The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2004
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The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 74A 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 article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002[3]), and being a Minister designated[4] for the purposes of section 2(2) of the European Communities Act 1972[5] in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on him by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), after consultation as required by section 84(1) of the Agriculture Act 1970 and 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[6], makes the following Regulations: Title, application and commencement 1. These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2004, shall apply in relation to England only and shall come into force on 19th November 2004. Amendments to the Feeding Stuffs Regulations 2000 2. - (1) The Feeding Stuffs Regulations 2000[7] are amended, in so far as they apply in relation to England, in accordance with paragraphs (2) to (5). (2) In regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) after paragraph (6) add the following -
(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. (8) Any person referred to in paragraph
(7) shall, 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 (7) is within the limit specified in the relevant entry in
column 3 of Part I of Schedule 7. (3) For regulation 15 (control of compound
feeding stuffs containing prohibited materials) substitute the
following -
15. - (1) No person shall put into circulation for use as a feeding stuff, or use as a feeding stuff, any material which contains -
(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 use in propagation, or derived by-products; (d) wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market[8]; (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", "domestic waste water", or "industrial waste water" (as those terms are defined in Article 2 of Council Directive 91/271/EEC concerning waste water treatment), whatever the origin of the waste water concerned[9]; (f) solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 laying down health rules concerning animal by-products not intended for human consumption[10]; (g) packaging and parts of packaging from products used in agriculture or the food industry. (2) For the purposes of paragraph (1)
"waste" shall have the meaning given in Article 1 of Council
Directive 74/442/EEC[11]. (4) In Part IX (European Community
Regulations by which additives are controlled) of Schedule 3
-
(5) For the entries relating to arsenic,
fluorine, lead, aflatoxin B1, free gossypol and endosulphan
which are set out in columns 1 to 3 of Part I (feeding stuffs) of
Schedule 7 (prescribed limits for undesirable substances) substitute
the entries set out in columns 1 to 3 respectively of the Schedule to
these Regulations.
(This note is not part of the Regulations) 1. These Regulations, which apply in relation to England only, further amend the Feeding Stuffs Regulations 2000 (S.I. 2000/2481, as already amended), "the 2000 Regulations". The 2000 Regulations largely apply in relation to England only. 2. These Regulations implement Commission Directive 2003/100/EC (OJ No. L285, 1.11.2003, p.33) amending Directive 2002/32/EC of the European Parliament and of the Council (OJ No. L140, 30.5.2002, p.15) on undesirable substances in animal feed, and also implement Commission Decision 2004/217/EC (OJ No. L67, 5.3.2004, p.31) adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited. 3. Regulation 2 of these Regulations amends the 2000 Regulations by -
(b) making detailed amendments to the list of prohibited materials set out in regulation 15 of the 2000 Regulations, and extending to the circulation or use as feed materials the existing prohibition on the circulation or use in connection with compound feeding stuffs (paragraph (3)); (c) adding to Part IX of Schedule 3 eight new European Commission Regulations authorising new additives or new uses of certain additives in feeding stuffs, or as the case may be making permanent the existing provisional authorisation of an additive (paragraph (4)). (d) amending the prescribed limits for undesirable substances set out in Schedule 7 of the 2000 Regulations in respect of arsenic, fluorine, lead, aflatoxin B1, free gossypol and endosulphan (paragraph (5)); 4. Regulations 3 to 5 make
consequential amendments to references to the Feeding Stuffs
Regulations 2000 as they appear in various Regulations and in the
Agriculture Act 1970. Notes: [1] 1970 c. 40. Section 66(1) contains definitions of the expressions "the Ministers", "prescribed" and "regulations"; the definition of "the Ministers" was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of "the Ministers", so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.back [4] S.I. 1972/1811, amended by S.I. 2002/794.back [6] OJ No. L31, 1.2.2002, p.1, as amended by Regulation (EC) No. 1642./2003 (OJ No. L245, 29.9.2003, p.4). Under Article 3 of the EC Regulation "food law" extends to feed produced for, or fed to, food producing animals.back [7] S.I. 2000/2481, amended by S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1503, S.I. 2003/2912 and S.I. 2004/1301.back [8] OJ No. L123, 24.4.98, p.1.back [9] OJ No. L135, 30.5.91, p.40, as amended by Commission Directive 98/15/EC, OJ No. L67, 7.3.98, p.29.back [10] OJ No. L273, 10.10.2002, p.1.back [11] OJ No. L194, 25.7.75, p.39, as last amended by Regulation (EC) 1882/2003, OJ No. L284, 31.10.2003, p.1.back [12] OJ No. L67, 5.3.2004, p.31.back [13] S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/541, S.I. 2002/892, S.I. 2003/1296, S.I. 2003/1503, S.I. 2003/2912 and S.I. 2004/2146.back [14] S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2000/2481, S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1296 and S.I. 2003/1503.back
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