The Feeding Stuffs (Amendment) Regulations 1993

Amendment of the Feeding Stuffs Regulations 1991

5.—(1) In regulation 2(1), for the definition of “feeding stuff” there shall be substituted the following definition:

• ““feeding stuff”, subject to regulation 14(5B), has the meaning attributed to it by section 66(1) as modified by regulation 19(1). ”.

(2) In regulation 14—

(a) in paragraphs (3) and (4), for the words “No person shall sell, or have in possession with a view to sale, for use as an ingredient”, there shall be substituted the words “No person shall, for use as an ingredient, import into Great Britain from a country other than a Member State of the European Economic Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying,”;

(b) after paragraph (4), there shall be inserted the following paragraphs—

“(4A)   No person shall 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 column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

(4B)   No person shall import into Great Britain from a country other than a Member State of the European Economic 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.

(4C)   For the purposes of paragraph (4B) above, and without prejudice to the provisions of paragraph (3) above, 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. ”;

(c) in paragraph (5), for the expression “paragraphs (1) to (4)” there shall be substituted the expression “paragraphs 1 to (4A)”;

(d) after paragraph (5) there shall be inserted the following paragraphs:

“(5A) 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) above, or

(b) in the case of an ingredient, that the ingredient does not comply with any requirement of paragraph (3), (4), (4B) or (4C) above,

he shall immediately notify the Minister of Agriculture, Fisheries and Food, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1), has the duty to enforce Part IV of the Act.

(5B) 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 above (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. ”.