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The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003

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Welsh Statutory Instruments

2003 No. 3119 (W.297)

AGRICULTURE, WALES

The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003

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(1) (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000(2) and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002(3)) and now exercisable by it in relation to Wales(4), 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(5), and being designated(6) for the purposes of section 2(2) of the European Communities Act 1972(7) 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:

Title, application and commencement

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.

Amendment of the Feeding Stuffs (Wales) Regulations 2001

2.—(1) The Feeding Stuffs (Wales) Regulations 2001(8) 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..

Consequential amendments to the Feeding Stuffs (Wales) Regulations 2001

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(9), the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001(10), the Feeding Stuffs (Amendment) (Wales) Regulations 2002(11), the Feeding Stuffs (Amendment) (Wales) Regulations 2003(12), the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003(13) 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..

Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999

4.  The Feeding Stuffs (Sampling and Analysis) Regulations 1999(14) shall be amended in so far as they apply in relation to Wales in accordance with regulations 5 and 6.

5.  In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “, 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”.

6.  In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “, 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”.

Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

7.  The Feeding Stuffs (Enforcement) Regulations 1999(15) shall be amended in so far as they apply in relation to Wales in accordance with regulations 8 to 11.

8.  In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —

(a)for paragraph (2) there shall be substituted the following paragraph —

(2) The purpose referred to in paragraph (1) is the enforcement and administration of —

(a)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, as read with Part IV of the Act; and

(b)sections 73 and 73A of the Act.; and

(b)for paragraph (4) there shall be substituted the following paragraph —

(4) The purpose referred to in paragraph (3) is the enforcement and administration of —

(a)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, as read with Part IV of the Act; and

(b)sections 73 and 73A of the Act..

9.  In each of regulations 11, 11A and 11B for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “, 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”.

10.  In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003” there shall be substituted the expression “, 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”.

11.  In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —

(17) In this section —

“compound feeding stuff” has the meaning given in regulation 2(1) 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;

“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in 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, as read with this Part of this Act, or in section 73 or 73A of this Act;

“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) 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;

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

“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying..

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(16)

D.Elis-Thomas

The Presiding Officer of the National Assembly

2nd December 2003

Regulation 2(2)

SCHEDULEPART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001

PART IIPERMITTED COLOURANT

Column 1Column 2Column 3Column 4Column 5Column 6
EEC No.Name or DescriptionChemical Formula, descriptionKind of animal permittedMaximum content (mg/kg in complete) feedingstuffsConditions

1.  Carotenoids and xanthophylls:

E160cCapsanthinC40H5603}}
E160eBeta-apo-8'- carotenalC30H400}}80
E160fEthyl ester of beta-apo-8'-carotenoic acidC32H4402}Poultry}(alone or with the other carotenoids and xanthophylls)
E161bLuteinC40H5602}}
E161cCryptoxanthinC40H560}
E161gCanthaxanthinC40H5202Poultry other than laying hens25The 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 hens8The 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, trout25Use 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 rulesAll 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, trout25

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 hens8

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

E161hZeaxanthinC40H5602Poultry}80 (alone or with other carotenoids and xanthophylls)
E161iCitranaxanthinC33H440Laying hens}
E161jAstaxanthinC40H5204

(a)Salmon, trout

100Use 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

E102TartrazineC16H9N4 Na3O9S2}
E110Sunset yellow FCFC16H10N2 Na2O7S2} Ornamental
E124Ponceau 4RC20H11N2 Na3O10S3} fish
E127ErythrosineC20H6I4Na2O5 H2O
E131Patent Blue VCalcium 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

E132IndigotineC16H8N2 Na2O8S2Ornamental fish
E141Chlorophyll copper complexOrnamental fish
E142Acid 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

E153Carbon blackC}
E160BBixinC25H30O4} Ornamental fish
E172Iron oxide, redFe2O3}

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(17)

(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

Explanatory Note

(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).

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).

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).

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)).

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).

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.

(1)

1970 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.

(2)

S.I. 2000/656.

(3)

S.I. 2002/794.

(4)

Functions 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.

(5)

OJ 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.

(6)

S.I. 1999/2788.

(14)

S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/2253 (W. 163), S.I. 2002/1797 (W. 172), S.I. 2003/1677 (W. 180) and S.I. 2003/1850 (W. 200).

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