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The Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 2006

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Statutory Rules of Northern Ireland

2006 No. 471

Agriculture

The Feed (Specified Undesirable Substances) Regulations (Northern Ireland) 2006

Made

23rd November 2006

Coming into operation

26th December 2006

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 1970(2), as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) Regulations (Northern Ireland) 2000(3).

In so far as these Regulations cannot be made under the powers in the Agriculture Act specified above, the Department of Health, Social Services and Public Safety makes these Regulations in exercise of its powers as a Department designated for the purposes of section 2(2) of the European Communities Act 1972(4) in relation to measures in the veterinary and phytosanitary fields for the protection of public health(5).

There has been consultation during the preparation of these Regulations in accordance with requirements of section 84(1) of the Agriculture Act 1970 or as appropriate of Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(6) 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.

Citation and commencement

1.—(1) These Regulations may be cited as the Feed (Certain Undesirable Substances) Regulations (Northern Ireland) 2006 and shall come into operation on 26th December 2006.

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

Amendments to the Feeding Stuffs Regulations (Northern Ireland) 2005

2.—(1) The Feeding Stuffs Regulations (Northern Ireland) 2005(8) are amended in accordance with paragraphs (2) to (4).

(2) In Part B of Schedule 4 (limits of variation), after the entries relating to methionine insert the entries for moisture as set out in Schedule 1 to these Regulations.

(3) In relation to the table in Chapter A of Schedule 5 (prescribed limits for undesirable substances) —

(a)for the entries in that table relating to cadmium, dioxin, fluorine and lead substitute the entries for those substances as set out in the table in Part 1 of Schedule 2 to these Regulations;

(b)after the entries for dioxin insert the entries for sum of dioxins and dioxin-like PCBs as set out in the table in Part 1 of Schedule 2 to these Regulations, and

(c)as footnotes to that table add the footnotes to the table in Part 1 of Schedule 2 to these Regulations.

(4) In relation to the table in Chapter D of Schedule 5 —

(a)for the entries in that table relating to camphechlor (toxaphene) substitute the entries as set out in the table in Part 2 of Schedule 2 to these Regulations, and

(b)as a footnote to that table add the footnote to the table in Part 2 of Schedule 2 to these Regulations.

Amendments to the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005

3.—(1) The Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005(9) are amended in accordance with paragraphs (2) to (4).

(2) Regulation 19 shall be revoked.

(3) In regulation 24(2) for “sworn information” substitute “sworn complaint”.

(4) After regulation 24, insert the following regulation —

24A.(1) For the purpose of carrying out investigations, in accordance with Article 4.2 of Directive 2002/32, to determine the source of those undesirable substances listed in Annex II to that Directive where action thresholds specified in that Annex have been reached, an authorised officer may, at all reasonable times and on producing if requested some duly authenticated document showing his authority, enter any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that feed has been or is being manufactured or produced, has been placed on the market or is being kept for the purpose of being placed on the market, incorporated into another product or used.

(2) An authorised officer entering any premises by virtue of this regulation may —

(a)take with him such other persons and such equipment as may appear to him to be necessary;

(b)inspect anything that he has the right to inspect under regulation 24(5), and

(c)take on those premises a sample of any material appearing to him to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used or intended for use as feed.

(3) Where for the purposes of taking a sample pursuant to paragraph (2)(c) an authorised officer takes material from one or more containers each of which weighs no more than six kilograms, and which are exposed for sale by retail, the owner of the container may require the authorised officer to purchase the container on behalf of the authority for which he acts.

(4) An authorised officer entering any premises by virtue of this regulation has the same rights to production, inspection and copying of records, including records kept on or produced by a computer, as are specified in paragraphs (9)(a) and (b) and (10)(c) of regulation 24.

(5) Paragraph (14) of regulation 24 applies to the power of entry under this regulation as it does to such powers under that regulation.

(6) Directive 2002/32 means Directive 2002/32/EC of the European Parliament and of the Council(10) on undesirable substances in animal feed, as amended by Commission Directive 2003/57/EC(11), Commission Directive 2003/100/EC(12), Commission Directive 2005/8/EC(13), Commission Directive 2005/86/EC(14), Commission Directive 2005/87/EC(15) and Commission Directive 2006/13/EC(16).

(5) In paragraph (4) of regulation 27, after the expression “regulation 24” insert “or regulation 24A”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 23rd November 2006.

Legal seal

Don Hill

A senior officer of the Department of Health, Social Services and Public Safety

Regulation 2(2)

SCHEDULE 1Entries to be added in Part B of Schedule 4 to the Feeding Stuffs Regulations (Northern Ireland) 2005

Analytical constituentsLimits of variation (absolute value in percentage by weight, except where otherwise specified)
MoistureIf present in excess—
3 for declarations of 40% or more
7.5% of the amount stated for declarations of 20% or more but less than 40%
1.5 for declarations less than 20%

Regulation 2(3) & (4)

SCHEDULE 2

PART 1Entries to be substituted or added in Chapter A of Schedule 5 to the Feeding Stuffs Regulations (Northern Ireland) 2005

Column 1: Undesirable substancesColumn 2: Products intended for animal feedColumn 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
(1)

Maximum levels refer to an analytical determination of this substance, whereby extraction is performed in nitric acid (5% w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency.

(2)

WHO-TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15-18 June 1997 (Van den Berg et al., (1998), Toxic Equivalency Factors (TEFs) for PCBs, PCDDs and PCDFs for Humans and for Wildlife, Environmental Health Perspectives, 106(12), 775).

(3)

The separate maximum level for dioxins (PCDD/F) remains applicable for a temporary period. The products intended for animal feed mentioned in column 2 have to comply both with the maximum levels for dioxins and with the maximum levels for the sum of dioxins and dioxin-like PCBs during that temporary period.

(4)

Fresh fish directly delivered and used without intermediate processing for the production of feed for fur-producing animals is not subject to the maximum levels, while maximum levels of 4.0 ng WHO-PCDD/F-TEQ/kg product and 8.0 ng WHO-PCDD/F-PCB-TEQ/kg product are applicable to fresh fish used for the direct feeding of pet animals, zoo and circus animals. The products, processed animal proteins produced from these animals (fur-producing animals, pet animals and zoo and circus animals) cannot enter the food chain and cannot be fed to farmed animals which are kept, fattened or bred for the production of food.

(5)

Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency.

Cadmium(1)Feed materials of vegetable origin1
Feed materials of animal origin2
Feed materials of mineral origin2
except:
– phosphates10
Additives belonging to the functional group of compounds of trace elements10
except:
– copper oxide, manganous oxide, zinc oxide and manganous sulphate monohydrate30
Additives belonging to the functional groups of binders and anti-caking agents2
Premixtures15
Mineral feeding stuffs:
– containing less than 7% phosphorus5
– containing 7% or more phosphorus0.75 per 1% phosphorus, subject to a maximum of 7.5
Complementary feeding stuffs for pet animals2
Other complementary feeding stuffs0.5
Complete feeding stuffs for cattle, sheep and goats and feeding stuffs for fish1
except:
– complete feeding stuffs for pet animals2
– complete feeding stuffs for calves, lambs and kids, and other complete feeding stuffs0.5
Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs))expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 1997(2) (3)Feed materials of plant origin with the exception of vegetable oils and their by-products0.75 ng WHO-PCDD/F-TEQ/kg
Vegetable oils and their by-products0.75 ng WHO-PCDD/F-TEQ/kg
Feed materials of mineral origin1.0 ng WHO-PCDD/F-TEQ/kg
Animal fat, including milk fat and egg fat2.0 ng WHO-PCDD/F-TEQ/kg
Other land animal products, including milk and milk products and eggs and egg products0.75 ng WHO-PCDD/F-TEQ/kg
Fish oil6.0 ng WHO-PCDD/F-TEQ/kg
Fish, other aquatic animals, their products and by-products, with the exception of fish oil and fish protein hydrolysates containing more than 20% fat(4)1.25 ng WHO-PCDD/F-TEQ/kg
Fish protein hydrolysates containing more than 20% fat2.25 ng WHO-PCDD/F-TEQ/kg
The additives kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the functional groups of binders and anti-caking agents0.75 ng WHO-PCDD/F-TEQ/kg
Additives belonging to the functional group of compounds of trace elements1.0 ng WHO-PCDD/F-TEQ/kg
Premixtures1.0 ng WHO-PCDD/F-TEQ/kg
Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish0.75 ng WHO-PCDD/F-TEQ/kg
Feed for fish and pet foods2.25 ng WHO-PCDD/F-TEQ/kg
Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification
Sum of dioxins and dioxin-like PCBs (sum of polychlorinated dibenzo-para-dioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and polychlorinated biphenyls (PCBs)) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 1997(2) (3)Feed materials of plant origin with the exception of vegetable oils and their by-products1.25 ng WHO-PCDD/F-PCB-TEQ/kg
Vegetable oils and their by-products1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Feed materials of mineral origin1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Animal fat, including milk fat and egg fat3.0 ng WHO-PCDD/F-PCB-TEQ/kg
Other land animal products, including milk and milk products and eggs and egg products1.25 ng WHO-PCDD/F-PCB-TEQ/kg
Fish oil24.0 ng WHO-PCDD/F-PCB-TEQ/kg
Fish, other aquatic animals, their products and by-products, with the exception of fish oil and fish protein hydrolysates containing more than 20% fat(4)4.5 ng WHO-PCDD/F-PCB-TEQ/kg
Fish protein hydrolysates containing more than 20% fat11.0 ng WHO-PCDD/F-PCB-TEQ/kg
Additives belonging to the functional groups of binders and anti-caking agents1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Additives belonging to the functional group of compounds of trace elements1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Premixtures1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish1.5 ng WHO-PCDD/F-PCB-TEQ/kg
Feed for fish and pet foods7.0 ng WHO-PCDD/F-PCB-TEQ/kg
Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification
Fluorine(5)Feed materials150
except:
– feeding stuffs of animal origin other than marine crustaceans such as marine krill500
– marine crustaceans such as marine krill3,000
– phosphates2,000
– calcium carbonate350
– magnesium oxide600
– calcareous marine algae1,000
Vermiculite (E 561)3,000
Complementary feeding stuffs
– containing 4% phosphorus or less500
– containing more than 4% phosphorus125 per 1% phosphorus
Complete feeding stuffs150
except:
– complete feeding stuffs for cattle, sheep and goats
– – in lactation30
– – other50
– complete feeding stuffs for pigs100
– complete feeding stuffs for poultry350
– complete feeding stuffs for chicks250
Lead(1)Feed materials10
except:
– green fodder (including products such as hay, silage, fresh grass, etc)30
– phosphates and calcareous marine algae15
– calcium carbonate20
– yeasts5
Additives belonging to the functional group of compounds of trace elements100
except:
– zinc oxide400
– manganous oxide, iron carbonate, copper carbonate200
Additives belonging to the functional groups of binders and anti-caking agents30
except:
–clinoptilolite of volcanic origin60
Premixtures200
Complementary feeding stuffs10
except:
– mineral feeding stuffs15
Complete feeding stuffs5

PART 2Entries to be substituted in Chapter D of Schedule 5 to the Feeding Stuffs Regulations (Northern Ireland) 2005

Column 1: Undesirable substancesColumn 2: Products intended for animal feedColumn 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
(1)

Numbering system according to Parlar, prefixed by either “CHB” or “Parlar #”:

— CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane,
— CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane,
— CHB 62: 2,2,5,5,8,9,9,10,10- nonachlorobornane.
Camphechlor (toxaphene) — sum of indicator congeners CHB 26, 50 and 62(1)Fish, other aquatic animals, their products and by-products with the exception of fish oil0.02
Fish oil0.2
Feeding stuffs for fish0.05

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations make further amendments to the Feeding Stuffs Regulations (Northern Ireland) 2005 (SR 2005 No. 545 as already amended by SR 2006 No. 18 and SR 2006 No.427) (“the Feeding Stuffs Regulations”), and also amend the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005 (SR 2005 No. 546) (“the Feed Hygiene Regulations”).

2.  These Regulations provide for the implementation of the following EC Directives —

(a)Commission Directive 2005/86/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards camphechlor (OJ No. L318, 6.12.2005, p.16);

(b)Commission Directive 2005/87/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium (OJ No. L318, 6.12.2005, p.19); and

(c)Commission Directive 2006/13/EC amending Annexes I and II to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards dioxins and dioxin-like PCBs (OJ No. L32, 4.2.2006, p.44).

3.  The Regulations also implement a provision contained in Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ No. L86, 6.4.1979, p.30), as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p.36). This provision relates to the limits of variation for the declaration of the moisture content of compound pet foods.

4.  The Regulations amend the Feeding Stuffs Regulations —

(a)In Part B of Schedule 4 by inserting limits of variation for declarations of the moisture content of compound pet foods (regulation 2(2) and Schedule 1);

(b)in Chapter A of Schedule 5 by amending the existing entries for cadmium, dioxins, fluorine and lead, and by adding new entries relating to the sum of dioxins and dioxin-like PCBs (regulation 2(3) and Part 1 of Schedule 2); and

(c)in Chapter D of Schedule 5 by amending the existing entries for camphechlor (toxaphene) (regulation 2(4) and Part 2 of Schedule 2).

5.  The Regulations amend the Feed Hygiene Regulations —

(a)by revoking regulation 19 (Appeals to County Court) (regulation 3(2));

(b)by substituting the term ‘sworn information’ with ‘sworn complaint’ (regulation 3(3));

(c)by inserting a new regulation 24A to give authorised officers powers of entry, sampling, inspection and associated activities in order to carry out the investigative functions required by Directive 2002/32/EC as amended by Commission Directive 2006/13/EC (regulation 3(4)); and

(d)by amending regulation 27(4) (which deals with disclosure of information related to sampling) so as to extend its application to sampling conducted under regulation 24A (regulation 3(5)).

(1)

Formerly the Department of Health and Social Services; see S.I.1999/283 (N.I. 1), Article 3

(2)

1970 c.40; Section 66(1) is modified in its application to Northern Ireland by section 86 of the Act. Section 66(1) contains definitions of the expressions “prescribed” and “regulations”; Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6

(6)

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3)

(10)

OJ No. L140, 30.5.2002, p.10

(11)

OJ No. L151, 19.6.2003, p.38

(12)

OJ No. L285, 1.11.2003, p.33

(13)

OJ No. L27, 29.1.2005, p.44

(14)

OJ No. L318, 6.12.2005, p.16

(15)

OJ No. L318, 6.12.2005, p.19

(16)

OJ No. L32, 4.2.2006, p44. This amending Directive introduced action thresholds and the requirement to investigate

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