The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004
Title, application and commencement
1.
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004, apply in relation to Wales only and come into force on 9 July 2004.
Amendments to the Feeding Stuffs (Wales) Regulations 2001
2.
(1)
(2)
In Part V (trace elements) of Schedule 3 (permitted additives and provisions relating to their use), the entries relating to Iron-Fe, Cobalt-Co, Copper-Cu, Manganese-Mn and Zinc-Zn are deleted.
(3)
In Part IX (European Community Regulations by which additives are controlled) of Schedule 3 —
(a)
“Commission Regulation (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements(19).
Commission Regulation (EC) No. 1801/2003 provisionally authorising the new use of a certain micro-organism in feedingstuffs(20).
Commission Regulation (EC) No. 1847/2003 concerning the provisional authorisation of a new use of an additive and the permanent authorisation of an additive already authorised in feedingstuffs(21).
Commission Regulation (EC) No. 2112/2003 correcting Regulation (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group trace elements(22).
Commission Regulation (EC) No. 2154/2003 provisionally authorising certain micro-organisms in feeding stuffs(23).
Commission Regulation (EC) No. 277/2004 concerning the authorisation without time limit of an additive in feeding stuffs (3-phytase for turkeys for fattening)(24).
Commission Regulation (EC) No. 278/2004 provisionally authorising a new use of an additive already authorised in feeding stuffs (preparation of endo-1, 4-beta-xylanase and subtilisin for laying hens)(25).
Commission Regulation (EC) No. 490/2004 provisionally authorising the new use of an additive already authorised in feeding stuffs (saccharomyces cerevisiae)(26).” and
(b)
“(19)
OJ No. L187, 26.7.2003, p.11.
(20)
OJ No. L264, 15.10.2003, p.16.
(21)
OJ No. L269, 21.10.2003, p.3.
(22)
OJ No. L317, 2.12.2003, p.22.
(23)
OJ No. L324, 11.12.2003, p.11.
(24)
OJ No. L047, 18.2.2004, p.20.
(25)
OJ No. L047, 18.2.2004, p.22.
(26)
OJ No. L079, 17.3.2004, p.23.”.
(4)
For the entries relating to dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)) PCDD/F which are set out in columns 1 to 3 respectively of Part I (feeding stuffs) of Schedule 7 (prescribed limits for undesirable substances) there are substituted the entries set out in columns 1 to 3 respectively of Schedule 1 to these Regulations.
(5)
For the entries relating to analogues of methionine which are set out in columns 1 to 7 respectively of Schedule 8 (control of certain protein sources) there are substituted the entries set out in columns 1 to 7 respectively of Schedule 2 to these Regulations.
Consequential amendments to the Feeding Stuffs (Wales) Regulations 2001
3.
(1)
The Feeding Stuffs (Wales) Regulations 2001 are amended in accordance with paragraphs (2) and (3).
(2)
“(1)
Section 74(2) has 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 Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004.”.
(3)
“(1)
For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) has 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 24(2) of the Feeding Stuffs (Wales) Regulations 2001 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004.”.
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
4.
5.
In paragraph 3(e)(ii) of Part I of Schedule 2 (methods of analysis) after the words “Feeding Stuffs (Wales) Regulations 2001” for the remainder of the paragraph there are substituted the words “as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004”.
6.
“(a)
whether or not the material was named in accordance with the requirements of the Feeding Stuffs (Wales) Regulations 2001 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004 and, if it was not named in accordance with those requirements, in what respect it was not;”.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
7.
8.
In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —
(a)
“(2)
The purpose referred to in paragraph (1) is the enforcement and administration of —
(a)
the Feeding Stuffs (Wales) Regulations 2001 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004 as read with Part IV of the Act; and
(b)
sections 73 and 73A of the Act.”; and
(b)
“(4)
The purpose referred to in paragraph (3) is the enforcement and administration of —
(a)
the Feeding Stuffs (Wales) Regulations 2001 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004, 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 “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” there is substituted the expression “, Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004”.
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 “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” there is substituted the expression “, Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004”.
11.
“(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 Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004;
“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 Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004, 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 Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004;
“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.”.
SCHEDULE 1ENTRIES TO BE SUBSTITUTED IN PART I OF SCHEDULE 7 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001
“Column 1
Column 2
Column 3
Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997))
All feed materials of plant origin including vegetable oils and by-products
0.75 ng WHO-PCDD/F-TEQ/kg
Minerals as listed in Section 11 of Part II of Schedule 2
1.0 ng WHO-PCDD/F-TEQ/kg
Kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite, synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the group “binders, anti-caking agents and coagulants” authorised under Council Directive 70/524/EEC concerning additives in feedingstuffs (OJNo. L270, 14.12.70, p.1)
0.75 ng WHO-PCDD/F-TEQ/kg
Animal fat, including milk fat and egg fat
2.0 ng WHO-PCDD/F-TEQ/kg
Other land animal products including milk and milk products and eggs and egg products
0.75 ng WHO-PCDD/F-TEQ/kg
Fish oil
6 ng WHO-PCDD/F-TEQ/kg
Fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fat
1.25 ng WHO-PCDD/F-TEQ/kg
Compound feedingstuffs, with the exception of feedingstuffs for fur animals, pet foods and feedingstuffs for fish
0.75 ng WHO-PCDD/F-TEQ/kg
Feedingstuffs for fish Pet foods
2.25 ng WHO-PCDD/F-TEQ/kg
Fish protein hydrolysates containing more than 20% fat
2.25 ng WHO-PCDD/F-TEQ/kg
Note in respect of the entry in Column 2 relating to fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fat
Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted from the maximum limit and a maximum level of 4.0 ng WHO-PCDD/F-TEQ/kg product is applicable to fresh fish used for the direct feeding of pet animals, zoo and circus animals. The products, processed animal proteins produced from these animals (fur animals, pet animals, zoo and circus animals) cannot enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food
Note in respect of all the entries in Column 3
Upper-bound concentrations; upper-bound concentrations are calculated assuming that all values of the different congeners less than the limit of quantification are equal to the limit of quantification..”.
SCHEDULE 2ENTRIES TO BE SUBSTITUTED IN SCHEDULE 8
“Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Column 7
4.1.
Analogues of methionine
4.1.1.
Hydroxy analogue of methionine
4.1.2.
Calcium salt of hydroxy analogue of methionine
CH3S(CH2)2-CH(OH)-COOH
[CH3-S-(CH2)-CH(OH)-COO]2Ca
—
—
Total of acids: minimum 85%
Monomer acid: minimum 65%
Monomer acid: minimum 83%
Calcium: minimum 12%
}
} All animal species
}
Declarations to be made on the label or packaging of the product:
if appropriate, the name (column 2);
monomer acid and total acids contents in the case of product 4.1.1. and monomer acid content in the case of product 4.1.2.
moisture content;
animal species;
approval number;
Declarations to be made on the label or packaging of compound feeding stuffs:
if appropriate, the name (column2);
monomer acid and total acids contents in the case of of product 4.1.1. and monomer acid content in the case of product 4.1.2.
amount of the product contained in the feeding stuff.
4.1.3.
Isopropyl ester of the hydroxylated analogue of methionine
CH3-S-(CH2)2-CH-(OH)-COO-CH-(CH3)2
—
Monomer esters: 90% minimum
Humidity: maximum 1%
Dairy cows
Declarations to be made on the label or packaging of the product:
Isopropyl ester of 2
hydroxy-4-methylthiobutanoic acid
Declarations to be made on the label or packaging of compound feeding stuffs:
analogue of methionine: Isopropyl ester of 2-hydroxy-4-methylthiobutanoic aci
percentage of incorporation of analogue of methionine in the feed.”.
These Regulations, which apply in relation to Wales only, further amend the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343 (W. 15), as already amended). The Feeding Stuffs (Wales) Regulations 2001 apply in relation to Wales only.
These Regulations provide for the enforcement of Commission Regulation (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (OJ No. L187, 26.7.2003, p.11), Commission Regulation (EC) No. 1801/2003 provisionally authorising the new use of a certain micro-organism in feedingstuffs (OJ No. L264, 15.10.2003, p.16), Commission Regulation (EC) No. 1847/2003 concerning the provisional authorisation of a new use of an additive and the permanent authorisation of an additive already authorised in feedingstuffs (OJ No. L269, 21.10.2003, p.3) and Commission Regulation (EC) No. 2112/2003 correcting Regulations (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group trace elements (OJ No. L417, 2.12.2003, p.22) (regulation 2(2) and (3)).
These Regulations also implement Commission Directive 2003/57/EC amending Directive 2002/32 of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L151, 19.6.2003, p.38) by amending Schedule 7 to the Feeding Stuffs (Wales) Regulations 2001 so as to specify new maximum levels for dioxin in feedingstuffs (regulation 2(4) and Schedule 1).
These Regulations also implement Commission Directive 2003/104/EC authorising isopropyl ester of the hydroxylated analogue of methionine (OJ No. L295, 13.11.2003, p.83) by amending Schedule 8 to the Feeding Stuffs (Wales) Regulations 2001 so as to revise the conditions for the sale or possession for sale of analogues of methionine for use as a feeding stuff or as a protein source in a feeding stuff (regulation 2(5) and Schedule 2).
These Regulations also make consequential amendments to regulations 7(1) and 24(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).
A Regulatory Appraisal of the effect these Regulations have on business costs has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of National Assembly for Wales together with a Transposition Note setting out how the main elements of Commission Directive 2003/57/EC and Commission Directive 2003/104/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.