PART 1 E+WIntroductory and general

Title, commencement and applicationE+W

1.—(1) The title of these Regulations is the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016.

(2) These Regulations come into force on 12 May 2016 and apply in relation to Wales.

Interpretation and scopeE+W

2.—(1) In these Regulations—

  • “the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

  • F1...

  • F1...

  • F2...

  • “feed authority” (“awdurdod bwyd anifeiliaid”) means an authority identified in section [F367(1A)] of the Agriculture Act 1970 as having the duty to enforce Part IV of that Act within its area;

  • “Regulation 178/2002” (“Rheoliad 178/2002”) means 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 M1;

  • “Regulation 1829/2003” (“Rheoliad 1829/2003”) means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed M2;

  • “Regulation 1831/2003” (“Rheoliad 1831/2003”) means Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition M3;

  • “Regulation 767/2009” (“Rheoliad 767/2009”) means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC M4;

  • [F4“Regulation 2020/354” (“Rheoliad 2020/354”) means Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC;]

(2) Any expression used in these Regulations and in Regulation 178/2002, Regulation 1831/2003 or Regulation 767/2009 has the meaning in these Regulations that it bears in the [F5retained] EU Regulation concerned.

[F6(3) Any reference in these Regulations to an F7... instrument defined in paragraph (1) is a reference to that F7... instrument as it may be amended from time to time.]

(4) These Regulations do not apply to any feed additive in category (d) or (e) of Article 6(1) of Regulation 1831/2003, with the exception of those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation M5.

Textual Amendments

Marginal Citations

M1OJ No L 31, 1.2.2002, p 1. This Regulation was last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 27.6.2014, p 1).

M2OJ No L 268, 18.10.2003, p 1. This Regulation was last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council (OJ No L 97, 9.4.2008, p 64).

M3OJ No L 268, 18.10.2003, p 29. This Regulation was last amended by Commission Regulation (EU) No 2015/2294 (OJ No L 324, 10.12.2015, p 3).

M4OJ No L 229, 1.9.2009, p 1. This Regulation was last amended by Commission Regulation (EC) No 939/2010 (OJ No L 277, 21.10.2010, p 4).

M5Categories (d) and (e) of Article 6(1) comprise, respectively, zootechnical additives, and coccidiostats and histomonostats. Functional groups listed in paragraphs 4(a), (b) and (c) of Annex I comprise digestibility enhancers, gut flora stabilisers and substances which favourably affect the environment.

PART 2 E+WEnforcement of Regulation 178/2002

Interpretation of this PartE+W

3.  In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 178/2002.

Offence of failing to comply with a specified provision of Regulation 178/2002E+W

4.—(1) A person who contravenes or fails to comply with a provision specified in paragraph (2) commits an offence.

(2) The specified provisions are—

(a)Article 12, in so far as it relates to feed (conditions on export or re-export to third countries);

(b)Article 15(1) (prohibition on the placing on the market or feeding to any animal of unsafe feed);

(c)Article 16, in so far as it relates to feed (prohibition on misleading labelling, advertising or presentation);

(d)Article 18(2) and (3) (requirements that operators must have traceability information and make such information available to competent authorities) in so far as it relates to feed business operators; and

(e)Article 20 (responsibilities of feed business operators regarding feed that does not satisfy feed safety requirements).

Competent authorities for the purposes of Regulation 178/2002E+W

5.  The competent authority—

(a)for the purposes of Articles 15 and 18 is the feed authority in its area; and

(b)for the purposes of Article 20 is the feed authority in its area or the Agency.

PART 3 E+WEnforcement of Regulation 1829/2003

Interpretation of this PartE+W

6.  In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1829/2003.

Offence of failing to comply with a specified provision of Regulation 1829/2003E+W

7.—(1) A person who contravenes or fails to comply with a provision specified in paragraph (2) commits an offence.

(2) The specified provisions are—

(a)Article 16(2) (prohibition on placing on the market, using or processing a product referred to in Article 15(1) M6 unless it is covered by an authorisation and satisfies relevant conditions) F8...;

(b)Article 21(1) (requirement that the authorisation holder and the parties concerned must comply with conditions imposed on an authorisation for that product, and that the authorisation holder must comply with post-market monitoring requirements);

(c)Article 21(3) (requirement that an authorisation holder inform the [F9Food Safety Authority] of any new scientific or technical information about a product which might affect the evaluation of the safety of its use in feed, or of any prohibition or restriction on the feed in a third country); and

(d)Article 25 (requirement for certain labelling indications).

Textual Amendments

Marginal Citations

M6The products referred to in Article 15(1) are genetically modified organisms (“GMOs”) for feed use, feed containing or consisting of GMOs and feed produced from GMOs.

Competent authority for the purposes of Regulation 1829/2003E+W

8.  The national competent authority for the purposes of Chapter III of Regulation 1829/2003 is the Agency.

PART 4E+WEnforcement of Regulation 1831/2003

Interpretation of this PartE+W

9.  In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 1831/2003.

Offence of failing to comply with a specified provision of Regulation 1831/2003E+W

10.—(1) A person commits an offence if that person contravenes or fails to comply with a provision specified in paragraph (2) as read, in the case of sub-paragraph (a) or (e) with Article 2 (transitional provision) of Commission Regulation (EU) No 2015/327 amending Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards requirements for the placing on the market and conditions of use of additives consisting of preparations M7.

(2) The specified provisions are—

(a)Article 3(1) (prohibition on placing on the market, processing or using a feed additive unless it is covered by an authorisation and satisfies relevant conditions), as read with paragraph (2) (national authorisation for scientific experimental purposes), paragraph (4) (conditions on mixing of additives) and Article 10 (status of existing products);

(b)Article 3(3) (restriction on the persons who may first place on the market certain additives);

(c)Article 12(1) (requirement that any person using or placing on the market an additive, or a feed into which it has been incorporated, or any other interested party, must ensure that any conditions which have been imposed are respected);

(d)Article 12(2) (requirement on the holder of an authorisation to observe monitoring obligations where they have been imposed, to inform the [F10Food Safety Authority] of any new information about a product which might affect the evaluation of the safety of its use in feed, or of any prohibition or restriction on the feed imposed by the competent authority in a third country);

(e)Article 16(1), (3) and (4) (prohibition on the placing on the market of feed additives or premixtures unless labelled in the specified manner and with prescribed information), as read with paragraph (2) (derogation for certain flavouring compounds); and

(f)Article 16(5) (requirement that additives and premixtures must be marketed only in closed packages or containers which must be closed in such a way that the fastener is damaged on opening and cannot be re-used).

Textual Amendments

Marginal Citations

M7OJ No L 58, 3.3.2015, p 46.

[F11Transitional provision: withdrawal from the EUE+W

10A.  For the purpose of regulation 10(1), as read with regulation 10(2)(e), a person is not considered to have contravened or failed to comply with Article 16(1)(b) of Regulation 1831/2003 if—

(a)the alleged contravention would relate to a product that was placed on the market on or after the day on which the Food, Animal Feed and Seeds (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2021 came into force and before the end of 30 September 2022; and

(b)the matter constituting the alleged contravention or failure to comply would not have constituted a contravention of, or failure to comply with, that Article as it had effect immediately before IP completion day.]

Textual Amendments

PART 5 E+WEnforcement of Regulation 767/2009

Interpretation of this Part and Schedule 1E+W

11.  In this Part and in Schedule 1 any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in Regulation 767/2009.

Offence of failing to comply with a specified provision of Regulation 767/2009E+W

12.—(1) [F12A] person who—

(a)contravenes or fails to comply with a provision of Regulation 767/2009 specified in Schedule 1; or

(b)places on the market or uses a feed that fails to comply with Article 6(1) or 8,

commits an offence.

(2) Where, pursuant to Article 17(2)(c), the name of a specific feed material may be replaced by the name of the category to which the feed material belongs, only the categories listed in [F13Schedule 1A] may be indicated.

Textual Amendments

Competent authorities for the purposes of Regulation 767/2009E+W

13.—(1) Each feed authority in its area is the competent authority for the purposes of—

(a)Article 5(3), 13(1)(a) and 17(3) and Annex VII, Chapter 1, paragraph 8; and

(b)Article 13(1)(b) as the competent authority that may request scientific substantiation of a claim and to whose attention purchasers have the right to bring doubts regarding the truthfulness of a claim.

(2) The Agency is the competent authority for the purposes of—

F14(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Article 13(1)(b) as the competent authority that may submit to the [F15Welsh Ministers] doubts concerning the scientific substantiation of a claim.

(3) The Agency and each feed authority in its area is a competent authority for the purposes of Article 5(2).

Textual Amendments

PART 6E+W[F16Undesirable substances in products intended for animal feed]

Textual Amendments

Interpretation of this PartE+W

14.  In this Part—

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)“undesirable substance” (“sylwedd annymunol”) means any substance or product, not being a pathogenic agent, which is present in or on a feed and—

(i)constitutes a potential danger to human or animal health or to the environment, or

(ii)could adversely affect livestock production.

Textual Amendments

Control of animal feeds containing undesirable substancesE+W

15.—(1) A person who—

(a)places on the market any feed that is specified in column 2 of [F18a table in Schedule 1B]; or

(b)uses any such feed,

commits an offence if it contains any undesirable substance listed in column 1 of that [F19table] in excess of the relevant maximum content specified in column 3.

(2) A person who places on the market or uses any complementary feed commits an offence if—

(a)having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance listed in column 1 of [F20a table in Schedule 1B] in excess of the maximum content specified for it in column 3 in relation to complete feeds; and

(b)there is no provision relating to any complementary feed in the corresponding entry in column 2 of that [F21table].

(3) A person who for the purpose of dilution mixes any feed with a feed that is specified in column 2 of [F22a table in Schedule 1B] and which contains any undesirable substance listed in column 1 of that [F23table] in excess of the maximum content specified for it in column 3 commits an offence.

(4) A person who places on the market or uses any feed which is not sound and genuine and of merchantable quality commits an offence.

(5) For the purposes of paragraph (4) a feed listed in column 2 of [F24a table in Schedule 1B] shall be deemed not to be sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that [F25table] in excess of the maximum content specified in relation to it in column 3.

(6) A person who has, for the purpose of a trade or business, possession or control of any of the feeds specified in paragraph (7) must, if required by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in the feed specified in that paragraph is less than 2 parts per million.

(7) The feeds are—

(a)palm kernel expeller;

(b)feeds obtained from the processing of fish and other marine animals;

(c)seaweed meal and feed materials derived from seaweed; F26...

(d)complete feeds for fish or for fur-producing animals.

[F27(e)peat;

(f)leonardite.]

(8) A person who, without reasonable excuse, fails to comply with a requirement made under paragraph (6) commits an offence.

[F28(9) In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, feed authorities must carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels.

(10) In cases of increased levels of undesirable substances listed in Schedule 1C, action thresholds to trigger investigations are set out in that Schedule.

(11) Feed authorities must send to the Agency all relevant information and findings of the source and the measures taken to reduce the level of, or eliminate, undesirable substances.]

Textual Amendments

[F29Regulations amending Schedules 1B and 1CE+W

15A.—(1) Where paragraph (2) applies, the Welsh Ministers may, by regulations, make provision to amend, add, or remove an entry in Schedule 1B or 1C.

(2) This paragraph applies where—

(a)the Welsh Ministers consider that the presence in feed of an undesirable substance not listed in Schedule 1B, or at a level permitted in accordance with Schedule 1B, presents, or would present, a danger to animal or human health or to the environment, or

(b)the Welsh Ministers consider it necessary in order to adapt to scientific and technical developments.

(3) The Welsh Ministers may, by regulations, define acceptability criteria for detoxification processes through which an undesirable substance listed in Schedule 1B is on purpose removed from feed.

(4) A power to make regulations under this regulation—

(a)is exercisable by statutory instrument;

(b)includes the power to make different provision for different purposes;

(c)includes the power to make incidental, supplementary, consequential, transitional, transitory or saving provision (including provision amending, repealing or revoking enactments or retained direct EU legislation).

(5) A statutory instrument that contains regulations under this regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.]

Textual Amendments

[F30Part 7E+WEnforcement of Regulation 2020/354

Textual Amendments

Interpretation of this PartE+W

16.  In this Part any reference to a numbered Article is a reference to the Article so numbered in Regulation 2020/354.

Offence of failing to comply with Article 1 of Regulation 2020/354E+W

17.  A person who contravenes or fails to comply with Article 1 (conditions on marketing), as read with Article 2 (derogation for feed which complies with the provisions of Directive 2008/38/EC) and Article 3 (transitional provision for feed labelled before 25 March 2022 in accordance with the rules applicable before 25 March 2020) commits an offence.]

PART 8 E+WAdministration and enforcement

Penalties for offences under these RegulationsE+W

18.—(1) A person found guilty of an offence under regulation 4(1), 7(1), 10(1), 12(1), 15(1), (2), (3) or (4) or [F3117] is liable on summary conviction to a term of imprisonment not exceeding six months or to a fine, or both.

(2) A person found guilty of an offence under regulation 15(8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

Duties to enforceE+W

19.  It is the duty of each feed authority within its area to execute and enforce Regulation 178/2002, Regulation 1829/2003, Regulation 1831/2003, Regulation 767/2009 [F32, Regulation 2020/354] and these Regulations.

Textual Amendments

PART 9 E+WAmendment and revocation

Amendment of the Official Feed and Food Controls (Wales) Regulations 2009E+W

20.—(1) The Official Feed and Food Controls (Wales) Regulations 2009 M8 are amended in accordance with paragraph (2).

(2) In Schedule 2 (definition of relevant feed law)—

(a)omit paragraph (c); and

(b)in paragraph (f), for “the Animal Feed (Wales) Regulations 2010” substitute “ the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016 ”.

Marginal Citations

RevocationsE+W

21.  The Regulations listed in the first column of Schedule 2 are revoked to the extent specified in the second column.

Vaughan Gething

Deputy Minister for Health, one of the Welsh Ministers