No. 2) Regulations 1998[33] and the Feeding Stuffs (Amendment) Regulations 1999[34] are hereby revoked in relation to England.

Modification of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
     27. In the Feeding Stuffs (Sampling and Analysis) Regulations 1999[35] - 

    (a) paragraph 5(1) of Part II of Schedule 1 shall have effect in England as if the words "section 76(1)(b) of the Act" read "section 76(7) of the Act, as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999"[36],

    (b) the references in paragraph 3(e)(ii) of Part I of Schedule 2, and paragraph 11(a) of Part II of Schedule 3, to "the Feeding Stuffs Regulations 1995", shall have effect in England as if they read "the Feeding Stuffs Regulations 2000", and

    (c) the second entry for Starch (polarimetric method), in Annex I to Part II to Schedule 2, shall have effect in England as if, for the provisions relating to that entry in columns 2 and 3, there were substituted the following provisions:

    Point 1 of Annex 1 to Directive 72/199/EEC (as replaced entirely by the Annex to Directive 1999/79/EC)(4) OJ No. L123, 29.5.72, p. 6. (OJ/SE 1966-1972 supplement p. 74). OJ No. L209, 7.8.1999, p. 23.".


Modification of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
     28.  - (1) The provisions of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999[37] specified in paragraph (2) below shall have effect in England as if, after the words "the Feeding Stuffs (Sampling and Analysis) Regulations 1999", wherever they occur, there were added the words ", as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000,"[38].

    (2) The provisions referred to in paragraph (1) above are regulations 98(8) and (9), 99 and 106(1).

Modification of the Feeding Stuffs (Enforcement) Regulations 1999
     29. In the Feeding Stuffs (Enforcement) Regulations 1999[39] - 

    (a) in regulation 7(2) and (4), the references to "the Feeding Stuffs Regulations 1995", shall have effect in relation to England as if they read "the Feeding Stuffs Regulations 2000",

    (b) in regulation 8, the reference to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall have effect in relation to England as if it were a reference to those Regulations as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by these Regulations;

    (c) regulation 9 shall have effect in relation to England as if, for the provisions of that regulation, there were substituted the following provisions:

 

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