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Feeding Stuffs Regulations (Northern Ireland) 1995

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Control of feeding stuffs and ingredients containing undesirable substances

15.—(1) A person shall not 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 5 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) A person shall not sell, or have in possession with a view to sale, any complementary feeding stuff which contains a substance specified in column 1 of Part I of Schedule 5 unless—

(a)that feeding stuff is specified in the corresponding entry in column 2 thereof; and

(b)the instructions for use are so worded as to ensure that—

(i)the feeding stuff is used only as part of a daily ration; and

(ii)the daily ration contains no more of the specified substance than the level specified in relation thereto for complete feeding stuffs.

(3) A person shall not, for use as an ingredient, import into Northern Ireland from a country other than a member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any material specified in column 2 of Part II of Schedule 5 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) A person shall not, for use as an ingredient, import into Northern Ireland from a country other than a member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation to straight feeding stuffs in column 3 of Part I of that Schedule unless—

(a)the material is intended for use only by manufacturers of compound feeding stuffs who are then listed in the most recently published national list; and

(b)it is accompanied by a document stating—

(i)that the material is intended for use only by the persons specified in sub-paragraph (a);

(ii)that the material may not be fed unprocessed to livestock; and

(iii)the amount of the specified substance contained in the material.

(5) A person shall not mix with any feeding stuff or ingredient, any ingredient specified in column 2 of Part II of Schedule 5, if the ingredient 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.

(6) A person shall not import into Northern Ireland from a country other than a member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any ingredient, unless that ingredient is sound, genuine and of merchantable quality.

(7) For the purposes of paragraph (6), and without prejudice to the provisions of paragraph (3), an ingredient is not sound, genuine and of merchantable quality if, where the ingredient is incorporated into any compound feeding stuff specified in column 2 of Part I of Schedule 5, the level of any substance specified in column 1 of that Part and contained in the ingredient exceeds the level specified for that substance in column 3 of that Part in relation to the compound feeding stuff in question.

(8) Paragraphs (1) to (5) shall not apply to any substance which is—

(a)for use in accordance with a written direction given by a veterinary surgeon or a veterinary practitioner for the treatment of a particular animal or particular animals under his care;

(b)a medicinal product or for use for a medicinal purpose in a feeding stuff.

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

(a)in the case of a feeding stuff, that the feeding stuff does not comply with any requirement of paragraph (1) or (2); or

(b)in the case of an ingredient, that the ingredient does not comply with any requirement of paragraph (3), (4), (6) or (7), he shall immediately notify the Department of Agriculture.

(10) For the purposes of the foregoing provisions of this regulation “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, to the descriptions of animals specified in regulation 3 (being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land) or to animals living freely in the wild, and “daily ration” and “ingredient” shall be construed accordingly.

(11) A person shall not 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—

(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)treated hide including leather and 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 treated with wood protection products;

(e)sludge from sewage plants treating waste waters;

(f)solid urban waste, such as household waste;

(g)untreated waste from eating places, except food stuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness; or

(h)packaging and parts of packaging from products used in agriculture or the food industry.

(12) For the purposes of paragraph (11), except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC(1), which is discarded or intended or required to be discarded.

(1)

O.J. No. L194. 25.7.75, p.39

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