The Feeding Stuffs (Amendment) (No. 2) Regulations 1998

Statutory Instruments

1998 No. 2072

AGRICULTURE

The Feeding Stuffs (Amendment) (No. 2) Regulations 1998

Made

23rd August 1998

Laid before Parliament

25th August 1998

Coming into force

Except in relation to regulation 3

26th August 1998

In relation to regulation 3

16th September 1998

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 66(1), 68(1), (1A) and (3), 69(1), (3), (6) and (7), 74A and 84 of the Agriculture Act 1970(1) and of all other powers enabling them in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, and the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title and commencement E+W+S

1.  These Regulations may be cited as the Feeding Stuffs (Amendment) (No. 2) Regulations 1998 and shall come into force on the following dates–

(a) except in relation to regulation 3, on 26th August 1998, and

(b) in relation to regulation 3, on 16th September 1998.

Commencement Information

I1 Reg. 1 in force at 26.8.1998, see reg. 1(a)

Amendment of the Feeding Stuffs Regulations 1995 E+W+S

2.  The Feeding Stuffs Regulations 1995(4) shall be amended in accordance with regulations 3 and 4 below.

Commencement Information

I2 Reg. 2 in force at 26.8.1998, see reg. 1(a)

3.  In the Table in Schedule 4 (permitted additives and provisions relating to their use)–

(a) in Part III (permitted emulsifiers, stabilisers, thickeners and gelling agents)–

(i) in Chapter A, the entries relating to the name or description “Furcellaran” shall be deleted;

(ii) in Chapter B–

(A) in the provisions relating to the name or description “Gellan Gum (Polytetrasaccharide containing glucose, glucuronic acid and rhamnose (2 : 1 : 1) produced by Pseudomonas elodea (ATCC 31466))”, for the expression in column 5 there shall be substituted the expression “Feeding stuffs with a moisture content exceeding 20%”;

(B) in the provisions relating to the name or description “Cassia Gum”, for the expression in column 5 there shall be substituted the expression “Feeding stuffs with a moisture content exceeding 20%”; and

(b) in Part VIII (permitted preservatives), in the provisions in Chapter B relating to the name or description “sodium nitrite”, for the expression in column 5 there shall be substituted the expression “100 (feeding stuffs with a moisture content exceeding 20% only)”.

Commencement Information

I3 Reg. 3 in force at 16.9.1998, see reg. 1(b)

4.  In Schedule 5 (prescribed limits for undesirable substances)–

(a) in Part I (feeding stuffs), in Chapter A, after the provisions relating to the substance “Cadmium” there shall be inserted the following provisions:

“Dioxin (sum of PCDD and PCDF), expressed in International Toxic Equivalents

Citrus pulp

500 pg I–TEQ/kg (upper bound detection limit) Note: Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection”

(b) in Part II (ingredients), after the provisions relating to the substance “Arsenic” there shall be added the following provisions:

“Dioxin (sum of PCDD and PCDF), expressed in International Toxic Equivalents

Citrus pulp

500 pg I–TEQ/kg (upper bound detection limit) Note: Upper bound concentrations are calculated assuming that all values of the different congeners less than the limit of detection are equal to the limit of detection”

Commencement Information

I4 Reg. 4 in force at 26.8.1998, see reg. 1(a)

Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

19th August 1998

Sewel

Parliamentary Under Secretary of State, Scottish Office

23rd August 1998

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

20th August 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Feeding Stuffs Regulations 1995 as amended (“the principal Regulations”) and implement the following two European Community Directives (the first in part, the second in full—the remainder of the first being implemented by the Feeding Stuffs (Zootechnical Products) Regulations 1998 (S.I. 1998/1047)):

• Commission Directive 97/72/EC (OJ No. L351, 23.12.97, p. 55) amending Council Directive 70/524/EEC concerning additives in feeding stuffs;

• Commission Directive 98/60/EC (OJ No. L209, 25.7.98, p. 50) amending Council Directive 74/63/EEC on the fixing of maximum permitted levels for undesirable substances and products in feeding stuffs.

The Regulations–

(a) delete the entry relating to the additive Furcellaran in Chapter A of Part III of the Table in Schedule 4 to the principal Regulations (regulation 3(a)(i));

(b) amend the entries relating to the additives Gellan Gum and Cassia Gum in Chapter B of that Part (regulation 3(a)(ii)(A) and (B) respectively);

(c) amend the entry relating to the additive sodium nitrite in Chapter B of Part VIII of Schedule 4 to the principal Regulations (regulation 3(b)); and

(d) add entries relating to the substance dioxin in Parts I and II of Schedule 5 to the principal Regulations (regulation 4(a) and (b) respectively).

(1)

1970 c. 40; section 74A was inserted by the European Communities Act 1972, c. 68, Schedule 4, paragraph 6, and the Act was amended by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980). 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.

(2)

S.I. 1972/1811.

(3)

1972 c. 68.

(4)

S.I. 1995/1412, amended by S.I. 1996/1260 and S.I. 1998/104.