The Animal Feed (Composition, Marketing and Use) (England) Regulations 2015

Made: 25th February 2015

Laid before Parliament: 5th March 2015

Coming into force: 6th April 2015

There has been open and transparent public consultation during the preparation of these Regulations in accordance with the requirements of Article 9 of 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[^f00008] or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.

PART 1 — Introductory and general

Title, application and commencement

1

These Regulations may be cited as the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015, apply in relation to England only and come into force on 6th April 2015.

Interpretation and scope

2

• (1) In these Regulations —

• ...

• ...

• “Regulation 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;

• “Regulation 1829/2003” means Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed[^f00011];

• “Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition as last amended by Commission Regulation (EU) 2015/2294 amending Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the establishment of a new functional group of feed additives;

• ...

• “Regulation 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[^f00014];

• “Regulation 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;

• “the Agency” means the Food Standards Agency;

• “feed authority” means an authority identified in section 67(1) of the Agriculture Act 1970 as having the duty to enforce Part IV of that Act within its area or district as the case may be.

• (2) Any expression used in these Regulations and in Regulation 178/2002, Regulation 1831/2003 Regulation 767/2009 or Regulation 2020/354 has the meaning in these Regulations that it bears in the assimilated Regulation concerned.

• (3) Any reference to an ... instrument defined in paragraph (1) is a reference to that ... 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[^f00015].

PART 2 — Enforcement of Regulation 178/2002

Interpretation of this Part

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 178/2002

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 they relate 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 178/2002

5

The competent authority —

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

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

PART 3 — Enforcement of Regulation 1829/2003

Interpretation of this Part

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 1829/2003

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)[^f00016] unless it is covered by an authorisation and satisfies relevant conditions), as read with Article 20(6) ...;

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

• (c) Article 21(3) ...; and

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

Competent authority for the purposes of Regulation 1829/2003

8

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

PART 4 — Enforcement of Regulation 1831/2003

Interpretation of this Part

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 1831/2003

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 subparagraph (a) or (e) with Article 2 (transitional provision) of Commission Regulation (EU) 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.

• (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 Food 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).

PART 5 — Enforcement of Regulation 767/2009

Interpretation of this Part and Schedule 1

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 767/2009

12

• (1) ) Subject to the transitional provisions contained in Article 32, a 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 Schedule 3 may be indicated.

Competent authorities for the purposes of Regulation 767/2009

13

• (1) Each feed authority in its area or district 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 —

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Article 13(1)(b) as the competent authority that may submit to the appropriate authority doubts concerning the scientific substantiation of a claim.

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

PART 6 — Undesirable substances in products intended for animal feed

Interpretation of this Part

14

In this Part —

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) “undesirable substance” 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.

Control of animal feeds containing undesirable substances

15

• (1) A person who —

• (a) places on the market any feed that is specified in column 2 of a table in Schedule 4; or

• (b) uses any such feed,

PART 7 — Enforcement of Regulation 2020/354

Interpretation of this Part

16

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

Control of feed intended for particular nutritional purposes

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 measures for feed labelled before 25 March 2022 in accordance with the rules applicable before 25 March 2020) commits an offence.

PART 8 — Administration and enforcement

Penalties for offences under these Regulations

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 17 is liable on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale, 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.

Duties to enforce

19

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

PART 9 — Amendment and revocation

Amendment of the Official Feed and Food Controls (England) Regulations 2009

20

• (1) The Official Feed and Food Controls (England) Regulations 2009[^f00017] 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 expression “the Animal Feed (England) Regulations 2010” substitute “the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015”.

Revocations

21

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

Statutory review

22

• (1) The Food Standards Agency must from time to time —

• (a) carry out a review of the operation and effect of regulations 1 to 19;

• (b) set out the conclusions of the review in a report; and

SCHEDULE 1 — Specified Provisions of Regulation 767/2009

Specified provision	Subject matter
Article 4(1) and (2), as read with Article 4(3) and Annex 1	General safety and other requirements to be met when feed is placed on the market or used.
Article 5(1)	Extension of requirements in relation to feed for food-producing animals in other legislation to apply to feed for non food-producing animals.
Article 5(2), as read with Article 12(1), (2) and (3)	Obligation on person responsible for labelling to make information available to competent authority.
Article 6(1), as read with Annex 3	Prohibition or restriction on the marketing or use of certain materials for animal nutritional purposes
Article 8	Controls on the levels of additives in feeds.
Article 9	Controls on the marketing of feeds for particular nutritional purposes.
Article 11, as read with Article 12(1), (2) and (3), Annexes 2 and 4 and the Catalogue of feed materials	Rules and principles governing the labelling and presentation of feed.
Article 12(4) and (5)	Designation of the person responsible for labelling and the obligations and responsibilities of that person.
Article 13(1), as read with Article 12(1), (2) and (3)	General conditions on making a claim about the characteristics or functions of a feed on the labelling or presentation of it.
Article 13(2) and (3), as read with Article 12(1), (2) and (3)	Special conditions applying to claims concerning optimisation of the nutrition and support or protection of the physiological conditions.
Article 14(1) and (2), as read with Article 12(1), (2) and (3)	Requirements for the presentation of the mandatory labelling particulars.
Article 15, as read with Articles 12(1), (2) and (3) and 21 and with Annex 6 and 7	General mandatory labelling requirements for feed materials and compound feeds.
Article 16, as read with Article 12(1), (2) and (3) and 21 and with Annex 2 and 5 and the Catalogue of feed materials	Specific labelling requirements for feed materials
Article 17(1) and (2) as read with Articles 12(1), (2) and (3) and 21 and with Annex 2, 6 & 7	Specific labelling requirements for compound feeds.
Article 18, as read with Article 12(1), (2) and (3)	Additional labelling requirements for feed for particular nutritional purposes (dietetic feeds).
Article 19, as read with Article 12(1), (2) and (3)	Additional labelling requirements for pet food.
Article 20(1) as read with Article 12(1), (2) and (3) and with Annex 8	Additional requirements for labelling of non-compliant feed, such as that containing contaminated materials.
Article 23	Requirements relating to the packaging and sealing of feed materials and compound feeds for placing on the market.
Article 24(2)	Requirement that if the name of a feed material listed in the Catalogue of feed materials is used, all relevant provisions of the Catalogue must be complied with.
Article 24(3)	Obligation on a person who first places on the market a feed material not listed in the Catalogue of feed materials to notify its use.

SCHEDULE 2 — Revocations

Regulations	Extent
The Genetically Modified Animal Feed (England) Regulations 2004 (S.I. 2004/2334)	The whole Regulations
The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (England) (Revocation) Regulations 2007 (S.I. 2007/3007)	The whole Regulations
The Animal Feed (England) Regulations 2010 (S.I. 2010/2503)	The whole Regulations other than regulations 1, 2 and 14.

Signed

Signed by authority of the Secretary of State for Health.

Jane Ellison — Parliamentary Under-Secretary of State — Department of Health — 25th February 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

1 These Regulations, which apply in relation to England only — a provide for the continuing enforcement or implementation of EU Regulations and Directives on feed safety, genetically modified feed, feed additives, the marketing and use of feed, undesirable substances (contaminants) in feed and feed for particular nutritional purposes; b provide for ambulatory references to the EU instruments specified in regulation 2(3); c prescribe offences and penalties for failure to comply with the Regulations; d revoke or make consequential amendments to certain Regulations; and e provide for periodic review of the operation and effect of these Regulations.

2 In Part 2, these Regulations provide for the enforcement of specified provisions of 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 (OJ No. L131, 1.2.2002, p.1) by making it an offence to contravene those provisions (regulation 4) and by designating the competent authorities for the purposes of that EU instrument (regulation 5).

3 In Part 3 these Regulations provide for the enforcement of specified provisions of Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ No.L268, 18.10.2003, p.1) (regulations 7 and 8).

4 In Part 4 these Regulations provide for the enforcement of specified provisions of Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition (OJ No.L268, 18.10.2003, p.29) (regulation 10).

5 In Part 5 these Regulations provide for the enforcement of 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 (OJ No. L229, 1.9.2009, p.1) (regulations 12 and 13 and Schedule 1).

6 In Part 6 these Regulations implement Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L140, 30.5.2002, p.10) (regulations 14 and 15).

7 In Part 7 these Regulations implement Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes (OJ No. L62, 6.3.2008, p.9), (regulation 16 and 17).

8 In Part 8 these Regulations prescribe the maximum penalties that a court may impose on conviction for an offence under these Regulations (regulation 18) and designate local feed authorities as having the duty to enforce (regulation 19).

9 In Part 9 these Regulations make consequential amendments to the Official Feed and Food controls (England) Regulations 2009 (regulation 20), revoke wholly or partially certain instruments (regulation 21 and Schedule 2), and provide for review within 5 years of the way in which these Regulations enforce or implement the relevant EU legislation (regulation 22).

10 A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Animal Feed, TSEs and Animal By-products Branch of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the National Archives website.

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 and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32). 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. Functions of the Minister of Agriculture were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I .2002/794). Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6. Sections 66(1) and 84 were amended by S.I. 2004/3254. Section 66(1) was also amended by S.I. 2010/2280.

[^f00002]: S.I. 2000/656.

[^f00003]: 1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and amended by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (2008 c.7).

[^f00004]: S.I. 1972/1811, amended by S.I. 2002/794.

[^f00005]: S.I. 1991/755.

[^f00006]: S.I. 1999/2027.

[^f00007]: S.I. 2003/2901.

[^f00008]: OJ No.L31, 1.2.2002, p.1, as last amended by Regulation (EU) No.652/2014 of the European Parliament and of the Council (OJ No. L189, 27.6.2014, p.1).

[^f00011]: OJ No.L268, 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. L97, 9.4.2008, p.64).

[^f00014]: OJ No. L229, 1.9.2009, p.1. This Regulation was last amended by Commission Regulation (EC) No. 939/2010 (OJ No. L277, 21.10.2010, p.4).

[^f00015]: Categories (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.

[^f00016]: The 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.

[^f00017]: S.I. 2009/3255, amended by S.I. 2010/2280, S.I. 2010/2503, S.I. 2011/136, S.I.2013/264 and S.I. 2013/2996.

Editorial notes

[^key-61e1f2fe6b597273a1e7adfbf2c8b113]: Reg. 1 in force at 6.4.2015, see reg. 1

[^key-08c9686bc0e209606f2257f45cc7efa7]: Sch. 2 in force at 6.4.2015, see reg. 1

[^key-99691391b7105c868065e411994b0215]: Reg. 20 in force at 6.4.2015, see reg. 1

[^key-36214945767abd5ef1a7c86d0638f15e]: Reg. 7 in force at 6.4.2015, see reg. 1

[^key-c66c83452f554b49f1bf90627047c3aa]: Reg. 10 in force at 6.4.2015, see reg. 1

[^key-af87d3aafff11876daa6a8ec7d44052e]: Reg. 13 in force at 6.4.2015, see reg. 1

[^key-cc0b3a8a9f9464753da7587a954c41b8]: Reg. 2 in force at 6.4.2015, see reg. 1

[^key-b39f5c67b6fbc9c03ffd168a84bf0e46]: Reg. 19 in force at 6.4.2015, see reg. 1

[^key-9df4c62847521fdeeda256f8b72256a0]: Reg. 18 in force at 6.4.2015, see reg. 1

[^key-43a93f867368773db200c0a07ff7f973]: Reg. 12 in force at 6.4.2015, see reg. 1

[^key-d8b86bd2212c3a2fad09678884aa8443]: Reg. 14 in force at 6.4.2015, see reg. 1

[^key-af682a7b2350175d536db794fd25fcc4]: Reg. 15 in force at 6.4.2015, see reg. 1

[^key-ccf6f102216bbb2b5ec5acc771107cfa]: Reg. 22 in force at 6.4.2015, see reg. 1

[^key-64a8104103f94bd83bca613d7303b121]: Reg. 3 in force at 6.4.2015, see reg. 1

[^key-b0f210427410e373e29a959a3e8ce100]: Reg. 4 in force at 6.4.2015, see reg. 1

[^key-89bf45d8a1e00ac58b117181ea90782c]: Reg. 5 in force at 6.4.2015, see reg. 1

[^key-e6e52bb737a7a43fec85d6bab43a6baf]: Reg. 6 in force at 6.4.2015, see reg. 1

[^key-87041d2e51e7c4c11aca134332050525]: Reg. 8 in force at 6.4.2015, see reg. 1

[^key-21a8acf8c3df99569d1d8ae208d39aff]: Reg. 9 in force at 6.4.2015, see reg. 1

[^key-0399dbb241030d7c04169ed64878f5a2]: Reg. 11 in force at 6.4.2015, see reg. 1

[^key-2df072eb3645a50251e35baed8da71b6]: Reg. 21 in force at 6.4.2015, see reg. 1

[^key-4341abbf105ff46620713fe42600a859]: Words in reg. 2(1) substituted (17.4.2019) by The Animal Feed (Composition, Marketing and Use) (England) (Amendment) Regulations 2019 (S.I. 2019/675), regs. 1, 2(2)(a)

[^key-11adad475b5667197971eddeb5c49ca4]: Reg. 10(1) substituted (17.4.2019) by The Animal Feed (Composition, Marketing and Use) (England) (Amendment) Regulations 2019 (S.I. 2019/675), regs. 1, 2(3)

[^key-f9d82bd49f928dfbf2600e747654b4fa]: Word in reg. 19 substituted (17.4.2019) by The Animal Feed (Composition, Marketing and Use) (England) (Amendment) Regulations 2019 (S.I. 2019/675), regs. 1, 2(4)

[^key-2c543cc70290b7c3968f46e2c81f5c8b]: Pt. 7 substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(3)

[^key-77b038b45b3a17237b7c2646e22c1421]: Words in reg. 2(1) omitted (25.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(2)(a)(i)

[^key-9e70aea0fd481cc271b4dea8aa4552c5]: Words in reg. 2(1) inserted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(2)(a)(ii)

[^key-5c3977e9a95f9fdefc3e36c00514f13c]: Words in reg. 2(2) substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(2)(b)

[^key-03e4127afe3cbd94a6b142d564fbd828]: Reg. 2(3) substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(2)(c)

[^key-9dc15d2e3738ddc30745453ec4050c0f]: Word in reg. 18(1) substituted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(4)

[^key-654f55f16b69868837d12441b1a05a93]: Words in reg. 19 inserted (25.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 6(5)

[^key-71d6cc73bdf4af3656c19fbbdf29e666]: Sch. 1 substituted (31.12.2020) by The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 7, Sch.; 2020 c. 1, Sch. 5 para. 1(1)

[^key-ddad330e51aec31ea6d478733294e494]: Words in reg. 7(2)(a) omitted (31.12.2020) by virtue of The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 4(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a5516a1b9c4b4058c11ea18371f0c98c]: Words in reg. 7(2)(c) omitted (31.12.2020) by virtue of The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 4(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1914262ec270cddf6402be14eb589e5d]: Words in reg. 10(2)(d) substituted (31.12.2020) by The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 5; 2020 c. 1, Sch. 5 para. 1(1)

[^key-68770cecb0b86491c38be19bebc9494f]: Reg. 13(2)(a) omitted (31.12.2020) by virtue of The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 6(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-c8a0831965ef54967f01644d0e9a535f]: Words in reg. 13(2)(b) substituted (31.12.2020) by The Animal Feed (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/654), regs. 1, 6(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-91f26225d46d4c4a5e07c5baf121fcae]: Pt. 6 heading substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(4)

[^key-c14f0327e5b374827089d2aaa46fd08b]: Reg. 15A inserted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(7)

[^key-c945444a91965173612f97d532889cf0]: Schs. 3-5 inserted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), reg. 1(1), Sch. 3

[^key-02fc13c476ea2e6151721ecad45382d8]: Words in reg. 2(1) omitted (31.12.2022) by virtue of The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(2)(a)(i)

[^key-f7d1f7e8fbc59d372c0b5a95125dd87b]: Words in reg. 2(1) omitted (31.12.2022) by virtue of The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(2)(a)(ii)

[^key-1ca04eb84870084d65ac173a056bfe70]: Word in reg. 2(3) omitted (31.12.2022) by virtue of The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(2)(c)

[^key-f0604749390901c41267d9362dc799d6]: Words in reg. 12(2) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(3)

[^key-ec7065a678ce4ff33a8ec323a0a2b7cd]: Reg. 14(a) omitted (31.12.2022) by virtue of The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(5)

[^key-413e64eb0aec41202352a38642227dae]: Words in reg. 15(1)(a) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(a)(i)

[^key-91779ba18e01744fb8f2ebb47bbfb452]: Word in reg. 15(1) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(a)(ii)

[^key-d969d23546d9809cf56c6073457fcccd]: Words in reg. 15(2)(a) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(b)(i)

[^key-45f5d6fcb396b844656a8adec5fc1dcf]: Word in reg. 15(2)(b) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(b)(ii)

[^key-aab42cf4ff5ef79516b12a2a722874b9]: Words in reg. 15(3) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(c)(i)

[^key-8d690d71486d8c05aa48d9b9690e4416]: Word in reg. 15(3) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(c)(ii)

[^key-d6b4b12fe4330bc53b7bc98427026aa4]: Words in reg. 15(5) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(d)(i)

[^key-17665aa79d40d9d2f07344b44a53f606]: Word in reg. 15(5) substituted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(d)(ii)

[^key-71ccccd4e4d9d3872cede48b2101af3d]: Word in reg. 15(7)(c) omitted (31.12.2022) by virtue of The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(e)(i)

[^key-226ce96d61fda486d419d1d9e8d9324f]: Reg. 15(7)(e)(f) inserted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(e)(ii)

[^key-c53799f43a729d3aa161d7c8be2e4ff8]: Reg. 15(9)-(13) inserted (31.12.2022) by The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(6)(f)

[^key-b05e0f462684dfaed2930c789104df66]: Reg. 22(2) omitted (31.12.2022) by virtue of The Food and Feed (Miscellaneous Amendments) Regulations 2022 (S.I. 2022/1351), regs. 1(1), 4(8)

[^key-9ceb114ca0b760d1aa91bda50cdcfba4]: Pt. 6 applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-778908713a7a908416a60b5c15b1d867]: Pt. 1 applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-541bd5dcab6c534f879ce37ecb0592e6]: Sch. 5 applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-fd1a8b5d81966257c17e650007b08825]: Sch. 4 applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)

[^key-5cbfd5e2cf4427c5774b9ce645c149b5]: Word in reg. 2(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 11 para. 4(a)

[^key-20a2141905ce3a669ba67da15d387d79]: Words in reg. 15A(4)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 11 para. 4(b)

Regulations

15A

• (1) The Secretary of State may, by regulations, make provision to—

• (a) add, amend or remove an entry in Schedule 4 or 5;

• (b) amend the acceptability criteria for detoxification processes in Regulation (EU) 2015/786.

• (2) Any power to make regulations under this Part is exercisable by statutory instrument.

• (3) A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations made under this regulation may—

• (a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking assimilated direct legislation);

• (b) make different provision for different purposes.

SCHEDULE 3 — Categories of feed materials which may be indicated in place of individual feed materials

Description of the category	Definition
1.Meat and animal derivatives	All the fleshy parts of slaughtered warm-blooded land animals, fresh or preserved by appropriate treatment, andall products and derivatives of the processing of the carcase or parts of the carcase of warm-blooded land animals
2.Milk and milk derivatives	All milk products, fresh or preserved by appropriate treatment, and derivatives from their processing
3.Eggs and egg derivatives	All egg products fresh or preserved by appropriate treatment and derivatives from their processing
4.Oils and fats	All animal and vegetable oils and fats
5.Yeasts	All yeasts, the cells of which have been killed and dried
6.Fish and fish derivatives	Fish or parts of fish, fresh or preserved by appropriate treatment, and derivatives from their processing
7.Cereals	All types of cereal, regardless of their presentation, or products made from the starchy endosperm
8.Vegetables	All types of vegetables and legumes, fresh or preserved by appropriate treatment
9.Derivatives of vegetable origin	Derivatives resulting from the treatment of vegetable products, in particular cereals, vegetables, legumes and oil seeds
10.Vegetable protein extracts	All products of vegetable origin in which the proteins have been concentrated by an adequate process to contain at least 50% crude protein, as related to the dry matter, and which may be restructured (textured)
11.Minerals	All inorganic substances suitable for animal feed
12.Various sugars	All types of sugar
13.Fruit	All types of fruit, fresh or preserved by appropriate treatment
14.Nuts	All kernels from shells
15.Seeds	All types of seeds as such or roughly crushed
16.Algae	Algae, fresh or preserved by appropriate treatment
17.Molluscs and crustaceans	All types of molluscs, crustaceans, shellfish, fresh or preserved by appropriate treatment, and their processing derivatives
18.Insects	All types of insects and their stages of development
19.Bakery products	All bread, cakes, biscuits and pasta products

SCHEDULE 4 — Maximum levels of undesirable substances