LegalizeThe Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003
Made: 2nd December 2003
Coming into force: 3rd December 2003
The National Assembly for Wales acting in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 1970 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ) and now exercisable by it in relation to Wales , after consultation as required by section 84(1) of that Act and by 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 , and being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), makes the following Regulations:
Title, application and commencement
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Amendment of the Feeding Stuffs (Wales) Regulations 2001
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Consequential amendments to the Feeding Stuffs (Wales) Regulations 2001
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Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
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Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
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SCHEDULE — PART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001
Signed
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D.Elis-Thomas — The Presiding Officer of the National Assembly — 2003-12-02
Explanatory note
(This note is not part of the Regulations)
1These Regulations, which apply to Wales only, further amend the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343 (W. 15), as already amended).
2These Regulations implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (OJ No. L22, 25.1.2003, p. 28).
3These Regulations modify the controls in the Feeding Stuffs (Wales) Regulations 2001 regulating the presence of additives in feedingstuffs by specifying new maximum levels in feed for the colourant canthaxanthin (regulation 2(2) and the Schedule).
4They also provide for the enforcement of Commission Regulation (EC) No.871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (OJ No. L125, 21.5.2003, p.3) and Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs (OJ No. L126, 22.5.2003, p.24) (regulation 2(3)).
5These Regulations also make consequential amendments to regulations 7(1) and 25(1) of the Feeding Stuffs (Wales) Regulations 2001 (regulation 3) and consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 4 to 11).
6A regulatory appraisal has been prepared in relation to these Regulations and has been placed in the library of the National Assembly for Wales, together with a transposition note setting out how the main elements of Directive 2003/7/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EN.
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. 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]: Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.
[^f00005]: OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.
[^f00006]: S.I. 1999/2788.
[^f00007]: 1972 c. 68.
[^f00008]: S.I. 2001/343 (W. 15), amended by S.I. 2001/1797 (W. 172), S.I. 2003/989 (W. 138) and S.I. 2003/1850 (W. 200).
[^f00009]: S.I. 2001/2253 (W. 163).
[^f00010]: S.I. 2001/3461 (W. 280).
[^f00011]: S.I. 2002/1797 (W. 172).
[^f00012]: S.I. 2003/989 (W. 138).
[^f00013]: S.I. 2003/1850 (W. 200).
[^f00014]: S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/2253 (W. 163), S.I. 2002/1797 (W. 172), S.I. 2003/1677 (W. 180) and S.I. 2003/1850 (W. 200).
[^f00015]: S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2001/2253 (W. 163), S.I. 2001/3461 (W. 280), S.I. 2002/1797 (W. 172), S.I. 2003/989 (W. 138), S.I. 2003/1677 (W. 180) and S.I. 2003/1850 (W. 200).
[^f00016]: 1998 c. 38.
[^f00017]: 1990 c. 16.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
|---|---|---|---|---|---|
| EEC No. | Name or Description | Chemical Formula, description | Kind of animal permitted | Maximum content (mg/kg in complete) feedingstuffs | Conditions |
| 1Carotenoids and xanthophylls: | |||||
| E160c | Capsanthin | C₄₀H₅₆0₃ | } | } | |
| E160e | Beta-apo-8'- carotenal | C₃₀H₄₀0 | } | }80 | |
| E160f | Ethyl ester of beta-apo-8'-carotenoic acid | C₃₂H₄₄0₂ | }Poultry | }(alone or with the other carotenoids and xanthophylls) | |
| E161b | Lutein | C₄₀H₅₆0₂ | } | } | |
| E161c | Cryptoxanthin | C₄₀H₅₆0 | } | ||
| E161g | Canthaxanthin | C₄₀H₅₂0₂ | Poultry other than laying hens | 25 | The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff |
| Laying hens | 8 | The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff | |||
| Salmon, trout | 25 | Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff | |||
| Dogs, cats and ornamental fish | |||||
| Canthaxanthin authorised for colouring foodstuffs by Community rules | All species or categories of animals other than poultry, salmon, trout, dogs and cats | Permitted in animal feedingstuffs only in products processed from:waste products of foodstuffs, orother base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
| Dogs and cats | |||||
| Poultry other than laying hens, salmon, trout | 25 | Permitted in animal feedingstuffs only in products processed from:waste products of foodstuffs, orother base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
| Laying hens | 8 | Permitted in animal feedingstuffs only in products processed from:waste products of foodstuffs, orother base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
| E161h | Zeaxanthin | C₄₀H₅₆0₂ | Poultry | }80 (alone or with other carotenoids and xanthophylls) | |
| E161i | Citranaxanthin | C₃₃H₄₄0 | Laying hens | } | |
| E161j | Astaxanthin | C₄₀H₅₂0₄ | aSalmon, trout | 100 | Use only permitted from the age of 6 months onwards. The mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff |
| bOrnamental fish | |||||
| 2Other colourants | |||||
| E102 | Tartrazine | C₁₆H₉N₄ Na₃O₉S₂ | } | ||
| E110 | Sunset yellow FCF | C₁₆H₁₀N₂ Na₂O₇S₂ | } Ornamental | ||
| E124 | Ponceau 4R | C₂₀H₁₁N₂ Na₃O₁₀S₃ | } fish | ||
| E127 | Erythrosine | C₂₀H₆I₄Na₂O₅ H₂O | |||
| E131 | Patent Blue V | Calcium salt of the disulphonic acid of m-hydroxytetra ethyl diamino triphenylcarbinol anhydride | aAll species or categories of animals with the exception of dogs and cats | Permitted in animal feedingstuffs only in products processed from:waste products of foodstuffs,denatured cereals of manioc flour, orother base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |
| bDogs and cats | |||||
| E132 | Indigotine | C₁₆H₈N₂ Na₂O₈S₂ | Ornamental fish | ||
| E141 | Chlorophyll copper complex | Ornamental fish | |||
| E142 | Acid Brilliant Green BS, (Lissamine Green) | Sodium sale of 4,4'- bis (dimethylamino) diphenylmethylene -2-naphthol-3,6- disulphonic acid | aAll species or categories of animals with the exception of dogs, cats and ornamental fish | Permitted in animal feedingstuffs only in products processed from:waste products of foodstuffs,denatured cereals of manioc flour, orother base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |
| bDogs, cats and ornamental fish | |||||
| E153 | Carbon black | C | } | ||
| E160B | Bixin | C₂₅H₃₀O₄ | } Ornamental fish | ||
| E172 | Iron oxide, red | Fe₂O₃ | } | ||
| 3All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 1990 | aAll species or categories of animals with the exception of dogs and cats | Permitted in animal feedingstuffs only in products processed from:waste products of foodstuffs, orother base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture | |||
| bDogs and cats |
Editorial notes
[^c5192121]: 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. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.
[^c5192131]: S.I. 2000/656.
[^c5192141]: S.I. 2002/794.
[^c5192151]: Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.
[^c5192161]: OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.
[^c5192171]: S.I. 1999/2788.
[^c5192181]: 1972 c. 68.
[^c5192271]: 1998 c. 38.
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