The Feeding Stuffs (Establishments and Intermediaries) Regulations 1998

General interpretation

2.—(1) In these Regulations—

“the Act” means the Agriculture Act 1970(1);

“additive” has the meaning given by Article 2(a) of Directive 70/524;

“agricultural analyst” means an agricultural analyst appointed under section 67 of the Act, and includes a deputy agricultural analyst so appointed for the same area, but in Northern Ireland does not include the Chief Agricultural Analyst;

“animal” includes any bird, insect or fish;

“the Annex” means the Annex to Directive 95/69;

“Article 12 establishment” means an establishment to which Article 12 of Directive 95/69 applies;

“authorised person” means a person (whether or not an officer of the competent body) who is authorised by the competent body, either generally or specially, to act in relation to matters arising under these Regulations;

“the Chief Agricultural Analyst” means the Chief Agricultural Analyst for Northern Ireland;

“the competent body” means—

(a)

in Great Britain—

(i)

in the case of establishments, the body referred to in section 67(1), (1A) or (2) of the Act in the area of which the establishment concerned is, and

(ii)

in the case of intermediaries, the body referred to as aforesaid in the area of which an intermediary is exercising, or, as the case may be, proposes to exercise, any activity the exercising of which by intermediaries is controlled by these Regulations; and

(b)

in Northern Ireland, the Department of Agriculture for Northern Ireland;

“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 feeding, as a complete or a complementary feeding stuff, to any pet animals or any farmed creatures;

“controlled product” means any additive, premixture, Directive 82/471 product or compound feeding stuff, which is subject to any of the controls contained in these Regulations;

“daily ration” means the average total quantity of feeding stuff, expressed on a 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;

“Directive 70/524” means Council Directive 70/524/EEC concerning additives in feeding stuffs(2);

“Directive 82/471” means Council Directive 82/471/EEC concerning certain products used in animal nutrition(3);

“Directive 82/471 product” means a product regulated by Directive 82/471;

“Directive 95/69” means Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC(4);

“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 any pet animals or any farmed creatures;

“fish” includes shellfish;

“member state” means a member state other than the United Kingdom;

“the Minister” means the Minister of Agriculture, Fisheries and Food;

“official checks” means official checks of the kinds specified in Article 13 of Directive 95/69 and Article 21.1 of Directive 70/524;

“pet animal” means any animal belonging to a species normally kept and nourished, but not consumed, by man;

“premises” includes any land, vehicle, vessel, aircraft or hovercraft;

“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;

“putting into circulation” has the meaning given by Article 1.3(a) of Directive 95/69;

“retained part of the sample” means that part of a sample retained by an authorised person pursuant to regulation 84(d);

“third country” means a country other than a member state;

“zootechnical additive” means an antibiotic, a coccidiostat or other medicinal substance, or a growth promoter;

“zootechnical premixture” means a premixture that contains a zootechnical additive.

(2) Unless the context otherwise requires, in these Regulations—

(a) any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations,

(b) any reference in a regulation to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs,

(c) the expressions listed in Part I of Schedule 1 have the same meaning as in Directive 70/524, and

(d) the expressions listed in Part II of Schedule 1 have the same meaning as in Directive 95/69.

(3) In these Regulations, any reference to a European Community Directive is a reference to that Directive as amended as at the date these Regulations are made.

(1)

1970 c. 40.

(2)

OJ No. L270, 14.12.70, p.11 (OJ/SE Vol. 18, p.4), last amended by Council Directive 96/51/EC (OJ No. L235, 17.9.96, p.39).

(3)

OJ No. L213, 21.7.82, p.8, last amended by Council Directive 96/25/EC (OJ No. L125, 23.5.96, p.35).

(4)

OJ No. L332, 30.12.95, p.15.