The Feeding Stuffs (Wales) Regulations 2006

PART 1 INTRODUCTORY AND GENERAL

Title, commencement and application

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

Interpretation

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Agriculture Act 1970;

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

“the Additives Directive” (“y Gyfarwyddeb Ychwanegion”) means Council Directive 70/524/EEC concerning additives in feeding stuffs(1);

“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(2);

“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(3);

“the Certain Products Directive” (“y Gyfarwyddeb Cynhyrchion Penodol”) means Council Directive 82/471/EEC concerning certain products used in animal nutrition(4);

“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(5);

“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(6);

“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(7);

“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(8);

“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(9), 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(10);

“mammalian meat and bone meal” (“blawd cig ac esgyrn mamaliaid”) has the meaning given in Regulation 3(1) of the TSE (Wales) Regulations 2002(11);

“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(12);

“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(13);

“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(14);

“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(15);

“undesirable substance” (“sylwedd annymunol”) means any substance or product, not being a pathogenic agent, which is present in or on a product intended for animal feed and—

(a)

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

(b)

could adversely affect livestock production;

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

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

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

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

Modification of the Agriculture Act 1970 in relation to all feeding stuffs

3.—(1) Subsection (1) of section 66 has effect in Wales as if—

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

“feeding stuff” means—

(a)

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

(b)

a product derived from the industrial processing of such a product; or

(c)

an organic or inorganic substance, used singly or in a mixture,

whether or not containing additives, for oral feeding to pet animals or farmed creatures;”;

(b)

for the definition of “pet animal” there were substituted the following definition—

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

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

“(b) material shall be treated—

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

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

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

(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.

(1)

OJ No. L270, 14.12.70, p.1 (OJ/SE Vol. 18, p.4), as last amended by Council Directive 1999/20/EC (OJ No. L80, 25.3.1999, p.20).

(2)

OJ No. L268, 18.10.2003, p.29.

(3)

OJ No. L155, 12.7.71, p.13 (OJ/SE 1971(II), p.480).

(4)

OJ No. L213, 21.7.82, p.8, as last amended by Commission Directive 2004/116/EC (OJ No. L379, 24.12.2004, p.81).

(5)

OJ No. L86, 6.4.79, p.30. Last amended by Directive 2002/2/EC of the European Parliament and of the Council (OJ No. L63, 6.3.2002, p.23).

(6)

OJ No. L35, 8.2.2005, p.1.

(7)

OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987). (Part IV was replaced entirely by Annex 1 to Directive 84/4/EEC (OJ No. L15. 18.1.84, p.28. That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p.14)).

(8)

OJ No. L125, 23.5.96, p.35. Last amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1).

(9)

OJ No. L92, 7.4.90, p.42.

(10)

OJ No. L83, 30.3.73, p.21. (Point 3 of Annex 1 was replaced entirely by the Annex to Directive 92/89/EEC) (OJ No. L344, 26.11.92, p.35)).

(11)

S.I. 2002/1416 (W.142), as amended by S.I. 2004/2735 (W.242).

(12)

OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987), amended by Article 1 of Directive 73/47/EEC (OJ No. L83, 30.3.73, p.35).

(13)

OJ No. L279, 20.12.71, p.7 (OJ/SE 1971(III), p.987). (Part IV was replaced entirely by Annex 1 to Directive 84/4/EEC (OJ No. L15. 18.1.84, p.28). That Annex was in turn replaced entirely by Part B of the Annex to Directive 98/64/EC (OJ No. L257, 19.9.98, p.14)).

(14)

OJ No. L123, 29.5.72, p.6 (OJ/SE 1966-1972 supplement, p.74), (Point 2 of Annex 1 has been replaced by the Annex to Directive 93/28/EEC (OJ No. L179, 22.7.93, p.8)).

(15)

S.I. 2001/343 (W.15), as last amended by S.I. 2004/3091 (W.265).

(16)

OJ No. L268, 18.10.2003, p.29.