LegalizeThe Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004
Made: 6 July 2004
Coming into force: 9 July 2004
The National Assembly for Wales, in exercise of the powers conferred by sections 66(1), 74A, 77(4) and 84 of the Agriculture Act 1970 , 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 measures relating to feed produced for or fed to food-producing animals, in exercise of the powers conferred 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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Amendments to 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
7
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9
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SCHEDULE 1 — ENTRIES TO BE SUBSTITUTED IN PART I OF SCHEDULE 7 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)) | All feed materials of plant origin including vegetable oils and by-products | 0.75 ng WHO-PCDD/F-TEQ/kg |
| Minerals as listed in Section 11 of Part II of Schedule 2 | 1.0 ng WHO-PCDD/F-TEQ/kg | |
| Kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite, synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the group “binders, anti-caking agents and coagulants” authorised under Council Directive 70/524/EEC concerning additives in feedingstuffs (OJ No. L270, 14.12.70, p.1) | 0.75 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 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% fat | 1.25 ng WHO-PCDD/F-TEQ/kg | |
| Compound feedingstuffs, with the exception of feedingstuffs for fur animals, pet foods and feedingstuffs for fish | 0.75 ng WHO-PCDD/F-TEQ/kg | |
| Feedingstuffs for fish Pet foods | 2.25 ng WHO-PCDD/F-TEQ/kg | |
| Fish protein hydrolysates containing more than 20% fat | 2.25 ng WHO-PCDD/F-TEQ/kg | |
| Note in respect of the entry in Column 2 relating to fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fat Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted from the maximum limit and a maximum level of 4.0 ng WHO-PCDD/F-TEQ/kg product is 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 animals, pet animals, zoo and circus animals) cannot enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food | Note in respect of all the entries in Column 3 Upper-bound concentrations; upper-bound concentrations are calculated assuming that all values of the different congeners less than the limit of quantification are equal to the limit of quantification.. |
SCHEDULE 2 — ENTRIES TO BE SUBSTITUTED IN SCHEDULE 8
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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 — 2004-07-06
Explanatory note
(This note is not part of the Regulations)
1These Regulations, which apply in relation to Wales only, further amend the Feeding Stuffs (Wales) Regulations 2001 (S.I. 2001/343 (W. 15), as already amended). The Feeding Stuffs (Wales) Regulations 2001 apply in relation to Wales only.
2These Regulations provide for the enforcement of Commission Regulation (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (OJ No. L187, 26.7.2003, p.11), Commission Regulation (EC) No. 1801/2003 provisionally authorising the new use of a certain micro-organism in feedingstuffs (OJ No. L264, 15.10.2003, p.16), Commission Regulation (EC) No. 1847/2003 concerning the provisional authorisation of a new use of an additive and the permanent authorisation of an additive already authorised in feedingstuffs (OJ No. L269, 21.10.2003, p.3) and Commission Regulation (EC) No. 2112/2003 correcting Regulations (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group trace elements (OJ No. L417, 2.12.2003, p.22) (regulation 2(2) and (3)).
3These Regulations also implement Commission Directive 2003/57/EC amending Directive 2002/32 of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L151, 19.6.2003, p.38) by amending Schedule 7 to the Feeding Stuffs (Wales) Regulations 2001 so as to specify new maximum levels for dioxin in feedingstuffs (regulation 2(4) and Schedule 1).
4These Regulations also implement Commission Directive 2003/104/EC authorising isopropyl ester of the hydroxylated analogue of methionine (OJ No. L295, 13.11.2003, p.83) by amending Schedule 8 to the Feeding Stuffs (Wales) Regulations 2001 so as to revise the conditions for the sale or possession for sale of analogues of methionine for use as a feeding stuff or as a protein source in a feeding stuff (regulation 2(5) and Schedule 2).
5These Regulations also make consequential amendments to regulations 7(1) and 24(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 of the effect these Regulations have on business costs has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the Library of National Assembly for Wales together with a Transposition Note setting out how the main elements of Commission Directive 2003/57/EC and Commission Directive 2003/104/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.
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 Secretary of State”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.
[^f00002]: 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.
[^f00003]: S.I. 2003/2901.
[^f00004]: S.I. 1972 c. 68.
[^f00005]: S.I. 2001/343 (W. 15), amended by 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).
[^f00006]: 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), S.I. 2003/1850 (W.200) and S.I. 2003/3119 (W.297).
[^f00007]: 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), S.I. 2003/1850 (W.200) and S.I. 2003/3119 (W.297).
[^f00008]: 1998 c. 38.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Dioxin (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzo-furans (PCDFs) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)) | All feed materials of plant origin including vegetable oils and by-products | 0.75 ng WHO-PCDD/F-TEQ/kg |
| Minerals as listed in Section 11 of Part II of Schedule 2 | 1.0 ng WHO-PCDD/F-TEQ/kg | |
| Kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite, synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the group “binders, anti-caking agents and coagulants” authorised under Council Directive 70/524/EEC concerning additives in feedingstuffs (OJ No. L270, 14.12.70, p.1) | 0.75 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 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% fat | 1.25 ng WHO-PCDD/F-TEQ/kg | |
| Compound feedingstuffs, with the exception of feedingstuffs for fur animals, pet foods and feedingstuffs for fish | 0.75 ng WHO-PCDD/F-TEQ/kg | |
| Feedingstuffs for fish Pet foods | 2.25 ng WHO-PCDD/F-TEQ/kg | |
| Fish protein hydrolysates containing more than 20% fat | 2.25 ng WHO-PCDD/F-TEQ/kg | |
| Note in respect of the entry in Column 2 relating to fish, other aquatic animals, their products and by-products with the exception of fish oil and fish protein hydrolysates containing more than 20% fatFresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted from the maximum limit and a maximum level of 4.0 ng WHO-PCDD/F-TEQ/kg product is 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 animals, pet animals, zoo and circus animals) cannot enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food | Note in respect of all the entries in Column 3Upper-bound concentrations; upper-bound concentrations are calculated assuming that all values of the different congeners less than the limit of quantification are equal to the limit of quantification.. | |
| Column 1 | Column 2 | Column 3 |
| --- | --- | --- |
| 4Analogues of methionine | 4Hydroxy analogue of methionine4Calcium salt of hydroxy analogue of methionine | CH3S(CH2)2-CH(OH)-COOH[CH3-S-(CH2)-CH(OH)-COO]2Ca |
| 4Isopropyl ester of the hydroxylated analogue of methionine | CH3-S-(CH2)2-CH-(OH)-COO-CH-(CH3)2 |
Editorial notes
[^c5371841]: 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 Secretary of State”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.
[^c5371851]: 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.
[^c5371861]: S.I. 2003/2901.
[^c5371871]: S.I. 1972 c. 68.
[^c5371911]: 1998 c. 38.
[^key-5ed40506eca985ec17d45d54fd796e16]: Regs. 4-11 revoked (1.1.2006) by The Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368), reg. 1, Sch. 2
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