LegalizeThe Feed (Specified Undesirable Substances) (England) Regulations 2006
Made: 22nd November 2006
Laid before Parliament: 28th November 2006
Coming into force: 26th December 2006
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Title and Commencement
1
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Amendments to the Feeding Stuffs (England) Regulations 2005
2
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Amendments to the Feed (Hygiene and Enforcement) (England) Regulations 2005
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SCHEDULE 1
| Analytical constituents | Limits of variation (absolute value in percentage by weight, except where otherwise specified) |
|---|---|
| Moisture | If present in excess— |
| 3 for declarations of 40% or more | |
| 7.5% of the amount stated for declarations of 20% or more but less than 40% | |
| 1.5 for declarations less than 20% |
SCHEDULE 2
PART 1 — Entries to be substituted or added in Chapter A of Schedule 5 to the Feeding Stuffs (England) Regulations 2005
| ¹Maximum levels refer to an analytical determination of this substance, whereby extraction is performed in nitric acid (5% w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency. | ¹Maximum levels refer to an analytical determination of this substance, whereby extraction is performed in nitric acid (5% w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency. | ¹Maximum levels refer to an analytical determination of this substance, whereby extraction is performed in nitric acid (5% w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency. |
|---|---|---|
| ²WHO-TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15-18 June 1997 (Van den Berg et al., (1998), Toxic Equivalency Factors (TEFs) for PCBs, PCDDs and PCDFs for Humans and for Wildlife, Environmental Health Perspectives, 106(12), 775). | ²WHO-TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15-18 June 1997 (Van den Berg et al., (1998), Toxic Equivalency Factors (TEFs) for PCBs, PCDDs and PCDFs for Humans and for Wildlife, Environmental Health Perspectives, 106(12), 775). | ²WHO-TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15-18 June 1997 (Van den Berg et al., (1998), Toxic Equivalency Factors (TEFs) for PCBs, PCDDs and PCDFs for Humans and for Wildlife, Environmental Health Perspectives, 106(12), 775). |
| ³The separate maximum level for dioxins (PCDD/F) remains applicable for a temporary period. The products intended for animal feed mentioned in column 2 have to comply both with the maximum levels for dioxins and with the maximum levels for the sum of dioxins and dioxin-like PCBs during that temporary period. | ³The separate maximum level for dioxins (PCDD/F) remains applicable for a temporary period. The products intended for animal feed mentioned in column 2 have to comply both with the maximum levels for dioxins and with the maximum levels for the sum of dioxins and dioxin-like PCBs during that temporary period. | ³The separate maximum level for dioxins (PCDD/F) remains applicable for a temporary period. The products intended for animal feed mentioned in column 2 have to comply both with the maximum levels for dioxins and with the maximum levels for the sum of dioxins and dioxin-like PCBs during that temporary period. |
| ⁴Fresh fish directly delivered and used without intermediate processing for the production of feed for fur-producing animals is not subject to the maximum levels, while maximum levels of 4.0 ng WHO-PCDD/F-TEQ/kg product and 8.0 ng WHO-PCDD/F-PCB-TEQ/kg product are 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-producing animals, pet animals and zoo and circus animals) cannot enter the food chain and cannot be fed to farmed animals which are kept, fattened or bred for the production of food. | ⁴Fresh fish directly delivered and used without intermediate processing for the production of feed for fur-producing animals is not subject to the maximum levels, while maximum levels of 4.0 ng WHO-PCDD/F-TEQ/kg product and 8.0 ng WHO-PCDD/F-PCB-TEQ/kg product are 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-producing animals, pet animals and zoo and circus animals) cannot enter the food chain and cannot be fed to farmed animals which are kept, fattened or bred for the production of food. | ⁴Fresh fish directly delivered and used without intermediate processing for the production of feed for fur-producing animals is not subject to the maximum levels, while maximum levels of 4.0 ng WHO-PCDD/F-TEQ/kg product and 8.0 ng WHO-PCDD/F-PCB-TEQ/kg product are 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-producing animals, pet animals and zoo and circus animals) cannot enter the food chain and cannot be fed to farmed animals which are kept, fattened or bred for the production of food. |
| ⁵Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency. | ⁵Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency. | ⁵Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency. |
| Column 1: Undesirable substances | Column 2: Products intended for animal feed | Column 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12% |
| Cadmium¹ | Feed materials of vegetable origin | 1 |
| Feed materials of animal origin | 2 | |
| Feed materials of mineral origin | 2 | |
| except: | ||
| – phosphates | 10 | |
| Additives belonging to the functional group of compounds of trace elements | 10 | |
| except: | ||
| – copper oxide, manganous oxide, zinc oxide and manganous sulphate monohydrate | 30 | |
| Additives belonging to the functional groups of binders and anti-caking agents | 2 | |
| Premixtures | 15 | |
| Mineral feeding stuffs: | ||
| – containing less than 7% phosphorus | 5 | |
| – containing 7% or more phosphorus | 0.75 per 1% phosphorus, subject to a maximum of 7.5 | |
| Complementary feeding stuffs for pet animals | 2 | |
| Other complementary feeding stuffs | 0.5 | |
| Complete feeding stuffs for cattle, sheep and goats and feeding stuffs for fish | 1 | |
| except: | ||
| – complete feeding stuffs for pet animals | 2 | |
| – complete feeding stuffs for calves, lambs and kids, and other complete feeding stuffs | 0.5 | |
| Dioxins (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) 1997²³ | Feed materials of plant origin with the exception of vegetable oils and their by-products | 0.75 ng WHO-PCDD/F-TEQ/kg |
| Vegetable oils and their by-products | 0.75 ng WHO-PCDD/F-TEQ/kg | |
| Feed materials of mineral origin | 1.0 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 | 6.0 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% fat⁴ | 1.25 ng WHO-PCDD/F-TEQ/kg | |
| Fish protein hydrolysates containing more than 20% fat | 2.25 ng WHO-PCDD/F-TEQ/kg | |
| The additives kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the functional groups of binders and anti-caking agents | 0.75 ng WHO-PCDD/F-TEQ/kg | |
| Additives belonging to the functional group of compounds of trace elements | 1.0 ng WHO-PCDD/F-TEQ/kg | |
| Premixtures | 1.0 ng WHO-PCDD/F-TEQ/kg | |
| Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish | 0.75 ng WHO-PCDD/F-TEQ/kg | |
| Feed for fish and pet foods | 2.25 ng WHO-PCDD/F-TEQ/kg | |
| Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification | ||
| Sum of dioxins and dioxin-like PCBs (sum of polychlorinated dibenzo-para-dioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and polychlorinated biphenyls (PCBs)) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 1997² | Feed materials of plant origin with the exception of vegetable oils and their by-products | 1.25 ng WHO-PCDD/F-PCB-TEQ/kg |
| Vegetable oils and their by-products | 1.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Feed materials of mineral origin | 1.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Animal fat, including milk fat and egg fat | 3.0 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Other land animal products, including milk and milk products and eggs and egg products | 1.25 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Fish oil | 24.0 ng WHO-PCDD/F-PCB-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% fat⁴ | 4.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Fish protein hydrolysates containing more than 20% fat | 11.0 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Additives belonging to the functional groups of binders and anti-caking agents | 1.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Additives belonging to the functional group of compounds of trace elements | 1.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Premixtures | 1.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish | 1.5 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Feed for fish and pet foods | 7.0 ng WHO-PCDD/F-PCB-TEQ/kg | |
| Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification | ||
| Fluorine⁵ | Feed materials | 150 |
| except: | ||
| – feeding stuffs of animal origin other than marine crustaceans such as marine krill | 500 | |
| – marine crustaceans such as marine krill | 3,000 | |
| – phosphates | 2,000 | |
| – calcium carbonate | 350 | |
| – magnesium oxide | 600 | |
| – calcareous marine algae | 1,000 | |
| Vermiculite (E 561) | 3,000 | |
| Complementary feeding stuffs | ||
| – containing 4% phosphorus or less | 500 | |
| – containing more than 4% phosphorus | 125 per 1% phosphorus | |
| Complete feeding stuffs | 150 | |
| except: | ||
| – complete feeding stuffs for cattle, sheep and goats | ||
| – – in lactation | 30 | |
| – – other | 50 | |
| – complete feeding stuffs for pigs | 100 | |
| – complete feeding stuffs for poultry | 350 | |
| – complete feeding stuffs for chicks | 250 | |
| Lead¹ | Feed materials | 10 |
| except: | ||
| – green fodder (including products such as hay, silage, fresh grass, etc) | 30 | |
| – phosphates and calcareous marine algae | 15 | |
| – calcium carbonate | 20 | |
| – yeasts | 5 | |
| Additives belonging to the functional group of compounds of trace elements | 100 | |
| except: | ||
| – zinc oxide | 400 | |
| – manganous oxide, iron carbonate, copper carbonate | 200 | |
| Additives belonging to the functional groups of binders and anti-caking agents | 30 | |
| except: | ||
| –clinoptilolite of volcanic origin | 60 | |
| Premixtures | 200 | |
| Complementary feeding stuffs | 10 | |
| except: | ||
| – mineral feeding stuffs | 15 | |
| Complete feeding stuffs | 5 |
PART 2 — Entries to be substituted in Chapter D of Schedule 5 to the Feeding Stuffs (England) Regulations 2005
| ¹Numbering system according to Parlar, prefixed by either “CHB” or “Parlar #”: | ¹Numbering system according to Parlar, prefixed by either “CHB” or “Parlar #”: | ¹Numbering system according to Parlar, prefixed by either “CHB” or “Parlar #”: |
|---|---|---|
| — CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane, | — CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane, | — CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane, |
| — CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane, | — CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane, | — CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane, |
| — CHB 62: 2,2,5,5,8,9,9,10,10- nonachlorobornane. | — CHB 62: 2,2,5,5,8,9,9,10,10- nonachlorobornane. | — CHB 62: 2,2,5,5,8,9,9,10,10- nonachlorobornane. |
| Column 1: Undesirable substances | Column 2: Products intended for animal feed | Column 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12% |
| Camphechlor (toxaphene) — sum of indicator congeners CHB 26, 50 and 62¹ | Fish, other aquatic animals, their products and by-products with the exception of fish oil | 0.02 |
| Fish oil | 0.2 | |
| Feeding stuffs for fish | 0.05 |
Signed
Signed by authority of the Secretary of State for Health
Caroline Flint — Minister of State — 2006-11-22
Explanatory note
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Footnotes
[^f00001]: 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.
[^f00002]: S.I. 2000/656.
[^f00003]: S.I. 2002/794.
[^f00004]: 1972 c.68.
[^f00005]: S.I. 1999/2027.
[^f00006]: OJ No.L31, 1.2.2002, p.1, as last amended by Regulation (EC) No.575/2006 (OJ No.L100, 8.4.2006, p.3).
[^f00007]: S.I. 2005/3281, as amended by S.I. 2006/113 and S.I. 2006/2808.
[^f00008]: S.I. 2005/3280
[^f00009]: OJ No. L140, 30.5.2002, p.10.
[^f00010]: OJ No. L151, 19.6.2003, p.38.
[^f00011]: OJ No. L285, 1.11.2003, p.33.
[^f00012]: OJ No. L27, 29.1.2005, p.44.
[^f00013]: OJ No. L318, 6.12.2005, p.16.
[^f00014]: OJ No. L318, 6.12.2005, p.19.
[^f00015]: OJ No. L32, 4.2.2006, p44. This amending Directive introduced action thresholds and the requirement to investigate.
Editorial notes
[^key-a97173400c57bd83fa383552285b235e]: Regulations revoked (6.4.2015) by The Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015 (S.I. 2015/454), reg. 1, Sch. 5
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