Feeding Stuffs (Amendment) (No. 2) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 373

AGRICULTURE

Feeding Stuffs (Amendment) (No. 2) Regulations (Northern Ireland) 1998

Made

28th October 1998

Coming into operation

1st December 1998

The Department of Agriculture, being a Department designated(1) for the purposes of section 2(2)(2) of the European Communities Act 1972(3)(4) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section and sections 66(1), 68(1), (1A) and (3), 69(1), (3), (6) and (7), 74A(5), 84 and 86 of the Agriculture Act 1970(6) and of all other powers enabling it in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to it to represent the interests concerned, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Feeding Stuffs (Amendment) (No. 2) Regulations (Northern Ireland) 1998 and shall come into operation on 1st December 1998.

(2) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Feeding Stuffs Regulations (Northern Ireland) 1995

2.  The Feeding Stuffs Regulations (Northern Ireland) 1995(8) shall be amended in accordance with regulations 3 and 4.

3.—(1) In Part III (permitted emulsifiers, stabilisers, thickeners and gelling agents) of the Table in Schedule 4—

(a) in Chapter A, the entries relating to the name or description “Furcellaran” shall be deleted; and

(b) in Chapter B—

(i) in the provisions relating to the name or description “Gellan Gum (Polytetrasaccharide containing glucose, glucuronic acid and rhamnose (2:1:1) produced by Pseudomonas elodea (ATCC 31466))”, for the expression in column 5 there shall be substituted the expression “Feeding stuffs with a moisture content exceeding 20%”; and

(ii) in the provisions relating to the name or description “Cassia Gum”, for the expression in column 5 there shall be substituted the expression “Feeding stuffs with a moisture content exceeding 20%”.

(2) In Part VIII (permitted preservatives) of the Table in Schedule 4, in the provisions in Chapter B relating to the name or description “sodium nitrite”, for the expression in column 5 there shall be substituted the expression “100 (feeding stuffs with a moisture content exceeding 20% only)”.

4.  In Schedule 5 (prescribed limits for undesirable substances)—

(a) in Part I (feeding stuffs), in Chapter A, after the provisions relating to the substance “Cadmium” there shall be inserted the following provisions:

“Dioxin (sum of PCDD and PCDF), expressed in International Toxic Equivalents

Citrus pulp

500pg I – TEQ/kg (upper bound detection limit) Note: Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection”; and

(b) in Part II (ingredients), after the provisions relating to the substance “Arsenic” there shall be added the following provisions:

“Dioxin (sum of PCDD and PCDF), expressed in International Toxic Equivalents

Citrus pulp

500pg I – TEQ/kg (upper bound detection limit) Note: Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection.”

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

L.S.

Liam McKibben

Assistant Secretary

28th October 1998.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Feeding Stuffs Regulations (Northern Ireland) 1995 (“the principal Regulations”) and implement as respects Northern Ireland the following two European Community Directives (the first in part, the second in full – the remainder of the first being implemented by the Feeding Stuffs (Zootechnical Products) Regulations 1998 (S.I. 1998/1047)):

Commission Directive 97/72/EC (O.J. No. L351, 23.12.97, p. 55) amending Council Directive 70/524/EEC concerning additives in feeding stuffs;

Commission Directive 98/60/EC (O.J. No. L209, 25.7.98, p. 50) amending Council Directive 74/63/EEC on the fixing of maximum permitted levels for undesirable substances and products in feeding stuffs.

The Regulations—

(a) delete the entry relating to the additive Furcellaran in Chapter A of Part III of the Table in Schedule 4 to the principal Regulations (regulation 3(a)(i));

(b) amend the entries relating to the additives Gellan Gum and Cassia Gum in Chapter B of that Part (regulation 3(a)(ii)(A) and (B) respectively);

(c) amend the entry relating to the additive sodium nitrite in Chapter B of Part VIII of Schedule 4 to the principal Regulations (regulation 3(b)); and

(d) add entries relating to the substance dioxin in Parts I and II of Schedule 5 to the principal Regulations (regulation 4(a) and (b) respectively).

(1)

S.I. 1972/1811

(2)

As read together with section 2(5) of the European Economic Area Act 1993

(3)

1972 c. 68; section 2 is subject to Schedule 2 to the Act and is to be read with S.I. 1984/703 (N.I. 3) and S.R. 1984 No. 253

(4)

The enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51)

(5)

Inserted by 1972 c. 68 section 4(1) and Schedule 4, paragraph (6)

(6)

1970 c. 40 as amended by S.I. 1982/980

(7)

1954 c. 33 (N.I.)

(8)

S.R. 1995 No. 451, as amended by S.R. 1996 No. 259 and S.R. 1998 No. 124