The Feeding Stuffs (Amendment) Regulations 1993

Made: 9th June 1993

Laid before Parliament: 10th June 1993

Coming into force

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 74A and 84 of the Agriculture Act 1970[^f00001] and of all other powers enabling them in that behalf, after consultation in accordance with section 84(1) of the said Act with such persons or organisations as appear to them to represent the interests concerned, and the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[^f00002] for the purposes of section 2(2) of the European Communities Act 1972[^f00003] in relation to the common agricultural policy of the European Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title and commencement

1

These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1993 and shall come into force on the following dates:

• (a) regulations 1—3 and Schedules 1 and 2 on 30th June 1993;

• (b) regulation 4 on 1st October 1993;

• (c) regulation 5 on 31st December 1993.

Amendment of the Feeding Stuffs Regulations 1991

2

The Feeding Stuffs Regulations 1991[^f00004] shall be amended in accordance with regulations 3—5 below.

3

• (1) In regulation 1, for paragraphs (2) and (3) there shall be substituted the following paragraph:

(2) The provisions of— (a) paragraph 12(3)—(4) of Schedule 1; and (b) Parts III and IV of Schedule 6, manufactured before 1st March 1993 and sold before 31st December 1993.

• (2) In regulation 13, the words “or import into Great Britain for such use” shall be omitted from each of paragraphs (1), (3) and (4).

• (3) In Part I of Schedule 1 (“CONTENTS OF THE STATUTORY STATE-MENT”)—

• (a) in paragraphs 11(3) and 12(2), for the words “one of the ingredients” there shall be substituted the words “an ingredient”;

• (b) after paragraph 12(2), there shall be inserted the following provisions:

(3) Where the declaration is by specific names, an ingredient described in the third column of Part III of Schedule 6 and complying with any compositional requirements specified in that column in relation to that ingredient shall be declared by the corresponding name specified in the second column of that Part, (the inclusion in the declaration of any word appearing in brackets in the second column being optional) if— (a) the botanical purity of the ingredient by weight is not less than the percentage specified in the third column of Part III of Schedule 6 in relation to that ingredient or, if none is specified, is not less than 95% by weight; and (b) (in cases where the name specified in the second column of Part III of Schedule 6 includes a common name or term specified in the third column of Part IV of that Schedule), the ingredient was prepared by the process specified in the first column and described in the second column of Part IV of Schedule 6 in relation to that ingredient. (4) Where the declaration is by specific names, if any requirement of sub-paragraph (3) above is not complied with in relation to an ingredient, the declaration in the statutory statement of that ingredient shall not be by a name specified in the second column of Part III of Schedule 6.

• (4) In Part II of Schedule 1 (“DECLARATION OF ANALYTICAL CON-STITUENTS”), the word “crude”, wherever it appears in column 2, shall be deleted.

• (5) In Schedule 2, in the provisions relating to the material “2.2.6 Flaked potatoes”, for the expression “Solanum tuborosum L” in column 3 there shall be substituted the expression “Solanum tuberosum L”.

• (6) In Schedule 4—

• (a) in paragraph 4, after sub-paragraph (2)(b) there shall be inserted the following provisions:

and (c) the material complies with the conditions specified in relation thereto in column 5 of that Chapter.

• (b) in paragraph 5, after sub-paragraph (b) there shall be inserted the following provisions:

and (c) the material is intended for animals listed opposite the binder, anti-caking agent or coagulant concerned, in column 3 of that Chapter.

• (c) for paragraph 6(i) there shall be substituted the following sub-paragraph:

(i) any material for any animal of a kind specified in column 3 of Chapter A of Part V may contain added vitamin A, D2 or D3, in proportions which, taking account of any such vitamin which is naturally present, do not exceed the maximum content specified in column 4 of that Chapter in relation to the kinds of animal specified in column 3 thereof, and provided that the conditions (if any) specified in column 5 of that Chapter are complied with.

• (d) in paragraph 8(c), there shall be inserted at the end of the sub-paragraph the words “and the animal concerned is of an age no greater than that (if any) specified in column 5 of that Part”;

• (e) in Part IV (“PERMITTED BINDERS, ANTI-CAKING AGENTS AND COAGULANTS”), in Chapter B—

• (i) in the provisions relating to the name or description “Bentonite and montmorillonite”, for the words “and robenidine” in column 5 there shall be substituted the words “robenidine and maduramicin ammonium”;

• (ii) in the provisions relating to the name or description “Synthetic calcium aluminates”—

• (A) in column 1 there shall be inserted the number “E598” opposite the words “Synthetic calcium” in column 2;

• (B) for the formula “A1203” in column 2, there shall be substituted the formula “Al2O3”;

• (C) after the provisions relating to Poultry, rabbits and pigs in column 3—5 there shall be inserted the following provisions:

• (f) in Part V (“VITAMINS, PRO-VITAMINS AND SUBSTANCES HAVING A SIMILAR EFFECT”), in Chapter A, in the provisions relating to vitamin A, in column 3, after the words “Calves” there shall be inserted the words “for fattening”;

• (g) in Part VI (“TRACE ELEMENTS”)—

• (i) for the provisions relating to the element Iodine-I in columns 5 and 6 there shall be substituted the following provisions:

• (ii) in the provisions relating to the element Cobalt-Co, for the formula in column 4 opposite the reference in column 3 to Cobaltous sulphate, monohydrate, there shall be substituted the formula “CoSO₄.H₂O”;

• (iii) in the provisions relating to the element Copper-Cu, for the formula in column 4 opposite the reference in column 3 to Cupric chloride, dihydrate, there shall be substituted the formula “CuCl₂.2H₂O”;

• (iv) in the provisions relating to the element Zinc-Zn, in column 7 opposite the reference in column 3 to Zinc oxide, there shall be inserted the expression “Maximum content of lead 600 mg/kg”;

• (h) for Chapter B of Part VIII (“PERMITTED PRESERVATIVES”), there shall be substituted the contents of Schedule 1 to these Regulations.

• (7) In Part I of Schedule 5 (“FEEDING STUFFS”)—

• (a) in Chapter B, for the provisions relating to the substance Hydrocyanic acid in columns 2 and 3 there shall be substituted the following provisions:

• (b) in Chapter D, for the expression “delta, keto-endrin” in column 1 there shall be substituted the expression “delta-keto-endrin”.

• (8) In Part II of Schedule 5 (“INGREDIENTS”)—

• (a) for the italicised words in the heading of column 3 there shall be substituted the words “Maximum content in mg/kg of ingredients referred to a moisture content of 12”;

• (b) for the figure relating to the substance Cadmium in column 3 there shall be substituted the figure “10”;

• (c) after the provisions relating to the substance Cadmium there shall be inserted the following provisions:

• (9) In Schedule 6 Parts I and II (“CATEGORIES OF INGREDIENTS FOR USE IN RELATION TO COMPOUND FEEDING STUFFS FOR PET ANIMALS” and “CATEGORIES OF INGREDIENTS FOR USE IN RELATION TO COMPOUND FEEDING STUFFS FOR ANIMALS OTHER THAN PETS”), the word “crude”, wherever it appears in the second column in each Part, shall be deleted.

• (10) In Schedule 6, after Part II there shall be inserted the contents of Schedule 2 to these Regulations.

• (11) In Schedule 7, the word “crude”, wherever it appears in columns 5 and 7, shall be deleted.

4

In regulation 14—

• (a) for sub-paragraph 6(b) there shall be substituted the following sub-paragraph:

(b) treated hide, including leather and its waste;

• (b) after sub-paragraph (6)(e) there shall be added the following sub-paragraphs:

(f) solid urban waste, such as household waste; (g) untreated waste from eating places, except food stuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness; (h) packaging and parts of packaging from products used in agriculture or the food industry.

• (c) after paragraph (6) there shall be added the following paragraph:

(7) For the purposes of paragraph (6) above, except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC[^f00005], which is discarded or intended or required to be discarded.

5

• (1) In regulation 2(1), for the definition of “feeding stuff” there shall be substituted the following definition:

• “feeding stuff”, subject to regulation 14(5B), has the meaning attributed to it by section 66(1) as modified by regulation 19(1).

• (2) In regulation 14—

• (a) in paragraphs (3) and (4), for the words “No person shall sell, or have in possession with a view to sale, for use as an ingredient”, there shall be substituted the words “No person shall, for use as an ingredient, import into Great Britain from a country other than a Member State of the European Economic Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying,”;

• (b) after paragraph (4), there shall be inserted the following paragraphs—

(4A) No person shall mix, with any feeding stuff or ingredient, any ingredient specified in column 2 of Part II of Schedule 5, if the ingredient so specified contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof. (4B) No person shall import into Great Britain from a country other than a Member State of the European Economic Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any ingredient, unless that ingredient is sound, genuine and of merchantable quality. (4C) For the purposes of paragraph (4B) above, and without prejudice to the provisions of paragraph (3) above, an ingredient is not sound, genuine and of merchantable quality if, where the ingredient is incorporated into any compound feeding stuff specified in column 2 of Part I of Schedule 5, the level of any substance specified in column 1 of that Part and contained in the ingredient exceeds the level specified for that substance in column 3 of that Part in relation to the compound feeding stuff in question.

• (c) in paragraph (5), for the expression “paragraphs (1) to (4)” there shall be substituted the expression “paragraphs 1 to (4A)”;

• (d) after paragraph (5) there shall be inserted the following paragraphs:

(5A) Where a person has or has had in his possession or control any feeding stuff or ingredient, for the purposes of a trade or business, and becomes aware— (a) in the case of a feeding stuff, that the feeding stuff does not comply with any requirement of paragraph (1) or (2) above, or (b) in the case of an ingredient, that the ingredient does not comply with any requirement of paragraph (3), (4), (4B) or (4C) above, he shall immediately notify the Minister of Agriculture, Fisheries and Food, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1), has the duty to enforce Part IV of the Act. (5B) For the purposes of the foregoing provisions of this regulation “feeding stuff” means— (a) a product of vegetable or animal origin in its natural state (whether fresh or preserved); (b) a product derived from the industrial processing of such a product; or (c) an organic or inorganic substance, used singly or in a mixture, whether or not containing additives; for oral feeding to pet animals, to the descriptions of animals specified in regulation 3 above (being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land) or to animals living freely in the wild, and “daily ration” and “ingredient” shall be construed accordingly.

SCHEDULE 1

SCHEDULE 2

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd June 1993.

Gillian Shephard — Minister of Agriculture, Fisheries and Food

Hector Monro — Parliamentary Under Secretary of State, Scottish Office — 8th June 1993

John Redwood — Secretary of State for Wales — 9th June 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Feeding Stuffs Regulations 1991 (“the principal Regulations”) and implement the following Community legislation:

1 Commission Directive 92/63/EEC (OJ No. L221, 6.8.92, p.49) amending the Annexes to Council Directive 74/63/EEC concerning undesirable substances and products in animal nutrition, (regulation 3(8)(b) and (c));

2 Commission Directive 92/64/EEC (OJ No. L221, 6.8.92, p.51) amending the Annexes to Council Directive 70/524/EEC concerning additives in feeding stuffs, (regulation 3(b), (e) and (g)(iv));

3 Commission Directive 92/87/EEC (OJ No. L319, 4.11.92, p.19) establishing a non-exclusive list of the main ingredients normally used and marketed for the preparation of compound feeding stuffs intended for animals other than pets, (regulation 3(3)(b) and (10) and Schedule 2);

4 Council Directive 92/88/EEC (OJ No. L321, 6.11.92, p.24) amending Directive74/63/EEC on undesirable substances and products in animal nutrition, (regulation 5);

5 Commission Directive 92/113/EEC (OJ No. L16, 25.1.93, p.2) amending the Annexes to Council Directive 70/524/EEC concerning additives in feeding stuffs, (regulation 3(6)(g) and (h) and Schedule 1);

6 Commission Decision 92/508/EEC (OJ No. L312, 29.10.92, p.36) amending the Annex to Commission Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feeding stuffs (regulation 4). Regulation 3(3)(a) and (4)—(11) make minor drafting amendments to the principal Regulations and amend Schedules 4 and 5 to those Regulations, which relate respectively to permitted additives in feeding stuffs and to prescribed limits for undesirable substances in feeding stuffs. The principal changes are contained in— regulation 3(2), which removes from regulation 13 of the principal Regulations (controlling the use of additives in feeding stuffs) certain provisions concerning importation into Great Britain of material containing additives; regulation 3(3)(b), which extends the provisions contained in paragraph 12 of Schedule 1 to the principal Regulations (which are concerned with declaration of the ingredients of compound feeding stuffs for animals other than pet animals in the statutory statements required by law to be provided when such feeding stuffs are sold) by prescribing names for the designation of such ingredients in statutory statements where certain specified requirements are met; regulation 4, which extends the provisions of regulation 14(6) of the principal Regulations (which prohibit the use and sale for use as a compound feeding stuff of material containing certain specified substances) by adding certain substances to the list of those prohibited; regulation 5, which modifies and extends the provisions of regulation 14 of the principal Regulations (which control the use in feeding stuffs and ingredients of undesirable substances) by extending the range of transactions to which the controls apply; by prohibiting the mixing of ingredients with other ingredients or feeding stuffs in certain circumstances; by requiring ingredients the subject of specified transactions to be sound, genuine and of merchantable quality; by requiring individuals who become aware in specified circumstances that ingredients or feeding stuffs do not comply with the controls to report the matter to the authorities and by further extending the controls by applying them where feeding stuffs or ingredients are to be consumed by wild animals.

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.

[^f00004]: S.I. 1991/2840.

[^f00005]: OJ No. L194, 25.7.75, p.39.