The Feeding Stuffs (Amendment) Regulations 1999

“EC approved Article 2.2(d) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in a Member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;

“EC approved Article 2.2(f) establishment" means an establishment listed on a register of approved establishments, maintained by a competent authority in a Member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer’s holding;

“EC permitted Article 2.2(d) establishment" means an establishment located in a Member State (other than an EC approved Article 2.2(d) establishment or an establishment which a competent authority in the Member State has declined to approve as such an establishment) if–

a

a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

b

before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 2.2(f) establishment" means an establishment located in a Member State (other than an EC approved Article 2.2(f) establishment or an establishment which a competent authority in the Member State has declined to approve as such an establishment) if–

a

a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

b

before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the Member State, in accordance with any requirements in the Member State, in accordance with any requirements in the Member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer’s holding;

“establishment" has the meaning given by Article 1.3 of the Establishments Directive;

“the Establishments Directive" 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/EECF5;

“feed material" means a product or substance within the definition of “feed materials" in Article 2(b) of Council Directive 1999/29/EC on undesirable substances and products in animal nutrition;

“Member State" means a Member State other than the United Kingdom;

“national list" means the list of establishments published in London by the Minister of Agriculture, Fisheries and Food, for the purposes of Article 6.1 of the Establishments Directive;

“put into circulation" means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, but in regulation 15(3), (4) and (6) also means import into Great Britain from a country other than an EEA State;

“third country" means a country other than a Member State or the United Kingdom; subject to regulation 15(4A), “UK approved Article 2.2(d) establishment", “UK approved Article 2.2(f) establishment", “UK permitted Article 2.2(d) establishment" and “UK permitted Article 2.2(f) establishment" have the meanings given by regulation 3 of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1998;

3

No person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 5, which contains any substance specified in column 1 of that Part in excess of the maximum content specified in relation thereto in column 3 thereof.

4

Subject to paragraph (4A) below, no person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 5, or in column 2 of Chapter B of that Part, which contains any substance specified in relation to the material in question in the corresponding entry in column 1 of the Chapter in question, in excess of the maximum content specified in relation to the corresponding feed material in column 3 of Part I of that Schedule, unless the feed material put into circulation–

a

is intended for use only on–

i

a UK approved or permitted Article 2.2(d) establishment,

ii

a UK approved or permitted Article 2.2(f) establishment,

iii

an EC approved or permitted Article 2.2(d) establishment, or

iv

an EC approved or permitted Article 2.2(f) establishment, and

b

is accompanied by a document stating–

i

that it is intended for use by such establishments,

ii

that it may not be fed unprocessed to livestock, and

iii

the amount of the specified substance contained in it,

or is intended for supply by way of export to a third country.

4A

For the purposes of paragraph (4) above, no UK or EC establishment shall be considered an approved establishment unless–

a

in the case of a UK establishment, it is included in the most recently published national list (if any),

b

in the case of an EC establishment, it is included in the most recently published list (if any) equivalent in the Member State concerned to the national list.

5

No person shall mix with any feeding stuff or feed material, any feed material specified in column 2 of Chapter A of Part II of Schedule 5, if the feed material so specified contains any substance specified in the corresponding entry in column 1 of that Part in excess of the maximum content specified in relation thereto in column 3 thereof.

6

No person shall put into circulation any feed material unless it is–

a

sound and genuine, and

b

of merchantable quality.