The Feeding Stuffs (England) (Amendment) Regulations 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend the Feeding Stuffs (England) Regulations 2005 (SI 2005/3281) (“the 2005 Regulations”) by inserting into them a provision requiring the percentage of each feed material contained in a compound feed to be declared, within a tolerance of ±15%, on the label of the compound feed or on an accompanying document, (regulation 2(2)). This provision was formerly contained in the Feeding Stuffs Regulations 2000 (SI 2000/2481) as amended by SI 2003/1503 (“the 2000 Regulations”).

2.  These Regulations also revoke a provision in the 2000 Regulations requiring the exact percentage of each feed material in a compound feed to be disclosed to customers on request (regulation 3(a)).

3.  The provisions of the 2000 Regulations referred to in paragraphs 1 and 2 above implemented, in relation to England, Article 1.4 and Article 1.1(b) respectively of Directive 2002/2/EC of the European Parliament and of the Council amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ No. L63, 6.3.2002, p.23).

4.  Following implementation, the provisions were suspended by order of the High Court pending the outcome of a referral to the European Court of Justice (ECJ). During the period of suspension, all of the 2000 Regulations other than the suspended provisions were revoked and replaced by the 2005 Regulations.

5.  In response to the referral the ECJ has ruled that Article 1.4 of Directive 2002/2/EC is legally valid, whereas Article 1.1(b) is not.

6.  A full regulatory impact assessment that this instrument will have on the costs of business has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Animal Feed Unit of the Primary Production Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.