11.—(1) A person shall not use an additive for the purpose of animal nutrition unless any incorporation in a feeding stuff accords with paragraphs (2) to (4).
(2) Subject to regulation 21 and paragraph (8), a person shall not carry out a relevant activity in relation to an additive, unless—
(a)where the additive is not contained in a feeding stuff—
(i)the additive is—
(aa)permitted to be contained in material intended for use as a feeding stuff pursuant to paragraph 5(1) of Schedule 3, or
(bb)specified in any of Parts I to VIII of the Table to Schedule 3(1), or
(ii)the relevant activity relates to an additive referred to in any European Community Regulation specified in Part IX of that Table,
(b)where the additive is contained in a feeding stuff, it is covered by sub-paragraph (a) and, where applicable, the feeding stuff or, as the case may be, the relevant activity, complies with the relevant requirements specified in Schedule 3 or, as the case may be, with the relevant conditions required to be observed for compliance with the European Community Regulation concerned.
(3) In paragraph (2), “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), a person shall not 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) 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), a person shall not 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) A person shall not—
(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), in so far as it regulates “putting into circulation”, and paragraph (6), shall not apply in relation to any additive which is excluded from the application of the Additives Directive by Article 22.
(9) A person shall not 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.
Parts I to VIII relate only to additives covered by European Community Directives. Part IX relates only to additives covered by European Community Regulations