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The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 66(1), 68(1), (1A) and (3), 69(1) and (3), 70(1), 73(3), 74(1), 74A and 84 of the Agriculture Act 1970[1] and now vested in them[2] and of all other powers enabling them in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, and the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[3] for the purposes of section 2(2) of the European Communities Act 1972[4] in relation to the common agricultural policy of the European Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf hereby make the following Regulations:—
Title and commencement
1.—(1) These Regulations may be cited as the Feeding Stuffs Regulations 1988, and shall come into force for the purposes of regulation 16(3) and (4), paragraph 16 of Schedule 1 and Part II of Schedule 5 on 3rd December 1988, for the purposes of Chapter D of Part I of Schedule 5 on 3rd December 1990 and for all other purposes on 6th April 1988.
(2) Regulation 17 shall cease to have effect on 3rd December 1988.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
"The Act" means the Agriculture Act 1970;
"additive" means any substance, or preparation containing any substance, other than a premixture as defined, which, when incorporated into a feeding stuff, is likely to affect its characteristics or livestock production;
"ash" means the matter which results from the treatment of the feeding stuff in accordance with the appropriate procedure described in method 12 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982[5];
"complementary feeding stuff" means a mixture of feeding stuffs 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" means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;
"compound feeding stuff" means a mixture of products of vegetable or animal origin in their natural state, fresh or preserved, or products derived from the industrial processing thereof, or organic or inorganic substances, whether or not containing additives, for oral animal feeding in the form of complete feeding stuffs or complementary feeding stuffs;
"daily ration" means the average total quantity of feeding stuff, expressed on 12 per cent 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;
"energy value" means the energy value of a feeding stuff calculated in accordance with the method described in Schedule 9;
"fat" means the extract obtained as a result of treatment of the feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982[6];
"fibre" means the organic matter calculated as a result of treatment of the feeding stuff in accordance with the procedure described in method 9 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
"ingredient" means—
(a) a product of vegetable or animal origin, in its original state, fresh or preserved;
(b) any product derived from such a product by industrial processing;
(c) any organic or inorganic substance; whether containing additives or not, which is intended for circulation as a straight feeding stuff or for the preparation of a compound feeding stuff or as a carrier of a premixture;
"medicinal product" and "medicinal purpose" have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968[7];
"milk replacer feed" 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" means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;
"molassed feeding stuff" means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;
"moisture" means water and other volatile material determined in accordance with the procedure described in method 2 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
"name", in relation to an additive, means the name used in relation to that additive in the Table in Schedule 4;
"national list" means the list of manufacturers of compound feeding stuffs published in London on the 30th November 1988 by the Ministry of Agriculture, Fisheries and Food for the purposes of Article 3a(2)(a) of the Council Directive 74/63/EEC on undesirable substances and products in animal nutrition[8].
"oil" means the extract obtained as a result of treatment of the feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
"pet food" means a feeding stuff for pet animals and "compound pet food" shall be construed accordingly;
"premixture" means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;
"protein" means the matter obtained as a result of treatment of the feeding stuff in accordance with the procedure described in method 4 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
"protein equivalent of urea, biuret, urea phosphate and diureidoisobutane" means the amount of urea, biuret, urea phosphate and diureidoisobutane nitrogen multiplied by 6.25;
"starch" means the matter obtained as the result of treatment of the feeding stuff in accordance with method 30a or 30b, as appropriate, of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
"straight feeding stuff" means a vegetable or animal product in its natural state, fresh or preserved, and any product derived from the industrial processing thereof, and any single organic or inorganic substance, whether or not it contains any additive, intended as such for oral animal feeding.
(2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
(3) Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Descriptions of animals prescribed for the purpose of the definition of feeding stuff
3. For the purpose of the definition of feeding stuff in section 66(1), bulls, cows, steers, heifers, calves, sheep, lambs, goats, kids, swine, horses, deer, rabbits (other than pet rabbits), mink, partridges, pheasants, poultry, bees and farmed fish are prescribed animals.
Prescribed descriptions of material
4. The description of material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff (other than a straight feeding stuff intended for use as a pet food), and any material usable as an ingredient in such a feeding stuff.
Matters required and permitted to be contained in a statutory statement
5. For the purposes of subsections (1) and (1A) of section 68 the particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement shall be those set out in Schedule 1.
Forms of statutory statement
6.—(1) In the case of material of a prescribed description delivered in a package or other container the statutory statement shall either—
(a) take the form of a label attached to that package or container; or
(b) be clearly marked directly thereon; and in the case of such material delivered in bulk the statutory statement shall take the form of a document relating to each consignment.
(2) The particulars, information and instructions required by section 68(1) and permitted by section 68(1A) to be contained in a statutory statement shall—
(a) be clearly separate from any other information,
(c) be legible and indelible.
(3) For the purposes of section 69 (marking of material prepared for sale), material of a prescribed description which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) of this regulation, and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
Control of particulars concerning the ingredients of compound feeding stuffs
7.—(1) No person shall—
(a) sell a compound feeding stuff in relation to which the statutory statement, label or any document given to the purchaser in connection with a particular delivery, refers to the presence of any ingredient (other than a substance required or permitted by regulation 5 to be named in the statutory statement or a substance controlled under regulation 15);
(b) have on his premises for the purpose of selling it in the course of trade any compound feeding stuffwhich is ready for sale and marked so as to show the presence of any such ingredient: unless the statutory statement or label or document or mark, as the case may be, lists all the ingredients present in the compound feeding stuff concerned, either individually or in appropriately described categories of ingredients of like characteristic or nature, or a combination thereof, in descending order of proportion by weight.
(2) Without prejudice to the provisions of paragraph (1) above, no person shall, in any statutory statement relating to a compound feeding stuff intended for use as a pet food—
(a) use any description of any category of ingredients other than the appropriate description specified in relation to that category in the first column of Schedule 6;
(b) include in any list of ingredients both a description of a category of ingredients and the name of an individual ingredient, except in the case of an individual ingredient which is not included in any category described and defined in Schedule 6.
Time by which a statutory statement relating to certain material must be given
8. For the purpose of section 68(3), any statutory statement required to be given on the sale of any straight feeding stuff delivered in bulk may be given as soon as practicable after delivery to the purchaser.
Register of marks
9.—(1) As respects any straight feeding stuff of a prescribed description the matters required by section 69(1) to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
(2) In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser, there shall be an indication in a document, ticket or notice which is readily apparent and unequivocally associated with the material, of the type of feeding stuff and of the name or trade name, and of the address or registered office of the manufacturer. The other matters required by section 69(1) to be marked on the material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
(3) The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) of this regulation shall include the name and address of the purchaser, the date of the order and the amount ordered. The register shall be kept as a separate record in book form marked on the outside "Register of marks under section 69(6) of the Agriculture Act 1970" and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.
(4) The period for which the register is to be preserved in accordance with section 69(7) shall be a period of six months commencing on the first day on which none of the materials referred to in the register remains on the premises for sale as aforesaid.
(5) The register shall be made and kept by the seller concerned.
Assigned Meanings
10. For the purposes of section 70 the meaning assigned by these Regulations to "complementary feeding stuff", "complete feeding stuff", "compound feeding stuff", "milk replacer feed", "mineral feeding stuff" and "molassed feeding stuff" shall be in each case the meaning given to that name or expression by regulation 2(1).
Limits of variation
11. For the purpose of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff which relates to an analytical constituent or energy value mentioned in the first column of Schedule 3 shall be as set out with respect to that constituent or value in the second column of the said Schedule.
Manner of packaging and sealing compound feeding stuffs, additives and premixtures
12.—(1) Subject to paragraphs (2), (3) and (4) below no person shall sell a compound feeding stuff or any additive or premixture unless it is in a bag or container and unless that bag or container is sealed in such a way that when the bag or container is opened the seal is damaged and cannot be re-used.
(2) Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers in the case of—
(a) deliveries between producers or sellers of compound feeding stuffs;
(b) deliveries from producers of compound feeding stuffs to packaging firms;
(c) compound feeding stuffs obtained by mixing grain or whole fruit;
(e) small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which before opening complied with the sealing provision of paragraph (1) above.
(3) Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags in the case of—
(a) direct deliveries from the producer to the final user;
(b) molassed feeding stuffs consisting of less than three ingredients;
(c) pelleted feeding stuffs.
(4) Additives and premixtures may be sold in bulk, in unsealed bags or in unsealed containers in the case of deliveries to manufacturers of premixtures or feeding stuffs.
Meanings of names and purity of materials
13.—(1) For the purpose of section 70, any name of a material specified in column 2 of Schedule 2 shall have the meaning assigned thereto in column 3 of the said Schedule.
(2) No person shall sell or have in possession with a view to sale any vegetable material named in Column 2 of Schedule 2 of which the botanical purity is less than 95%.
Control of the moisture content of certain compound feeding stuffs
14. No person shall sell or have in possession with a view to sale a compound feeding stuff which contains more than 40% of milk products by weight, unless the said feeding stuff contains no more than 7% of moisture by weight.
Control of added substances contained in feeding stuffs
15.—(1) No person shall sell or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, or import into Great Britain for such use any material containing any additive, unless the material complies with the relevant provisions of Schedule 4, and it shall be proof of an offence under section 74A(3) if a sampled portion of the material is shown by an analysis of the sample taken from it not to comply with a relevant provision of the said Schedule.
(2) Paragraph (1) of this regulation shall not apply to any substance which is—
(a) for use in accordance with a written direction given by a veterinary surgeon or 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.
(3) No person shall use as a feeding stuff or import into Great Britain for such use any material containing any added substance, not being a substance of a name or description specified in the Table in Schedule 4, which is deleterious to animals of any description specified in regulation 3, to pet animals, to human beings or to the environment, and it shall be proof of an offence under section 74A(3) if a sampled portion of the material is shown by an analysis of the sample taken from it to contain an added substance which is deleterious as aforesaid.
(4) No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or import into Great Britain for such use, any complementary feeding stuff, which, when diluted as specified by the manufacturer for feeding to animals, contains levels of additives which exceed those specified in Schedule 4 in relation to complete feeding stuffs.
Control of feeding stuffs and ingredients containing undesirable substances
16.—(1) No person shall sell, or have in possession with a view to sale, for 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) No person shall 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 second column 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) that the daily ration contains no more of the specified substance than the level specified in relation thereto for complete feeding stuffs.
(3) No person shall sell, or have in possession with a view to sale, for use as an ingredient, 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) No person shall sell, or have in possession with a view to sale, for use as an ingredient, 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 listed in the national list; and
(b) it is accompanied by a document stating—
(i) that the material is intended only for the use specified in sub-paragraph (a) above,
(ii) that the material may not be fed unprocessed to livestock, and
(iii) the amount of the specified substance contained in the material.
(5) Paragraphs (1) to (4) of this regulation 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.
Restriction on importation and sale of material containing Aflatoxin B1
17. No person shall import into Great Britain, or sell or have in possession with a view to sale, for use as a feeding stuff any material which is groundnut or a derivative of groundnut in which the level of Aflatoxin B1 exceeds 0.05 mg/kg, and it shall be proof of an offence under section 74A(3) if a sampled portion of the material is shown by an analysis of the sample taken from it to contain a level of Aflatoxin B1 exceeding 0.05 mg/kg.
Control of certain protein sources
18.—(1) No person shall sell, or have in his possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 7 unless that material—
(a) is named as a permitted product in column 2 of that Schedule; and
(b) complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 7 of the Schedule.
(2) No person shall—
(a) sell, or have in his possession with a view to sale, for use as a feeding stuff;
(b) use as a feeding stuff any product obtained from yeasts of the "Candida" variety cultivated on n-alkanes.
Control of additives and premixtures
19.—(1) No person shall sell any additive in a bag or container which is not labelled or marked in accordance with Part I of Schedule 8 and paragraph (3) of this regulation.
(2) No person shall sell any premixture in a bag or container which is not labelled or marked in accordance with Part II of Schedule 8 and paragraph (3) of this regulation.
(3) Every label or mark required by paragraph (1) or (2) of this regulation shall conform to the provisions of regulation 6(1) and (2) as if such label or mark were a statutory statement.
(4) If any person sells any additive or premixture in contravention of any provision of this regulation he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
Control of iron content of milk replacer feeds
20. No person shall sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.
Modification of the Agriculture Act 1970 in relation to all feeding stuffs
21.—(1) Sections 66 and 82 of the Act shall apply, in relation to all feeding stuffs, subject to the modifications provided for in the following paragraphs.
(2) For subsection (2) of section 66 there shall be substituted the following subsection:
"(2) For the purposes of this Act—
(a) material shall be treated as sold for use as a fertiliser whether it is sold to be so used by itself or as an ingredient in something which is to be so used;
(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 so used by itself or as an ingredient or additive in something which is to be so used;
(ii) as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is to be so used."
(3) In subsection (1) of section 82 for the words "68(4)(b) and (c)" there shall be substituted the words "68(1A), (4)(b) and (c)" and for the words "and 73" there shall be substituted the words "73, 73A and 74A".
Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
22.—(1) In relation to feeding stuffs which have been imported section 69(1) shall have effect subject to the modifications provided for in the following paragraph.
(2) The words "and in either case before it is removed from the premises" shall be omitted, and for the words "the material" there shall be substituted the words "any material which has been marked in accordance with this subsection".
Exemptions
23. These regulations shall not apply to any feeding stuff which is intended for use only foremrule;
(a) the experimental investigation or testing of substances controlled under regulation 15;
(b) other purposes of scientific research or experiment, and which is not generally available for sale, purchase or use as a feeding stuff, and is clearly marked to that effect.
Revocation
24. The Feeding Stuffs (No. 2) Regulations 1986[9] are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
3rd March.
L.S.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
2nd March 1988
Peter Walker
Secretary of State for Wales
2nd March 1988
Notes:
[1] 1970 c. 40; section 74A was inserted by the European Communities Act 1972, c. 68, Schedule 4, paragraph 6, and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980). back
[2] In the case of the Secretary of State for Wales by virtue of S.I. 1978/272. back
[3] S.I. 1972/1811. back
[4] 1972 c. 68; section 2 is subject to Schedule 2 to the Act and is to be read, as regards England and Wales, with section 40 of the Criminal Justice Act 1982 (c. 48), and as regards Scotland, with sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), which were inserted by section 54 of the said Act of 1982. back
[5] S.I. 1982/1144, amended by S.I. 1984/52 and 1985/1119. back
[6] Method 3 was amended by S.I. 1985/1119. back
[7] 1968 c. 67. back
[8] O.J. No. L38, 11.2.1974, p.31, amended by Council Directive 86/354/EEC (O.J. No. L212, 2.8.1986, p.27). back
[9] S.I. 1986/1735. back | |
