The Feeding Stuffs Regulations 1991

PART VII — Aromatic and Appetising Substances

PART VIII — Permitted Preservatives

Chapter A

Chapter B

PART IX — Permitted Acidity Regulators for Pet Foods for Dogs and Cats

SCHEDULE 5 — PRESCRIBED LIMITS FOR UNDESIRABLE SUBSTANCES

PART I — Feeding Stuffs

PART II — Ingredients

SCHEDULE 6

PART I — CATEGORIES OF INGREDIENTS FOR USE IN RELATION TO COMPOUNDFEEDING STUFFS FOR PET ANIMALS

PART II — CATEGORIES OF INGREDIENTS FOR USE IN RELATION TO COMPOUNDFEEDING STUFFS FOR ANIMALS OTHER THAN PETS

SCHEDULE 7 — CONTROL OF CERTAIN PROTEIN SOURCES

SCHEDULE 8 — LABELLING AND MARKING OF ADDITIVES AND PREMIXTURES

PART I — Additives

1

The label or mark shall give—

• (a) in the case of any additive,

• (i) the name of the additive;

• (ii) the name or business name and the address or registered business address of the person responsible within the European Economic Community for the particulars referred to in this Part of this Schedule;

• (b) in the case of vitamin E,

• (i) the alpha-tocopherol level as acetate;

• (ii) an indication of the period during which that level will remain present;

• (c) in the case of any vitamin other than vitamin E, or any added provitamin or substance having a similar effect,

• (i) the active substance level;

• (ii) an indication of the period during which that level will remain present;

• (d) in the case of any trace element, colourant (including pigment), preservative or other additive not specified above, the active substance level.

2

The label or mark may give, in addition to the name used in relation to any additive in the Table to Schedule 4—

• (a) the trade name of the additive and its EEC number;

• (b) the name or business name and the address or registered business address of the manufacturer;

• (c) directions for use, including any appropriate safety recommendation.

PART II — Premixtures

1

The label or mark shall give—

• (a) in the case of any premixture,

• (i) the description “premixture”;

• (ii) directions for use, including any appropriate safety recommendation;

• (iii) the species or category of animal for which the premixture is intended;

• (iv) the name or business name and the address or registered business address of the person responsible within the European Economic Community for the particulars referred to in this Part of this Schedule;

• (b) in the case of any antioxidant, colourant (including pigment), trace element or preservative in a premixture for which a maximum content in a complete feeding stuff is provided for by the appropriate Part of the Table to Schedule 4,

• (i) the name of the additive;

• (ii) the active substance level;

• (c) in the case of vitamin E in a premixture,

• (i) the name of the additive;

• (ii) the alpha-tocopherol level as acetate;

• (iii) an indication of the period during which that level will remain present;

• (d) in the case of any vitamin other than vitamin E, or any provitamin or substance having a similar effect in a premixture,

• (i) the name of the additive;

• (ii) the active substance level;

• (iii) an indication of the period during which that level will remain present;

• (e) in the case of any additive in a premixture other than any of those referred to in subparagraphs (b) to (d) above, which fulfils a function in the feeding stuff as such, andin respect of which the amount thereof which is present in the premixture can be determinedby using one of the methods of analysis specified in Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982, or by some other valid scientific method,

• (i) the name of the additive;

• (ii) the active substance level.

2

The label or mark may give, in addition to the name used in relation to any additive in the Table to Schedule 4,

• (a) the trade name of the additive; or

• (b) its EEC number; or

• (c) both such trade name and EEC number.

3

In the case of a premixture containing more than one vitamin (other than vitamin E), provitamin or substance having a similar effect, the requirement for the indication of the periodfor which the active substance level will remain present shall apply only to that one of those additives which has the shortest such period.

SCHEDULE 9 — METHOD OF CALCULATING THE ENERGY VALUE OFCOMPOUND FEEDS

The energy value of compound poultry, ruminant and pig feeds shall be calculated in accordance with the formulae set out below on the basis of the percentages of certain analytical components of the feed. After application of these formulae, the results shall be given to one decimal place.

Poultry Feeds: megajoules (MJ) of metabolisable energy (ME), nitrogen corrected per kilogram of compound feed.

MJ of ME/kg of feed = 0.1551 × % Crude Protein[^f00017] + 0.3431 × % oil[^f00018] + 0.1669 × % Starch[^f00019] + 0.1301 × % total Sugar (expressed as sucrose)[^f00020].

Ruminant Feeds: megajoules (MJ) of metabolisable energy (ME) per kilogram of dry matter in the compound feed.

MJ of ME/kg of dry matter = 0.14 × % Neutral detergent Cellulase plus Gamanase Digestibility[^f00021] + 0.25 × % Oil[^f00018].

Pig Feeds: megajoules (MJ) of digestible energy (DE) per kilogram of dry matter in the compound feed.

MJ of DE/kg of dry matter = 17.47 + 0.079 × % Crude Protein[^f00017] + 0.158 × % Oil[^f00018] − 0.331 × % Ash[^f00022] − 0.140 Neutral Detergent plus Amylase Fibre[^f00021].

N.B. Where the results of analysis are to be expressed on a dry matter basis, this may be achieved by analysing either the dried material, or fresh material and correcting for the moisture content.

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1991.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Strathclyde — Parliamentary Under Secretary of State, Scottish Office — 5th December 1991

David Hunt — Secretary of State for Wales — 13th December 1991

Explanatory note

(This note is not part of the Regulations)

1 These Regulations, which apply to Great Britain, consolidate with amendments the Feeding Stuffs Regulations 1988 as amended, and implement the European Community directives listed at the end of this note.

2 These Regulations apply to feeding stuffs for animals of the kinds specified in regulation 3 amd for pet animals. Those feeding stuffs are prescribed for the purposes in particular of sections 68(1) and 69(1) of the Agriculture Act 1970 (“the Act”), which require the sellers of prescribed materials to give “statutory statements” as to the composition of those materials and information or instructions as to their storage, handling and use, and to mark them with that information (regulation 4). The contents of statutory statements and other declarations are prescribed by regulation 5 and Schedules 1, 6 and 9, and their form by regulation 6. Further provisions relating to statutory statements are contained in regulations 7, 8 and 9. Permitted limits of variation in mis-statements in statutory statements are prescribed (regulation 10 and Schedule 3).

3 The Regulations— a provide for the manner of packaging and sealing compound feeding stuffs, additives and pre-mixtures (regulation 11); b provide for the meaning of names for the purposes of Section 70 of the Act (which creates an implied warranty that material described by a name to which a meaning has been assigned pursuant to that section accords with that meaning), (regulation 12(1) and Schedule 2); c regulate the marketing of feeding stuffs containing additives (regulation 13 and Schedule 4); d restrict or prohibit the selling and use in feeding stuffs of certain undesirable substances (regulation 14 and Schedule 5); e restrict the sale, or use of certain protein sources and non-protein nitrogenous compounds in feeding stuffs (regulation 15 and Schedule 7); f control the labelling or marketing of additives and pre-mixtures of additives (regulation 16 and Schedule 8).

4 The Regulations modify section 66(1) of the Act so as to provide a new definition of “feeding stuff”; and modify section 66(2) so as to make it apply to the importation and use as well as the sale of feeding stuffs. They modify section 69 of the Act in its application to imported feeding stuffs. They also modify section 82 (which provides for defences to prosecutions brought under the Act) by applying it to additional sections of Part IV of the Act (regulations 19 and 20).

5 In addition to minor and drafting amendments, the Regulations make changes in the previous law to give effect to the following European Community Directives: Council Directive 90/44/EEC Commission Directive 91/126/EEC Commission Directive 91/249/EEC Commission Directive 91/336/EEC Commission Directive 91/357/EEC Commission Directive 91/508/EEC Commission Directive 91/516/EEC. The principal changes are contained in— a Schedule 1—its provisions now apply to declarations and information not contained in the statutory statement, as well as to the statutory statement itself. All the ingredients in compound feeding stuffs for agricultural animals and for most pet animals must be declared. New labelling rules require the declaration of the maximum storage life, the batch number or date of manufacture; and the moisture content of animal feeds; b regulation 21—which provides inspectors appointed under section 67 of the Act with a power to inspect manufacturers' records relating to compound feeding stuffs.

LIST OF DIRECTIVES 1 Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p.11 (OJ/SE Vol. 18, p.4)) concerning additives in feeding stuffs, as amended by:— Commission Directive 91/248/EEC (OJ No. L124, 18.5.91, p.1) Commission Directive 91/249/EEC (OJ No. L124, 18.5.91, p.43) Commission Directive 91/336/EEC (OJ No. L185, 11.7.91, p.31) Commission Directive 91/508/EEC (OJ No. L271, 27.9.91, p.67) 2 Council Directive 74/63/EEC (OJ No. L38, 11.2.74, p.31) on undesirable substances and products in animal nutrition, as amended by:— Commission Directive 76/934/EEC (OJ No. L364, 31.12.76, p.20) Council Directive 80/502/EEC (OJ No. L124, 20.5.80, p.17) Commission Directive 83/381/EEC (OJ No. L222, 13.8.83, p.31) Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p.8) Commission Directive 86/299/EEC (OJ No. L189, 11.7.86, p.40) Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p.27) Commission Directive 87/238/EEC (OJ No. L110, 25.4.87, p.25) Commission Directive 91/126/EEC (OJ No. L60, 7.3.91, p.16) Council Directive 91/132/EEC (OJ No. L66, 13.3.91, p.16). 3 Council Directive 77/101/EEC (OJ No. L32, 3.2.77, p.1) on the marketing of straight feeding stuffs, as amended by:— Council Directive 79/372/EEC (OJ No. L86, 6.4.79, p.29) Commission Directive 79/797/EEC (OJ No. L239, 22.9.79, p.53) Commission Directive 80/510/EEC (OJ No. L126, 21.5.80, p.12) Commission Directive 82/937/EEC (OJ No. L383, 31.12.82, p.11) Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p.8) Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p.27) Commission Directive 87/234/EEC (OJ No. L102, 14.4.87, p.31). 4 Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p.30) on the marketing of compound feeding stuffs, as amended or supplemented by:— Commission Directive 80/509/EEC (OJ No. L126, 21.5.80, p.9) Commission Directive 80/695/EEC (OJ No. L188, 22.7.80, p.23) Commission Directive 82/475/EEC (OJ No. L213, 21.7.82, p.27) Commission Directive 82/957/EEC (OJ No. L386, 31.12.82, p.42) Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p.8) Commission Directive 86/174/EEC (OJ No. L130, 16.5.86, p.53) Council Directive 86/354/EEC (OJ No. L212, 2.3.86, p.27) Commission Directive 87/235/EEC (OJ No. L102, 14.4.87, p.34) Council Directive 90/44/EEC (OJ No. L27, 31.1.90, p.35) Commission Directive 91/334/EEC (OJ No. L134, 6.6.91, p.27) Commission Directive 91/357/EEC (OJ No. L93, 17.7.91, p.34) Commission Directive 91/516/EEC (OJ No. L281, 9.10.91, p.23). 5 Commission Directive 80/511/EEC (OJ No. L125, 21.5.80, p.14) authorising, in certain cases, the marketing of compound feeding stuffs in unsealed packages or containers. 6 Council Directive 82/471/EEC (OJ No. L213, 21.7.81, p.8) concerning certain products used in animal nutrition, as amended by:— Commission Directive 85/509/EEC (OJ No. L314, 23.11.85, p.25) Council Regulation 85/3768/EEC (OJ No. L362, 31.12.85, p.8) Commission Directive 86/530/EEC (OJ No. L312, 7.11.86, p.39) Commission Directive 88/485/EEC (OJ No. L239, 30.8.88, p.36) Commission Directive 89/520/EEC (OJ No. L270, 19.9.89, p.13) Commission Directive 90/439/EEC (OJ No. L227, 21.8.90, p.33).

Footnotes

[^f00001]: 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.

[^f00002]: S.I. 1972/1811.

[^f00003]: 1972 c. 68; section 2 is subject to Schedule 2 to the Act and is to be read, as regards England and Wales, with section 40 of the Criminal Justice Act 1982 (c. 48), and as regards Scotland, with sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21), which were inserted by section 54 of the said Act of 1982.

[^f00004]: S.I. 1988/396, amended by S.I. 1989/2014 and 1991/1475.

[^f00005]: S.I. 1982/1144, amended by S.I. 1984/52 and 1985/1119.

[^f00006]: S.I. 1982/1144; method 3 was amended by S.I. 1985/1119.

[^f00007]: 1968 c. 67.

[^f00008]: OJ No. L38, 11.2.1974, p31, amended by Council Directive 86/354/EEC (OJ No. L212, 2.8.1986, p27).

[^f00009]: Section 68(1A) was inserted by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980),regulation 5.

[^f00010]: Section 73A was inserted by the Agriculture Act 1970 Amendment Regulations 1982 (S.I. 1982/980) regulation 7. Section 74A was inserted by the European Communities Act 1972, c. 68, Schedule 4, paragraph 6.

[^f00011]: S.I. 1988/396.

[^f00012]: S.I. 1989/2014.

[^f00013]: S.I. 1991/1475.

[^f00014]: S.I. 1982/1144, amended by S.I. 1984/52 and 1985/1119.

[^f00015]: 1984 c. 30.

[^f00016]: 1956 c. 30 (4 & 5 Eliz 2).

[^f00017]: Determined by method 4 of the methods of analysis specified in Schedule 2 of the Feeding Stuffs (Sampling and Analysis) Regulations 1982 (S.I. 1982/1144, amended by S.I. 1984/52 and 1985/1119). N.B. For pig feed the results must be corrected to 100% dry matter.

[^f00018]: Determined by procedure B of method 3 of the methods of analysis specified in Schedule 2 of the Feeding Stuffs (Sampling and Analysis) Regulations 1982. (The relevant amending statutory instrument is S.I. 1985/1119.) N.B. It is recommended that the pre-extraction of oil prior to acid hydrolysis is always carried out on compound feed. In ruminant and pig feeds the result must be corrected to 100% dry matter.

[^f00019]: Determined by method 30a (Polarimetric Method) of the methods of analysis specified in Schedule 2 of the Feeding Stuffs (Sampling and Analysis) Regulations 1982.

[^f00020]: Determined by method 10a of the methods of analysis specified in Schedule 2 of the Feeding Stuffs (Sampling and Analysis) Regulations 1982.

[^f00021]: Determined by the method detailed in ‘The Prediction of the Energy Values of Compound Feeding Stuffs for Farm Animals’ (to be published by the Ministry of Agriculture, Fisheries and Food).

[^f00022]: Determined by method 12 of the methods of analysis specified in Schedule 2 of the Feeding Stuffs (Sampling and Analysis) Regulations 1982. N.B. The result must be corrected to 100% dry matter.