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There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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Welsh Statutory Instruments
AGRICULTURE, WALES
Made
2nd December 2003
Coming into force
3rd December 2003
The National Assembly for Wales acting in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 1970 M1 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 M2 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M3) and now exercisable by it in relation to Wales M4, after consultation as required by section 84(1) of that Act and by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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 M5, and being designated M6 for the purposes of section 2(2) of the European Communities Act 1972 M7 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), makes the following Regulations:
Marginal Citations
M11970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”; the definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.
M4Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.
M5OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.
1.—(1) These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003.
(2) These Regulations shall apply to Wales only and shall come into force on 3rd December 2003.
2.—(1) The Feeding Stuffs (Wales) Regulations 2001 M8 shall be amended in accordance with paragraphs (2) and (3).
(2) For Part II of the Table set out in Schedule 3 (permitted additives and provisions relating to their use) there shall be substituted the Part set out in the Schedule to these Regulations.
(3) In Part IX of Schedule 3 —
(a)the following text shall be inserted immediately after the reference to Commission Regulation (EC) No. 688/2003 — “ Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs17. Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs18. ”; and
(b)the following text is inserted at the end —
“17. OJ No. L125, 21.5.2003, p.3
18. OJ No. L126, 22.5.2005, p.24.”.
Marginal Citations
M8S.I. 2001/343 (W. 15), amended by S.I. 2001/1797 (W. 172), S.I. 2003/989 (W. 138) and S.I. 2003/1850 (W. 200).
3.—(1) The Feeding Stuffs (Wales) Regulations 2001 shall be amended, insofar as they apply in relation to Wales, in accordance with paragraphs (2) and (3).
(2) For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph —
“(1) Section 74(2) shall have effect as if after the words “this Part of this Act” there were inserted the words “or the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001 M9, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 M10, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 M11, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 M12, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 M13 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003.”.
(3) For paragraph (1) of regulation 24 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph —
“(1) For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) shall have effect as if for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003.”.
Marginal Citations
M9S.I. 2001/2253 (W. 163).
M10S.I. 2001/3461 (W. 280).
M11S.I. 2002/1797 (W. 172).
M12S.I. 2003/989 (W. 138).
M13S.I. 2003/1850 (W. 200).
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
M14 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D.Elis-Thomas
The Presiding Officer of the National Assembly
Marginal Citations
Regulation 2(2)
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
---|---|---|---|---|---|
EEC No. | Name or Description | Chemical Formula, description | Kind of animal permitted | Maximum content (mg/kg in complete) feedingstuffs | Conditions |
1. Carotenoids and xanthophylls: | |||||
E160c | Capsanthin | C40H5603 | } | } | |
E160e | Beta-apo-8'- carotenal | C30H400 | } | }80 | |
E160f | Ethyl ester of beta-apo-8'-carotenoic acid | C32H4402 | }Poultry | }(alone or with the other carotenoids and xanthophylls) | |
E161b | Lutein | C40H5602 | } | } | |
E161c | Cryptoxanthin | C40H560 | } | ||
E161g | Canthaxanthin | C40H5202 | Poultry other than laying hens | 25 | The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff |
Laying hens | 8 | The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff | |||
Salmon, trout | 25 | Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff | |||
Dogs, cats and ornamental fish | |||||
Canthaxanthin authorised for colouring foodstuffs by Community rules | All species or categories of animals other than poultry, salmon, trout, dogs and cats | Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
Dogs and cats | |||||
Poultry other than laying hens, salmon, trout | 25 | Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
Laying hens | 8 | Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
E161h | Zeaxanthin | C40H5602 | Poultry | }80 (alone or with other carotenoids and xanthophylls) | |
E161i | Citranaxanthin | C33H440 | Laying hens | } | |
E161j | Astaxanthin | C40H5204 | (a)Salmon, trout | 100 | Use only permitted from the age of 6 months onwards. The mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff |
(b)Ornamental fish | |||||
2. Other colourants | |||||
E102 | Tartrazine | C16H9N4 Na3O9S2 | } | ||
E110 | Sunset yellow FCF | C16H10N2 Na2O7S2 | } Ornamental | ||
E124 | Ponceau 4R | C20H11N2 Na3O10S3 | } fish | ||
E127 | Erythrosine | C20H6I4Na2O5 H2O | |||
E131 | Patent Blue V | Calcium salt of the disulphonic acid of m-hydroxytetra ethyl diamino triphenylcarbinol anhydride | (a)All species or categories of animals with the exception of dogs and cats | Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, (ii) denatured cereals of manioc flour, or (iii) other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |
(b)Dogs and cats | |||||
E132 | Indigotine | C16H8N2 Na2O8S2 | Ornamental fish | ||
E141 | Chlorophyll copper complex | Ornamental fish | |||
E142 | Acid Brilliant Green BS, (Lissamine Green) | Sodium sale of 4,4'- bis (dimethylamino) diphenylmethylene -2-naphthol-3,6- disulphonic acid | (a)All species or categories of animals with the exception of dogs, cats and ornamental fish | Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, (ii) denatured cereals of manioc flour, or (iii) other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |
(b)Dogs, cats and ornamental fish | |||||
E153 | Carbon black | C | } | ||
E160B | Bixin | C25H30O4 | } Ornamental fish | ||
E172 | Iron oxide, red | Fe2O3 | } | ||
3. All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 1990 M15 | (a)All species or categories of animals with the exception of dogs and cats | Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
(b)Dogs and cats” |
Marginal Citations
(This note is not part of the Regulations)
1. These Regulations, which apply to Wales only, further amend the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343 (W. 15), as already amended).E+W
2. These Regulations implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (OJ No. L22, 25.1.2003, p. 28).E+W
3. These Regulations modify the controls in the Feeding Stuffs (Wales) Regulations 2001 regulating the presence of additives in feedingstuffs by specifying new maximum levels in feed for the colourant canthaxanthin (regulation 2(2) and the Schedule).E+W
4. They also provide for the enforcement of Commission Regulation (EC) No.871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (OJ No. L125, 21.5.2003, p.3) and Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs (OJ No. L126, 22.5.2003, p.24) (regulation 2(3)).E+W
5. These Regulations also make consequential amendments to regulations 7(1) and 25(1) of the Feeding Stuffs (Wales) Regulations 2001 (regulation 3) and consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 4 to 11).E+W
6. A regulatory appraisal has been prepared in relation to these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Directive 2003/7/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EN.E+W
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