Statutory Instruments
2004 No. 2688
AGRICULTURE, ENGLAND
The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2004
Made
13th October 2004
Laid before Parliament
28th October 2004
Coming into force
19th November 2004
The Secretary of State for Health, in exercise of the powers conferred on him 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 article 2 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002( 3 )), and being a Minister designated( 4 ) for the purposes of section 2(2) of the European Communities Act 1972( 5 ) in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on him by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), after consultation as required by section 84(1) of the Agriculture Act 1970 and by Article 9 of Regulation 6 ), makes the following Regulations:
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) (England) (No. 2) Regulations 2004, shall apply in relation to England only and shall come into force on 19th November 2004.
Amendments to the Feeding Stuffs Regulations 2000
2. —(1)The Feeding Stuffs Regulations 2000( 7 ) are amended, in so far as they apply in relation to England, in accordance with paragraphs (2) to (5).
(2) In regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) after paragraph (6) add the following —
“ (7) Paragraphs (8) and (9) shall apply to any person who has in his possession or control for the purposes of a trade or business any of the following products intended for animal feed —
(a) palm kernel expeller;
(b) feeding stuffs obtained from the processing of fish or other marine animals;
(c) seaweed meal and feed materials derived from seaweed; or
(d) complete feeding stuffs for fish or for fur producing animals.
(8) Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in a product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Part I of Schedule 7.
(9) Any person who without reasonable excuse fails to comply with a request made under paragraph (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. ” .
(3) For regulation 15 (control of compound feeding stuffs containing prohibited materials) substitute the following —
“ Control of feeding stuffs containing prohibited materials
15. —(1) No person shall put into circulation for use as a feeding stuff, or use as a feeding stuff, any material which contains —
(a) faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;
(b) hide treated with tanning substances, including its waste;
(c) seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended use in propagation, or derived by–products;
(d) wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market ( 8 ) ;
(e) subject to paragraph (3), waste (whether or not subjected or to be subjected to further processing) obtained from the treatment of “urban waste water”, “domestic waste water”, or “industrial waste water” (as those terms are defined in Article 2 of Council Directive 91/271/ EEC concerning waste water treatment), whatever the origin of the waste water concerned ( 9 ) ;
(f) solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 laying down health rules concerning animal by–products not intended for human consumption ( 10 ) ;
(g) packaging and parts of packaging from products used in agriculture or the food industry.
(2) For the purposes of paragraph (1) “waste” shall have the meaning given in Article 1 of Council Directive 74/442/EEC 11 ) .
(3) For the purposes of paragraph (1)(e), the term “waste water” shall be construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited ( 12 ) . ” .
(4) In Part IX (European Community Regulations by which additives are controlled) of Schedule 3 —
(a) after the reference to Commission Regulation
| “ Commission Regulation (EC) No. 879/2004 concerning the provisional authorisation of a new use of an additive already authorised in feeding stuffs (Saccharomyces cerevisiae) (27). |
| Commission Regulation (EC) No. 880/2004 authorising without time limit the use of beta–carotene and canthaxanthin as additives in feeding stuffs belonging to the group of colouring matters including pigments (28). |
| Commission Regulation (EC) No. 1259/2004 concerning the permanent authorisation of certain additives already authorised in feeding stuffs (29). |
| Commission Regulation (EC) No. 1288/2004 concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feeding stuffs (30). |
| Commission Regulation (EC) No. 1332/2004 concerning the permanent authorisation of certain additives in feeding stuffs (31). |
| Commission Regulation 1333/2004 concerning the permanent authorisation of a certain additive in feeding stuffs (32). |
| Commission Regulation (EC) No. 1453/2004 concerning the permanent authorisation of certain additives in feeding stuffs (33). |
| Commission Regulation (EC) No. 1465/2004 concerning the permanent authorisation of an additive in feeding stuffs (34). ” . |
(b) at the end add the following —
“ (27) OJ No. L162, 30.4.2004, p.65. |
(28) OJ No. L162, 30.4.2004, p.68. |
(29) OJ No. L239, 9.7.2004, p.8. |
(30) OJ No. L243, 15.7.2004, p.10. |
(31) OJ No. L247, 21.7.2004, p.8. |
(32) OJ No. L247, 21.7.2004, p.11. |
(33) OJ No. L269, 17.8.2004, p.3. |
(34) OJ No. L270, 18.8.2004, p.11. ” . |
(5) For the entries relating to arsenic, fluorine, lead, aflatoxin B 1 , free gossypol and endosulphan which are set out in columns 1 to 3 of Part I (feeding stuffs) of Schedule 7 (prescribed limits for undesirable substances) substitute the entries set out in columns 1 to 3 respectively of the Schedule to these Regulations.
Consequential amendments to the Feeding Stuffs Regulations 2000
3. —(1)The Feeding Stuffs Regulations 2000 are further amended, in so far as they apply in relation to England, in accordance with paragraphs (2) and (3).
(2) In paragraph (1) of regulation 7 (limits of variation) after “(England)” insert “(No. 2)”.
(3) In paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) after “(England)” insert “(No. 2)”.
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
4. —(1)The Feeding Stuffs (Sampling and Analysis) Regulations 1999( 13 ) are amended in so far as they apply in relation to England in accordance with paragraphs (2) and (3).
(2) In paragraph 3(e)(ii) of Part I of Schedule 2 (methods of analysis) after “(England)” insert “(No. 2)”.
(3) In paragraph (11)(a) of Part II (notes for completion of certificate) of Schedule 3 (form of certificate of analysis) after “(England)” insert “(No. 2)”.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
5. —(1)The Feeding Stuffs (Enforcement) Regulations 1999( 14 ) are amended in so far as they apply in relation to England in accordance with paragraphs (2) to (5).
(2) In paragraph (2)(a) and in paragraph (4) of regulation 7 (modification of the Agriculture Act 1970 for certain purposes) after “(England)” insert “(No. 2)”.
(3) In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9, after “(England)” insert “(No. 2)”.
(4) In the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in regulation 10, after “(England)” wherever it appears insert “(No. 2)”.
(5) In each of regulations 11, 11A and 11B, after “(England)” insert “(No. 2)”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
13th October 2004
Regulation 2(5)
SCHEDULE ENTRIES TO BE SUBSTITUTED IN PART I OF SCHEDULE 7 TO THE FEEDING STUFFS REGULATIONS 2000
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Arsenic | Feed materials except: | 2 |
| —meal made from grass, from dried lucerne and from dried clover and dried sugar beet pulp and dried molasses sugar beet pulp | 4 | |
| —palm kernel expeller | 4 (of which the content of inorganic arsenic must be less than 2) | |
| —phosphates and calcareous marine algae | 10 | |
| —calcium carbonate | 15 | |
| —magnesium oxide | 20 | |
| —feedingstuffs obtained from the processing of fish or other marine animals | 15 (of which the content of inorganic arsenic must be less than 2) | |
| —seaweed meal and feed materials derived from seaweed | 40 (of which the content of inorganic arsenic must be less than 2) | |
Complete feeding stuffs except: | 2 | |
| —complete feeding stuffs for fish and fur–producing animals | 6 (of which the content of inorganic arsenic must be less than 2) | |
Complementary feeding stuffs except: | 4 | |
| —mineral feeding stuffs | 12 Note in respect of all entries in column 3 The maximum levels refer to total arsenic | |
| Fluorine | Feed materials except: | 150 |
| —feedingstuffs of animal origin with the exception of marine crustaceans such as marine krill | 500 | |
| —phosphates and marine crustaceans such as marine krill | 2000 | |
| —calcium carbonate | 350 | |
| —magnesium oxide | 600 | |
| —calcareous marine algae | 1000 | |
Complete feeding stuffs except: | 150 | |
—complete feeding stuffs for cattle, sheep and goats —in milk | 30 | |
| —other | 50 | |
| —complete feeding stuffs for pigs | 100 | |
| —complete feeding stuffs for poultry | 350 | |
| —complete feeding stuffs for chicks | 250 | |
| Mineral mixtures for cattle, sheep and goats | 2000 | |
| Other complementary feeding stuffs | 125 (fluorine content per percentage point in the feeding stuff) | |
| Lead | Feed materials except: | 10 |
| —grass meal, lucerne meal or clover meal | 40 | |
| —calcium carbonate | 20 | |
| —phosphates and calcareous marine algae | 15 | |
| —yeast | 5 | |
| Complete feeding stuffs | 5 | |
Complementary feeding stuffs except: | 10 | |
| —mineral feeding stuffs | 15 | |
| Aflatoxin B 1 | All feed materials | 0.02 |
Complete feeding stuffs for cattle, sheep and goats except: | 0.02 | |
| —dairy animals | 0.005 | |
| —calves and lambs | 0.01 | |
| Complete feeding stuffs for pigs and poultry (except piglets and chicks) | 0.02 | |
| Other complete feeding stuffs | 0.01 | |
| Complementary feeding stuffs for cattle, sheep and goats (except complementary feeding stuffs for dairy animals, calves and lambs) | 0.02 | |
| Complementary feeding stuffs for pigs and poultry (except piglets and chicks) | 0.02 | |
| Other complementary feeding stuffs | 0.005 | |
| Free Gossypol | Feed materials except: | 20 |
| —cotton–seed | 5000 | |
| —cotton–seed cakes and cotton–seed meal | 1200 | |
Complete feeding stuffs except: | 20 | |
| —complete feeding stuffs for cattle, sheep and goats | 500 | |
| —complete feeding stuffs for poultry (except laying hens) and calves | 100 | |
| —complete feeding stuffs for rabbits and pigs (except piglets) | 60 | |
| Endosulphan (sum of alpha– and beta–isomers and of endosulphan sulphate, expressed as endosulphan) | All feeding stuffs except: | 0.1 |
| —maize and products derived from the processing thereof | 0.2 | |
| —oilseeds and products derived from the processing thereof | 0.5 | |
| —complete feeding stuffs for fish | 0.005 |
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. Functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 . Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 ( 1998 c. 46) . By virtue of S.I. 1999/3141 , functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 ( 1972 c. 68) , Schedule 4, paragraph 6.
S.I. 2000/656 .
S.I. 2002/794 .
OJ No. L31, 1.2.2002, p.1, as amended by Regulation (EC) No. 1642./2003 (OJ No. L245, 29.9.2003, p.4). Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.
S.I. 2000/2481 , amended by S.I. 2001/541 , S.I. 2001/3389 , S.I. 2002/892 , S.I. 2003/1026 , S.I. 2003/1503 , S.I. 2003/2912 and S.I. 2004/1301 .
OJ No. L123, 24.4.98, p.1.
OJ No. L135, 30.5.91, p.40, as amended by Commission Directive 98/15/EC , OJ No. L67, 7.3.98, p.29.
OJ No. L273, 10.10.2002, p.1.
OJ No. L194, 25.7.75, p.39, as last amended by Regulation (EC) 1882/2003 , OJ No. L284, 31.10.2003, p.1.
OJ No. L67, 5.3.2004, p.31.