Contents
- 1 Citation and commencement
- 2 Interpretation
- 3 Descriptions of animals prescribed for the purpose of the definition of feeding stuff
- 4 Prescribed descriptions of material
- 5 Matters required and permitted to be contained in a statutory statement or otherwise declared
- 6 Forms of statutory statement
- 7 Time by which a statutory statement relating to certain material must be given
- 8 Register of marks
- 9 Corltrol of premixtures
- 10 Limits of Limitation
- 11 Assigned meanings
- 12 Manner of packaging and sealing compound feeding stuffs, additives and premixtures
- 13 Meanings of names and purity of materials
- 14 Control of added substances contained in feeding stuffs
- 15 Control of feeding stuffs and ingredients containing undesirable substances
- 16 Control of certain protein sources
- 17 Control of the iron content of milk replacer feeds
- 18 Control of ash insoluble in hydrochloric acid in compound feeding stuffs
- 19 Control of feeding stuffs intended for particular nutritional purposes
- 20 Modification of the Agriculture Act 1970 in relation to all feeding stuffs
- 21 Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
- 22 Inspector’s power to enter premises and inspect records
- 23 Exemptions
- 24 Enforcement
- 25 Revocations
- Schedule 1 Contents of the statutory statement
- Schedule 2 Materials and their meanings
- Schedule 3 Limits of variation
- Schedule 4 Permitted additives and provisions relating to their use
- Schedule 5 Prescribed limits for undesirable substances
- Schedule 6
- Schedule 7 Control of certain protein sources
- Schedule 8 Labelling and marking of additives and premixtures
- Schedule 9 Method of calculating the energy value of compound feeds
- Schedule 10 Permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use
1Citation and commencement#
These Regulations may be cited as the Feeding Stuffs Regulations (Northern Ireland) 199.5, and shall come into operation on 15th January 1996.
2Interpretation#
(1)In these Regulations—• “the Act” means the Agriculture Act 1970;• “additive” means any substance, or preparation containing any substance, other than a premixture, which, when incorporated into a feeding stuff, is likely to affect its characteristics or livestock production;• “ash” means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure described in method 12 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982;• “complementary feeding stuff” means a mixture of feeding stuffs which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;• “complete feeding stuff” means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;• “compound feeding stuff” means a mixture of products of vegetable or animal origin in their natural state, fresh or preserved, or products derived from the industrial processing thereof, or organic or inorganic substances, whether or not containing additives, for oral animal feeding in the form of complete feeding stuffs or complementary feeding stuffs;• “daily ration” means the average total quantity of feeding stuff, expressed on a 12 per cent moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;• “energy value” means the energy value of a feeding stuff calculated in accordance with the relevant method described in Schedule 9;• “fat” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982;• “feeding stuff”, subject to regulation 15(10), has the meaning attributed to it by section 66(1) as modified by regulation 20(1);• “feeding stuff intended for a particular nutritional purpose” means a compound feeding stuff, the composition or method of manufacture of which distinguishes it from other feeding stuffs and from the type of products defined in Council Directive 90/167/EEC, laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community, and in respect of which any indication is given that it is intended for a particular nutritional purpose;• “fibre” means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure described in method 9 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982;• “ingredient” means—(a) a product of vegetable or animal origin, in its original state, fresh or preserved;(b) any product derived from such a product by industrial processing; or(c) any organic or inorganic substance,whether containing additives or not, which is intended for circulation as a straight feeding stuff or for the preparation of a compound feeding stuff or as a carrier of a premixture;• “medicinal product” and “medicinal purpose” have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968;• “milk replacer feed” means a compound feeding stuff administered in dry form, or after reconstitution with a given quantity of liquid, for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;• “mineral feeding stuff” means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;• “minimum storage life” means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;• “molassed feeding stuff” means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;• “moisture” means water and other volatile material determined in accordance with the procedure described in method 2 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982;• “name” in relation to an additive, means the name used in relation to an additive referred to in paragraph 6(1) of, or specified in the Table to, Schedule 4;• “national list” means the list of manufacturers of compound feeding stuffs published in London by the Ministry of Agriculture, Fisheries and Food for the purposes of Article 3a(2)(a) of Council Directive 74/63/EEC on undesirable substances and products in animal nutrition;• “oil” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982;• “particular nutritional purpose” means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;• “pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;• “premixture” means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;• “protein” means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure described in method 4 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982;• “protein equivalent of urea, biuret, urea phosphate and diureidoisobutane” means the amount of urea, biuret, urea phosphate and diureidoisobutane nitrogen multiplied by 6.25;• “starch” means the matter obtained as the result of treatment of a feeding stuff in accordance with method 30a or 30b, as appropriate, of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982; and• “straight feeding stuff” means a vegetable or animal product in its natural state, fresh or preserved, and any product derived from the industrial processing thereof, and any single organic or inorganic substance, whether or not it contains any additive, intended as such for oral animal feeding.
(2)Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
(3)The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.
3Descriptions of animals prescribed for the purpose of the definition of feeding stuff#
For the purposes of the definition of feeding stuff in section 66(1), bulls, cows, steers, heifers, calves, sheep, lambs, goats, kids, swine, piglets, horses, foals, deer, rabbits (other than pet rabbits), mink, partridges, pheasants, poultry, bees and farmed fish are prescribed animals.
4Prescribed descriptions of material#
The description of material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff (other than a straight feeding stuff intended for use as a pet food), and any material usable as an ingredient or additive in such a feeding stuff.
5Matters required and permitted to be contained in a statutory statement or otherwise declared#
The particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement or otherwise declared shall comply with the provisions of Schedule 1 and Part I of Schedule 8.
6Forms of statutory statement#
(1)In the case of material of the prescribed description delivered in a package or other container the statutory statement shall either—
(a)take the form of a label attached to that package or container; or
(b)be clearly marked directly thereon;
and in the case of such material delivered in bulk, the statutory statement shall take the form of a document relating to each consignment.
(2)The particulars, information and instructions required by section 68(1) and permitted by section 68(1A) to be contained in a statutory statement shall—
(a)be clearly separate from any other information;
(b)be in English; and
(c)be legible and indelible.
(3)For the purposes of section 69 (marking of material prepared for sale), material of the prescribed description which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1), and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
(4)In this regulation “the prescribed description” means the description prescribed by regulation 4.
7Time by which a statutory statement relating to certain material must be given#
For the purpose of section 68(3), any statutory statement required to be given on the sale of any straight feeding stuff delivered in bulk may be given as soon as practicable after delivery to the purchaser.
8Register of marks#
(1)As respects any straight feeding stuff, the matters required by section 69(1) to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
(2)In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser, there shall be an indication in a document, label or notice which is readily apparent and unequivocally associated with the material, of the type of feeding stuff and of the name or trade name and of the address or registered office of the manufacturer. The other matters required by section 69(1) to be marked on the material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
(3)The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) shall include the name and address of the purchaser, the date of the order and the amount ordered.
(4)The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.
(5)The period for which the register is to be preserved in accordance with section 69(7) shall be a period of six months commencing on the first day on which none of the materials referred to in the register remains on the premises, for sale as aforesaid.
(6)The register shall be made and kept by the seller concerned.
9Corltrol of premixtures#
(1)A person shall not sell any premixture in a bag or container which is not labelled or marked in accordance with paragraph (2) and Part II of Schedule 8.
(2)Every label or mark required by paragraph (1) shall conform to the provisions of regulation 6(1) and (2) as if such label or mark were a statutory statement.
10Limits of Limitation#
For the purposes of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff, where the mis-statement relates to an analytical constituent specified in the first column of Schedule 3 or to the energy value of a feeding stuff so specified, shall be as set out with respect to that constitutent or value in the second column of that Schedule.
11Assigned meanings#
For the purposes of section 70, there shall be assigned to the expressions “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” in each case the meaning given to that expression by regulation 2(1).
12Manner of packaging and sealing compound feeding stuffs, additives and premixtures#
(1)Subject to paragraphs (2), (3) and (4), a person shall not sell a compound feeding stuff or any additive or premixture, unless it is in a bag or container and unless that bag or container is sealed in such a way that, when the bag or container is opened, the seal is damaged and cannot be re-used.
(2)Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers in the case of—
(a)deliveries between producers or sellers of compound feeding stuffs;
(b)deliveries from producers of compound feeding stuffs to packaging enterprises;
(c)compound feeding stuffs obtained by mixing grain or whole fruit;
(d)blocks or licks;
(e)small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision of paragraph (1).
(3)Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags, in the case of—
(a)direct deliveries from the producer to the final user;
(b)molassed feeding stuffs consisting of less than three ingredients;
(c)pelleted feeding stuffs.
(4)Additives and premixtures may be sold in bulk, in unsealed bags or in unsealed containers in the case of deliveries to manufacturers of premixtures or feeding stuffs.
13Meanings of names and purity of materials#
(1)For the purposes of section 70, any name of a material specified in column 2 of Schedule 2 shall have the meaning assigned thereto in column 3 of that Schedule.
(2)A person shall not sell, or have in possession with a view to sale, for use as a feeding stuff—
(a)a vegetable material named in this sub-paragraph, of which the minimum botanical purity is less than the proportion specified in each case:
| rapeseed expeller — | 94%; |
| extracted rapeseed — | 94%; |
| linseed expeller — | 93%; |
| extracted linseed — | 93%; |
| broken rice — | 99%; |
(b)a vegetable material specified in column 2 of Schedule 2 other than one named in sub-paragraph (a), of which the botanical purity is less than 95%.
14Control of added substances contained in feeding stuffs#
(1)A person shall not sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive, or sell, or have in possession with a view to sale for incorporation in a feeding stuff, any additive, unless—
(b)where the additive is not so contained, it is referred to in paragraph 6(1) of, or in the Table to, Schedule 4; or
(2)A person shall not—
(a)sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive which is an enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or a micro-organism, whether or not the enzyme or micro-organism is contained in a preparation; or
(b)sell, or have in possession with a view to sale, for incorporation in a feeding stuff, any such enzyme or micro-organism,
(i)an identification note in the form contained in Annex II to that Directive, relating to the enzyme, micro-organism or preparation in question, and prepared by the person responsible for selling or otherwise supplying the same, was received by the Department of Agriculture; and
(ii)the enzyme or, as the case may be, micro-organism or preparation, is included in the list of authorised products referred to in that Article.
unless, in accordance with Article 3(a) of Council Directive 93/113/EC supplementing Council Directive 70/524/EEC concerning additives in feeding stuffs,
(3)A person shall not—
(a)sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additional which is an enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or a micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, or
(b)sell, or have in possession with a view to sale for incorporation in a feeding stuff, any such enzyme or micro-organism,
unless, in accordance with Article 3(b) of Council Directive 93/l 13/EC, and before that date, a dossier relating to the enzyme, micro-organism or preparation m question, and prepared by the person who requested its inclusion in the list of authorised products referred to in paragraph (2)(b)(ii), has been received by the Department of Agriculture.
(4)Paragraphs (1) to (3) shall not apply to any substance which is—
(a)for use in accordance with a written direction given by a veterinary surgeon or veterinary practitioner for the treatment of a particular animal or particular animals under his care;
(b)a medicinal product or for use for a medicinal purpose in a feeding stuff.
(5)A person shall not use as a feeding stuff material containing any added substance, not being a substance of a name or description specified in paragraph 6(1) of, or in the Table to, Schedule 4, which is deleterious to animals of any description specified in regulation 3, to pet animals, to human beings or to the environment.
(6)A person shall not sell, or have in possession with a view to sale, for use as a feeding stuff, any complementary feeding stuff which, when diluted as specified by the manufacturer for feeding to animals, contains levels of additives which exceed those specified in Schedule 4 in relation to complete feeding stuffs.
15Control of feeding stuffs and ingredients containing undesirable substances#
(1)A person shall not sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material specified in column 2 of Part I of Schedule 5 which contains any substance specified in column 1 of that Part, in excess of the level specified in relation thereto in column 3 thereof.
(2)A person shall not sell, or have in possession with a view to sale, any complementary feeding stuff which contains a substance specified in column 1 of Part I of Schedule 5 unless—
(a)that feeding stuff is specified in the corresponding entry in column 2 thereof; and
(b)the instructions for use are so worded as to ensure that—
(i)the feeding stuff is used only as part of a daily ration; and
(ii)the daily ration contains no more of the specified substance than the level specified in relation thereto for complete feeding stuffs.
(3)A person shall not, for use as an ingredient, import into Northern Ireland from a country other than a member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
(4)A person shall not, for use as an ingredient, import into Northern Ireland from a country other than a member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation to straight feeding stuffs in column 3 of Part I of that Schedule unless—
(a)the material is intended for use only by manufacturers of compound feeding stuffs who are then listed in the most recently published national list; and
(5)A person shall not 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 the corresponding entry in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
(6)A person shall not import into Northern Ireland from a country other than a member State of the European 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.
(7)For the purposes of paragraph (6), and without prejudice to the provisions of paragraph (3), 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.
(8)Paragraphs (1) to (5) shall not apply to any substance which is—
(a)for use in accordance with a written direction given by a veterinary surgeon or a veterinary practitioner for the treatment of a particular animal or particular animals under his care;
(b)a medicinal product or for use for a medicinal purpose in a feeding stuff.
(9)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); or
(b)in the case of an ingredient, that the ingredient does not comply with any requirement of paragraph (3), (4), (6) or (7), he shall immediately notify the Department of Agriculture.
(10)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 (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.
(11)A person shall not sell, or have in possession with a view to sale, for use as a compound feeding stuff, or use as a compound feeding stuff, any material which contains—
(a)faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;
(b)treated hide including leather and its waste;
(c)seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;
(d)wood, sawdust or other materials derived from wood treated with wood protection products;
(e)sludge from sewage plants treating waste waters;
(g)untreated waste from eating places, except food stuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness; or
(h)packaging and parts of packaging from products used in agriculture or the food industry.
16Control of certain protein sources#
(1)A person shall not sell, or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 7, unless that material—
(a)is named as a permitted product in column 2 of that Schedule; and
(b)complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 7 of that Schedule.
(2)A person shall not sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the “Candida” variety cultivated on n-alkanes.
17Control of the iron content of milk replacer feeds#
A person shall not sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.
18Control of ash insoluble in hydrochloric acid in compound feeding stuffs#
(1)Subject to paragraph (2), a person shall not sell, or have in possession with a view to sale—
(a)any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter; or
(b)any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.
(2)Paragraph (1)(b) shall not apply to any compound feeding stuff which—
(a)contains permitted mineral binders named or described in Part IV of the Table in Schedule 4; or
(b)is a mineral feeding stuff; or
(c)contains more than 50% of sugar beet chips or sugar beet pulp; or
(d)is intended for farmed fish and has a fish meal content of more than 15%,
if the level of ash insoluble in hydrochloric acid is declared as a percentage of the feeding stuff as such in the statutory statement, or elsewhere on the package, label or container; but in the case of a whole grain mix such a declaration shall not be required but may be made.
19Control of feeding stuffs intended for particular nutritional purposes#
A person shall not sell, or have in possession with a view to sale, any feeding stuff intended for a particular nutritional purpose unless—
(a)the particular nutritional purpose in question is specified in column 1 of Chapter A of Schedule 10;
(b)the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;
(c)the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;
(d)it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;
(e)in relation to the feeding stuff, the requirements specified in paragraphs I,2 and 8 of Chapter B of Schedule 10 are complied with: and
(f)the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.
20Modification of the Agriculture Act 1970 in relation to all feeding stuffs#
(1)For the definition of “feeding stuff” in section 66(1) there shall be substituted the following definition:“• “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 (and whether or not containing additives);for oral feeding to pet animals and such descriptions of animals as may be prescribed, 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:”
(2)For subsection (2) of section 66, there shall be substituted the following subsection—“2 For the purposes of this Act—a material shall be treated as sold for use as a fertilizer whether it is sold to be so used by itself or as an ingredient in something which is to be so used;b material shall be treated—i imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold to be used by itself or as an ingredient or additive in something which is to be so used: andii as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is robe so used.”
(3)In subsection (1) of section 82, for the words “68(4)(b) and (c)” there shall be substituted the words “68(1A), (4)(b) and (c)” and for the words “and 73” there shall be substituted the words “73, 73A and 74A”.
21Modification of the Agriculture Act 1970 in relation to imported feeding stuffs#
(1)In relation to feeding stuffs which have been imported, section 69(1) shall have effect subject to the modifications provided for in paragraph (3).
22Inspector’s power to enter premises and inspect records#
(1)This regulation shall apply for the purpose of ensuring compliance with the following provisions insofar as they relate to compound feeding stuffs:
(a)sections 68, 69, 70, 73, 73A and 74;
(b)regulations 5, 15(11), 17, 18 and 19, and Schedules 1, 6, 9 and 10.
(2)An inspector appointed under section 67 may at all reasonable times enter any premises (not being premises used only as a dwelling)—
(a)on which he has reasonable cause to believe any compound feeding stuff is manufactured; or
(b)which he has reasonable cause to believe are occupied by a person engaged in the manufacture of any compound feeding stuff, for purposes related to such manufacture by him, and may on those premises—
(i)require any person engaged in the manufacture of any compound feeding stuff to produce any record, in written or any other form relating to the manufacture by that person of any compound feeding stuff;
(ii)inspect and take copies of any such record;
(iii)where any such record is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been in use in connection with the record; and
(iv)where any such record is kept as aforesaid, require any person having charge of, or otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require.
(3)Where—
(a)a requirement is made under paragraph 2(b)(i) in relation to any feeding stuff intended for a particular nutritional purpose; and
(b)at the time the requirement is made, the record in respect of which it is made has been published and is available in accessible form for public use,
the person of whom the requirement is made shall be deemed to comply with it if, at the time it is made, he supplies the inspector making it with correct and adequate details of the publication concerned and of where a copy of it may be obtained.
(4)An inspector entering any premises by virtue of this regulation may take with him such other persons and such equipment as may appear to him to be necessary.
(5)Section 83 shall apply in relation to the exercise or, as the case may be, the purported exercise, of any powers under this regulation, as it applies in relation to the exercise or purported exercise of any power under Part IV of the Act.
23Exemptions#
These Regulations shall not apply to any feeding stuff which is intended for use only for—
(a)the experimental investigation or testing of substances controlled under regulation 14; or
(b)other purposes of scientific research or experiment
and which is not generally available for sale, purchase or use as a feeding stuff, and is clearly marked to that effect.
24Enforcement#
Insofar as any provision of these Regulations 'is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it were made under those provisions of the Act under which the other provisions of these Regulations are made, and the provisions of Part IV of the Act shall apply accordingly.
25Revocations#
The following Regulations are hereby revoked—
(a)the Feeding Stuffs Regulations (Northern Ireland) 1992;
(b)the Feeding Stuffs (Amendment) Regulations (Northern Ireland) 1993;
(c)the Feeding Stuffs (Amendment) Regulations (Northern Ireland) 1994; and
(d)the Feeding Stuffs (Amendment) (No. 2) Regulations (Northern Ireland) 1994.
Schedule 1 · Contents of the statutory statement
Part I
(1)
(1)In the case of any material sold for use as a feeding stuff, the name or trade name and address or registered office of the person responsible for the accuracy of the particulars referred to in this Schedule shall be contained in the statutory statement.
(2)The following particulars may be contained in the statutory statement:
(a)the identification mark or trade mark of the person responsible for the particulars referred to in this Schedule;
(b)the description or trade name of the material;
(c)the price of the material; and
(d)the country of origin or manufacture of the material.
(2)In the case of any material to which there has been added in the course of manufacture or preparation for sale any of the undermentioned substances (other than as a medicinal product or for a medicinal purpose)—
(1)In relation to each substance specified below the following particulars shall be contained in the statutory statement:
(a)antioxidant, colourant or preservative, either the words “contains permitted antioxidant”, “contains permitted colourant”, or “contains permitted preservative” as appropriate, or the name of the antioxidant, colourant or preservative; except that—
(i)if the material is a compound feeding stuff other than a pet food, the name of the antioxidant, colourant or preservative shall be stated;
(ii)if the material is intended for use as a pet food, and is packaged in a bag or container having a net weight of more than 10 kilograms, the words “with antioxidant”, “colourant” (or “coloured with”), “preservative” (or “preserved with”) shall be used as appropriate, followed by the name of the antioxidant, colourant or preservative;
(iii)if the material is intended for use as a pet food, and is packaged in a bag or container having a net weight of not more than 10 kilograms, the particulars may be given as in head (ii) or in the words “contains EEC permitted antioxidant(s), colourant(s) (and) preservative(s)” as appropriate, and a reference number whereby the feeding stuff may be identified. By way of exception, this reference number may appear elsewhere on the package, label or container, if the statutory statement contains a clear indication of the positioning of the said reference number. In such case, the manufacturer shall, on request, supply the name(s) of the additive(s) used;
(b)vitamin A, D or E, the name of the vitamin and the active substance level (in the case of vitamin A or D) or the alpha-tocopherol level as acetate (in the case of vitamin E) whether naturally present or added, together in either case with an indication of the period during which that level will remain present. Where more than one of these vitamins is present, only the shortest of those periods need be stated;
(c)copper, the name of the additive and the total level of the element (whether naturally present or added);
(d)bentonite and montmorillonite, the name of the additive;
(e)enzymes of a type referred to in Part X of the Table to Schedule 4—
(i)the names of the active constituents according to their enzymatic activities specified in column 3 of that Part;
(ii)the identification number allotted by the International Union of Biochemistry;
(iii)the activity units (expressed as activity units per kilogram or activity units per litre);
(iv)an indication of the period during which the activity units will remain present; and
(v)an indication of any significant characteristics of the enzyme arising during manufacture, specified in column 8 of that Part;
(f)enzymes not of a type referred to in Part X of the Table to Schedule 4: where the material is a compound feeding stuff—
(i)the names of the active constituents according to their enzymatic activities;
(ii)the identification number allotted by the International Union of Biochemistry;
(iii)the activity units (expressed as activity units per kilogram or activity units per litre) if such units can be measured by an official or scientifically valid method; and
(iv)an indication of the period during which the activity units will remain present; and
(g)micro-organisms, where the material is a compound feeding stuff—
(i)the identification of the strain(s) according to a recognised international code of nomenclature;
(ii)the deposit number of the strain(s);
(iii)the number of colony-forming units (expressed as CFU/kg) if the number is measurable by an official or scientifically valid method;
(iv)an indication of the period during which the colony-forming units will remain present; and
(v)an indication of any significant characteristics of the micro-organism arising during manufacture.
(2)The following additional particulars specified below in relation to each substance may be contained in the statutory statement:
(a)trace elements other than copper, (if the amount present can be determined by the methods specified in Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982 or by some other valid scientific method), the name of the additive and the total level of the element (whether naturally present or added); and
(b)vitamins other than vitamins A, D and E, provitamins and substances having a similar chemical effect, (if the amount present can be determined by the methods specified in Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982 or by some other valid scientific method), the name of the additive, the active substance level (whether naturally present or added) and an indication of the period during which that level will remain present; and
(c)any other added substance (other than an enzyme of a type not referred to in Part X of the Table to Schedule 4 or a micro-organism) its EEC number or its trade name.
(3)Any amount referred to—
(a)in sub-paragraph (1)(c), (2)(a) or (2)(b) shall be expressed in milligrams per kilogram; and
(b)in sub-paragraph (1)(b) shall be expressed in million international units per kilogram, international units per kilogram, milligrams per kilogram or micrograms per kilogram, as appropriate.
(4)However, by way of exception to the provision of sub-paragraph (3)(a), any amount referred to in sub-paragraph (1)(c), (2)(a) or (2)(b) may be expressed as a percentage by weight, unless the amount is less than 0.1% by weight, in which case it shall be expressed in milligrams per kilogram or micrograms per kilogram as appropriate.
(5)The particulars required or permitted by this paragraph to be included in the statutory statement may be accompanied (other than in the case of an enzyme of a type not referred to in Part X of the Table to Schedule 4 or a micro-organism) by the trade name or the EEC number of any additive named therein.
(3)In the case of any material, not being a pet food, named in column 2 of Schedule 2, the following particulars shall be contained in the statutory statement:
(a)the name of the feeding stuff specified in the said column 2 of Schedule 2;
(b)an indication of the form of presentation of the feeding stuff and of any process which the feeding stuff has undergone in the course of preparation or manufacture if this is not clear from the name;
(c)denaturing agents: nature and quantity where materials referred to in column 2 of Schedule 2 are used to denature straight feeding stuffs;
(d)binding agents: nature where materials referred to in column 2 of Schedule 2 are used to bind straight feeding stuffs, provided that such materials do not exceed 3% by weight of the straight feeding stuff; and
(e)the amounts of each of the analytical constituents which are listed in column 4 of Schedule 2, in the case of straight feeding stuffs by reference to the feeding stuff as such.
(4)In the case of any material, not being a pet food, named in column 2 of Schedule 2, the following additional particulars may be contained in the statutory statement:
(a)directions for use of the material; and
(b)the amounts of any of the analytical constituents which are listed in column 5 of Schedule 2; in the case of straight feeding stuffs by reference to the feeding stuff as such.
(5)In the case of any straight feeding stuff, not being a pet food, which is not named in column 2 of Schedule 2, a name or description or a name and description sufficiently specific to indicate the nature of the material shall be contained in the statutory statement.
(6)In the case of any straight feeding stuff, not being a pet food, the words “straight feeding stuff” shall be contained in the statutory statement.
(7)
(1)Subject to sub-paragraph (2) in the case of any compound feeding stuff the following particulars shall be contained in the statutory statement.
(a)the description “complete feeding stuff”, “mineral feeding stuff”, “complementary feeding stuff”, “molassed feeding stuff”, “complete milk replacer feed” or “complementary milk replacer feed” as appropriate;
(b)the species or category of animal for which the feeding stuff is intended, and directions for the proper use of the feeding stuff indicating the purpose for which it is intended;
(c)if the feeding stuff is constituted from no more than three ingredients, and clearly described by reference to its ingredients, either in the statutory statement or elsewhere on its package, label or container, the declarations specified in head (b) shall not be required.
(2)Wherever “, gas or fuel” appears, substitute “ or gas”.
(a)In the case of a pet food the descriptions “complete pet food” and “complementary pet food” may be used instead of “complete feeding stuff” and “complementary feeding stuff” respectively;
(b)In the case of a feeding stuff for pet animals other than dogs or cats, each of the descriptions “complete feeding stuff” and “complementary feeding stuff” may be replaced by either of the descriptions “compound feeding stuff” or “compound pet food”, in which case the statutory statement shall comply with paragraph 9 and the provisions relating to complete feeding stuffs in Part II.
(8)In the case of any compound feeding stuff the following particulars shall be declared either in the statutory statement or elsewhere on the package, label or container (in which case the statutory statement shall indicate where they are to be found):
(a)the net quantity, expressed in the case of solid products in units of mass, and in the case of liquid products in units of mass or volume;
(b)the minimum storage life, which in the case of microbiologically highly perishable feeding stuffs shall be expressed in the words “use before ” followed by the appropriate date (day, month and year) and in all other cases in the words “best before ” followed by the appropriate date (month and year);
(c)the batch number if the date of manufacture is not declared.
however, where an expiry date is required to be declared by paragraph 3(1)(O) or 2(2)(b), only the earlier date shall be declared;
(9)
(1)In the case of any compound feeding stuff other than a whole grain mix, the statutory statement—
(a)shall contain the declarations provided for in columns 1, 2 and 3 of Part II, as appropriate; and
(b)may contain the declarations provided for in columns 1, 2 and 4 of Part II, as appropriate.
(2)In the case of a whole grain mix, the statutory statement may contain the declarations provided for in columns 1, 2 and 3 of Part II, as appropriate.
(10)
(1)In the case of any compound feeding stuff other than a whole grain mix, the moisture content shall be declared in the statutory statement if it exceeds the following levels:
| milk replacer feeds and other compound feeding stuffs with a milk product content exceeding 40% | 7% |
| mineral feeding stuffs containing no organic substances | 5% |
| mineral feeding stuffs containing organic substances | 10% |
| other compound feeding stuffs | 14% |
(2)In the case of a whole grain mix, or a compound feeding stuff with a moisture content not exceeding the limits stated in sub-paragraph (1), the moisture content may be declared in the statutory statement.
(11)
(1)In the case of any compound feeding stuff for dogs or cats all the ingredients shall be declared in the statutory statement.
(2)In the case of any compound feeding stuff for pet animals other than dogs and cats, the ingredients may be declared in the statutory statement, and in such case all the ingredients shall be declared.
(3)Subject to paragraph 15(2) and paragraph 3 of Chapter B of Schedule 10,, ingredients declared in accordance with sub-paragraph (1) or (2) shall be declared either—
(a)by their specific names, with an indication of the amount of each ingredient; or
(b)by their specific names in descending order by weight; or
(c)by categories, as described in Part I of Schedule 6, in descending order by weight;
(i)the declaration is by categories and any ingredient belongs to none of the categories described in Part I of Schedule 6, in which case that ingredient, designated by its specific name, shall be listed in order by weight in relation to the categories; or
(ii)in the case of a feeding stuff intended for a particular nutritional purpose paragraph 18(2) and paragraph 3 of Chapter B of Schedule 10 require the declaration of any ingredient by its specific name, in which case any ingredient to which those provisions do not apply may be declared by reference to the category to which it belongs.
and the use of one of those forms of declaration shall preclude the use of either of the others, save where—
(12)
(1)Subject to paragraph 1 S(2) and paragraph 3 of Chapter B of Schedule 10, in the case of any compound feeding stuff for animals other than pet animals, all the ingredients shall be declared in the statutory statement in descending order of weight, either by their specific names or by the names of the categories in Part II of Schedule 6 to which they belong.
(2)The use of either of these forms of declaration shall preclude the use of the other, save where—
(i)the declaration is by categories and any ingredient belongs to none of the categories described in Part II of Schedule 6, in which case that ingredient, designated by its specific name, shall be listed in order by weight in relation to the categories; or
(ii)in the case of a feeding stuff intended for a particular nutritional purpose, paragraph 18(2) and paragraph 3 of Chapter B of Schedule 10 require the declaration of any ingredient by its specific name, in which case any ingredient to which those provisions do not apply may be declared by reference to the category to which it belongs.
(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) 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.
(13)Where a compound feeding stuff having a level of ash insoluble in hydrochloric acid not exceeding the levels stated in regulation 18(1), or which is a whole grain mix, is sold or held in possession with a view to sale, that level may be declared in the statutory statement or elsewhere on the package, label or container.
(14)In the case of any compound feeding stuff the following particulars may be included in the statutory statement:
(a)if the manufacturer is not the person responsible for the labelling particulars, the name or business name and the address or registered business address of the manufacturer;
(b)an indication of the physical condition of the feeding stuff or the specific processing it has undergone; and
(c)the date of manufacture expressed as follows: “manufactured . . . [days, months or years] before the minimum storage life expiry date indicated . . . [place where indicated if not on statutory statement]”.
(15)
(1)In the case of a complementary feeding stuff which contains any additive in excess of the maximum content specified for that additive in relation to the complete feeding stuff by Schedule 4, the instructions for use shall state, according to the species and age of the animal, the maximum quantity in grams or kilograms of the feeding stuff to be given per animal per day, and shall be so formulated that, when they are correctly followed, the final content of the additive does not exceed the maximum so specified.
(2)This paragraph shall not apply to products delivered to manufacturers of compound feeding stuffs or to their suppliers.
(16)In the particulars required or permitted to be set out in the statutory statement by paragraphs 8 to 13—
(a)unless the paragraph in question specifies some other method of expression the amounts shown shall be expressed in each case as a percentage of the weight of the feeding stuff as such and not as a range of percentages; and
(b)phosphorus shall be expressed as “phosphorus I”.
(17)
(1)Subject to sub-paragraph (2), in the case of a compound pet food, or of a feeding stuff intended for a particular nutritional purpose for animals other than pet animals, particular attention may be drawn in the statutory statement, or elsewhere on the package, label or container, to the presence or low content of one or more ingredients which are essential aspects of the characteristics of the feeding stuff.
(2)Where particular attention is drawn to the presence or low content of any ingredient as permitted by sub-paragraph (1), the minimum or maximum content expressed in terms of the percentage by weight of that ingredient, shall be clearly indicated—
(a)opposite the statement which draws attention to that presence or low content: or
(b)in the list of ingredients; or
(c)by mentioning that presence or low content and the percentage thereof (by weight) opposite the corresponding category of ingredients.
(19)
(1)Subject to sub-paragraph (2) in the case of a feeding stuff intended for a particular nutritional purpose, particular attention may be drawn in the statutory statement, or elsewhere on the package, label or container, to the presence or low content of one or more analytical constituents which are essential aspects of the characteristics of the feeding stuff.
(2)Where particular attention is drawn to the presence or low content of any analytical constituent as permitted by sub-paragraph (1), the maximum or minimum I content, expressed in terms of the percentage by weight of that analytical constituent, shall be clearly indicated in the list of analytical constituents.
(20)
(1)In the case of a product named as a permitted product in column 2 of Schedule 7, the statutory statement shall contain, in addition to any other particulars required by these Regulations, the name specified for that product in column 7 of that Schedule, together with such further particulars as may be specified in that column in relation to it.
(2)In the case of a compound feeding stuff containing for use as a protein source a product named as a permitted product in column 2 of Schedule 7, the statutory statement shall contain, in addition to any other particulars required by these Regulations, the name specified for that product in column 7 of that Schedule, together with such further particulars as may be specified in that column in relation to compound feeding stuffs containing that product.
(21)
(1)Subject to sub-paragraph (2), information may be provided in addition to the particulars required or permitted to be contained in the statutory statement or otherwise declared.
(2)Any information provided in addition to the particulars required or permitted by these Regulations to be contained in the statutory statement or otherwise declared—
(a)shall be clearly separated from those particulars;
(b)shall not be designed to indicate the presence or content of analytical constituents other than those the declaration of which is provided for in this Schedule or in Schedule 10;
(c)shall relate to objective or quantifiable factors which can be substantiated;
(d)shall not mislead the user, in particular by attributing to the feeding stuff effects or properties that it does not possess, or by suggesting that it possesses special characteristics when in fact all similar feeding stuffs contain similar properties;
(e)shall not claim that the feeding stuff will prevent, treat or cure a disease, except as regards ingredients which are medicinal products within the meaning of the Medicines Act 1968;
(f)shall not, in the case of a feeding stuff intended for a particular nutritional purpose, include a generic description other than in the form of the generic term “dietetic”;
(g)shall not, in the case of any feeding stuff other than one intended for a particular nutritional purpose, include a generic description in that form; and
(h)may in the case of a feeding stuff intended for a particular nutritional purpose, that the include reference to a particular pathological condition, provided that the particular nutritional purpose specified in respect of that feeding column 1 of Chapter A of Schedule 10 relates to that condition.
(l8)
(1)Subject to sub-paragraph (2), in the case of any feeding stuff intended for a particular nutritional purpose the following particulars shall be contained in the statutory statement:
(a)the term “dietetic”;
(b)a description of the feeding stuff,'
(c)the particular nutritional purpose of the feeding stuff, as specified in column 1 of Chapter A of Schedule 10;
(d)the essential nutritional characteristics of the feeding stuff, as specified in column 2 of that Chapter;
(e)the declarations prescribed in column 4 of that Chapter;
(f)the declarations, if any, prescribed in column 6 of that Chapter;
(g)where any declarations prescribed in that column do not include a declaration that it is recommended that the prior opinion of a veterinarian be sought, the words “It is recommended that a specialist’s opinion be sought before use”; and
(h)the recommended length of time for use of the feeding stuff.
(2)The particulars required by sub-paragraph (1) to be contained in the statutory statement shall be declared in accordance with the requirements of paragraphs 3 to 7 and 9 of Chapter B of Schedule 10.
Part II · Declaration of analytical constituents
Schedule 2 · Materials and their meanings
Schedule 3 · Limits of variation
Part a — · Compound feeding stuffs except those for pets
Part b— · Compound pet foods
Part C — · Other feeding stuffs not covered by parts a or b
Part D — · Vitamins and trace elements
Part e — · Energy value of compound feeding stuffs
Schedule 4 · Permitted additives and provisions relating to their use
(1)In this Schedule “material” means “material intended for use as a feeding stuff”, and any reference to a numbered Part is a reference to the Part bearing that number in the Table in this Schedule.
Part 1 · Permitted antioxidants
(2)No material shall contain any added antioxidant other than one named or described in column 2 of Part I, or any antioxidant so named or described unless, taking into account any such antioxidant which is naturally present, the maximum content (if any) specified in relation thereto in column 4 of that Part is not exceeded.
(3)No material shall contain—
(a)any colourant other than one named or described in column 2 of Part II; or
(b)any colourant named or described in column 2 of Part II unless—
(i)the material is intended for an animal listed opposite the colourant in question in column 4 of that Part;
(ii)taking into account any such colourant as is naturally present, the maximum content (if any) specified in relation thereto in column 5 of that Part is not exceeded; and
(iii)the material complies with the conditions (if any) specified in relation thereto in column 6 of that Part.
(4)
(1)No material shall contain any added emulsifier, stabiliser, thickener or gelling agent other than one named or described in Part III, or any emulsifier or stabiliser named or described in Chapter A of Part III unless the material is to be used in accordance with the specification, if any, laid down in respect of it in that Chapter.
(2)No material shall contain any substance named or described in column 2 of Chapter B of Part III unless—
(a)that material is intended for animals listed opposite the substance in question in column 3 of that Chapter;
(b)taking account of any such substance which is naturally present, the maximum content (if any) specified in relation thereto in column 4 of that Chapter is not exceeded; and
(c)the material complies with the conditions specified in relation thereto in column 5 of that Chapter.
(5)No material shall contain any added binder, anti-caking agent or coagulant other than one named or described in Part IV, or any substance named or described in Chapter B of that Part unless—
(a)taking account of any such substance which is naturally present, the maximum content (if any) specified in relation thereto in column 4 of that Chapter is not exceeded;
(b)the material is to be used in accordance with the conditions (if anyj laid down in respect of it in column 5 of that Chapter; and
(c)the material is intended for animals listed opposite the binder, anti-caking agent or coagulant concerned, in column 3 of that Chapter.
(6)
(1)Material may contain any vitamin (not being vitamin A, D2 or D3) or any pro-vitamin or chemically well defined substance having a similar effect.
(2)No material may contain any added vitamin A, D2 or D3 unless—
(a)the material is for a species of category of animal listed opposite the vitamin in question in column 3 of Part V,
(b)taking into account any such vitamin as is naturally present, the maximum content (if any) specified in relation thereto in column 4 of that Part is not exceeded; and
(c)the material complies with the conditions (if any) specified in relation thereto in column 5 of that Part.
(7)
(1)No material shall contain any added trace element other than one from a source specified in columns 3 and 4 of Part VI.
(2)No material shall contain any added trace element from a source so specified in proportions which, taking account of any such trace element which is naturally present exceed, in respect of animals (if any) listed opposite the trace element in question in column 5, the maximum content specified in relation thereto in column 6 of that Part.
(3)No material shall contain any added trace element from a source so specified which does not comply with the conditions (if any) specified in respect of that source in column 7 of that Part.
(8)No material shall contain—
(a)any added aromatic or appetising substance other than one named or described in column 2 of Part VII;
(b)any added aromatic or appetising substance named or described in the said column 2 which, taking account of any such substance which is naturally present, exceeds the maximum content (if any) specified in relation thereto in column 6 of Part VII; or
(c)any added aromatic or appetising substance named or described in the said column 2, unless the material is for a species or category of animal listed opposite the substance in question in column 4 of Part VII and the animal concerned is of an age no greater than that (if any) specified in column 5 of that Part.
(9)
(1)No material shall contain any added preservative other than one named or described in Part VIII.
(2)No material shall contain any added preservative specified in column 2 of Chapter B of Part VIII which, taking account of any such preservative which is naturally present, exceeds, in respect of animals listed opposite the preservative in question in column 4, the maximum content specified in relation thereto in column 5; and no material shall contain any added preservative specified in column 2 of that Chapter unless the material is for a species or category of animal listed opposite the preservative in question in column 4 of that Chapter, and is used in accordance with the specifications, if any, laid down in respect of it therein.
(11)No material shall contain—
(a)any added enzyme, other than one named or described in column 2 of Part X; or
(b)any added enzyme named or described in column 2 of that Part unless—
(i)the material is for a species or category of animal listed opposite the enzyme in question in column 4 of that Part, and the animal concerned is of an age no greater than that (if any) specified in column 5 of that Part;
(ii)taking into account any such enzyme which is naturally present, the content of the enzyme is not less than the minimum (if any) specified in column 6 of that Part, and does not exceed the maximum (if any) specified in column 7 of that Part; and
(iii)the material is to be used in accordance with the conditions (if any) laid down in column 8 of that Part.
(12)Unless otherwise stated, any maximum or minimum specified in the Table for the content of any additive in any feeding stuff is so specified by reference to a complete feeding stuff with a moisture content of 12%.
Part II · Permitted colourants
Part III · Permited emulsifiers, stabilisers, thickeners and gelling agents
Chapter a
Chapter b
Part IV · Permitted binders, anti-caking agents and coagulants
Chapter a
Chapter b
Part IX · Permitted acidity regulators for pet foods for dogs and cats
Part V · Vitamins, pro-vitamins and substances having a similar effect
Part VI · Trace elements
Part VII · Aromatic and appetising substances
Part VIII · Permitted preservatives
Chapter a
Chapter b
Part X · Permitted enzymes
Schedule 5 · Prescribed limits for undesirable substances
Part I · Feeding stuffs
Part II · Ingredients
Schedule 6
Part I · Categories of ingredients for use in relation to compound feeding stuffs for pet animals
Part II · Categories of ingredients for use in relation to compound feeding stuffs for animals other than pets
Part III · Non-exclusive list of the principal ingredients normally used in compound feeding stuffs for animals other than pets
Part IV · Principal processes used for preparation of the ingredients listed part III
Schedule 7 · Control of certain protein sources
Schedule 8 · Labelling and marking of additives and premixtures
Part I · Additives
(1)The label or mark shall give—
(a)in the case of an additive referred to in paragraph 6(1) of, or in the Table to, Schedule 4 (other than an enzyme);
(i)the name of the additive;
(ii)the name or business name and the address or registered business address of the person responsible within the European Community for the particulars referred to in this Part;
(iii)the net weight of any non-liquid additive; and
(iv)either the net weight or the net volume of any liquid additive;
(b)in the case of vitamin E;
(i)the alpha-tocopherol level as acetate; and
(ii)an indication of the period during which that level will remain present;
(c)in the case of any vitamin other than vitamin E, or any added provitamin or substance having a similar effect;
(i)the active substance level; and
(ii)an indication of the period during which that level will remain present;
(d)in the case of any trace element, colourant (including pigment), preservative or other additive referred to in the Table to Schedule 4 but not specified above (other than an enzyme), the active substance level;
(e)in the case of any enzvme (whether or not contained in a nreoaration where the enzyme is not of a type referred to in Part X of the Table to Schedule 4):
(i)the names of the active constituents according to their enzymatic activities (in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, as specified in column 3 of that Part);
(ii)the identification number allotted by the International Union of Biochemistry;
(iii)the name or business name and the address or registered business address of the person responsible for the particulars referred to in this sub-paragraph:
(iv)the name or business name and the address or registered business address of the manufacturer if he is not responsible for the particulars in the label or mark;
(v)the activity units (expressed as activity units per gram or activity units per millilitre);
(vi)an indication of the period during which the activity units will remain present;
(vii)the batch reference number and the date of manufacture;
(viii)directions for use, including any safety recommendation (in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, as specified in column 3 of that Part);
(ix)the net weight of any non-liquid additive;
(x)either the net weight or the net volume of any liquid additive; and
(xi)in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, an indication of any significant characteristics of the enzyme arising during manufacture, specified in column 8 of that Part;
(f)in the case of any micro-organism (whether or not contained in a preparation);
(i)the identification of the strain(s) according to a recognised international code of nomenclature;
(ii)the deposit number of the strain(s);
(iii)the numer of colony-forming units (expressed as CFU/g);
(iv)the name or business name and address or registered business address of the person responsible for the particulars referred to in this sub-paragraph;
(v)the name or business name and address or registered business address of the manufacturer if he is not responsible for the particulars in the label or mark;
(vi)an indication of the period during which the colony-forming units will remain present;
(vii)the bath reference number and the date of manufacture;
(viii)directions for use, including any safety recommendation;
(ix)the net wefght of any non-liquid additive;
(x)either the net weight or the net volume of any liquid additive; and
(xi)an indication of any significant characteristics of the micro-organism arising during manufacture.
(2)The label or mark may give, in addition to the name used in relation to any additive referred to in paragraph 6(1) of, or in the Table to, Schedule 4—
(a)the trade name of the additive and its EEC number;
(b)the name or business name and the address or registered business address of the manufacturer;
(c)directions for use, including any appropriate safety recommendation;
(d)any other information, provided that it is clearly separated from the particulars referred to in paragraph 1(a) to (d) and in the foregoing provisions of this paragraph, and from the relevant particulars referred to in paragraph 1(e).
(3)In the case of any enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, the label or mark may give any other information, provided that it is clearly separated from the relevant particulars referred to in paragraph 1(e) and (f).
Part II · Premixtures
(1)The label or mark shall give—
(a)in the case of any premixture:
(i)the description “premixture”;
(ii)directions for use, including any appropriate safety recommendation;
(iii)the species or category of animal for which the premixture is intended;
(iv)the name or business name and the address or registered business address of the person responsible within the European Community for the particulars referred to in this Part;
(v)the net weight of any non-liquid premixture; and
(vi)either the net weight or the net volume of any liquid premixture;
(b)in the case of any antioxidant, colourant (including pigment), trace element or preservative in a premixture, for which a maximum content in a complete feeding stuff is provided for by the appropriate Part of the Table to Schedule 4:
(i)the name of the additive; and
(ii)the active substance level;
(c)in the case of vitamin E in a premixture:
(i)the name of the additive;
(ii)the alpha-tocopherol level as acetate; and
(iii)an indication of the period during which that level will remain present;
(d)in the case of any vitamin other than vitamin E, or any provitamin or substance having a similar effect in a premixture:
(i)the name of the additive;
(ii)the active substance level; and
(iii)an indication of the period during which that level will remain present;
(e)in the case of any enzyme in a premixture:
(i)the names of the active constituents according to their enzymatic activities (in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, as specified in column 3 of that Part);
(ii)the identification number allotted by the International Union of Biochemistry;
(iii)the activity units (expressed as activity units per gram or activity units per millilitre);
(iv)an indication of the period during which the activity units will remain present;
(v)the name or business name and address or registered business address of the manufacturer if he is not responsible for the particulars referred to in the label or mark; and
(vi)in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, an indication of any significant characteristics of the enzyme arising during manufacture, specified in column 8 of that Part:
(f)in the case of any micro-organism in a premixture:
(i)the identification of the strain(s) according to a recognised international
(ii)code of nomenclature;
(iii)the deposit number of the strain(s);
(iv)the number of colony-forming units (expressed as CFU/g); an indication of the period during which the colony-forming units will remain present;
(v)the name or business name and address or registered business address of the manufacturer if he is not responsible for the particulars referred to in the label or mark; and
(vi)an indication of any significant characteristics of the micro-organism arising during manufacture;
(g)in the case of any additive in a premixture;
(ii)which fulfils a function in the feeding stuff as such; and
(iii)in respect of which the amount which is present in the premixture can be determined by using one of the methods of analysis specified in Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1982 or by some other valid scientific method—
(A)the name of the additive; and
(B)the active substance level.
(2)In relation to any additive referred to in paragraph 6(1) of, or in the Table to, Schedule 4, the label or mark may give—
(a)the trade name of the additive; or
(b)its EEC number; or
(c)both such trade name and the EEC number; and
(d)any other information, provided that it is clearly separated from the particulars referred to in paragraph 1(a) to (d) and in the foregoing provisions of this paragraph, and from the relevant particulars referred to in paragraph 1(e).
(3)In relation to any enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or micro-organism, in a premixture, the label or mark may give any other information, provided that it is clearly separated from the relevant particulars referred to in paragaph 1(a), (e) and cf).
(4)In the case of premixture containing more than one vitamin (other than vitamin E), provitamin or substance having a similar effect, the requirement for the indication of the period for which the active substance level will remain present shall apply only to that one of those additives which has the shortest such period.
Schedule 9 · Method of calculating the energy value of compound feeds
Schedule 10 · Permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use
Chapter a
Chapter b
(1)Where there is more than one group of nutritional characteristics indicated in column 2 of Chapter A, denoted by “and/or”, for the same nutritional purpose, the feeding stuff may have either or both groups in order to fulfil the nutritional purpose specified in column 1. For each group the corresponding labelling declarations are given opposite in column 4.
(2)Where a group of additives is mentioned in column 2 or column 4 of Chapter A, the additive(s) used must be authorised in Council Directive 70/524/EEC(a) as corresponding to the specified essential characteristic.
(3)Where the source(s) of ingredients or of analytical constituents is (are) required in column 4 of Chapter A the manufacturer must make a specific declaration (i.e. specific name of the ingredient(s), animal species or part of the animal) allowing the evaluation of conformity of the feeding stuff with the corresponding essential nutritional characteristics.
(4)Where the declaration of a substance, also authorised as an additive, is required by column 4 of Chapter A and is accompanied by the expression “total”, the declared content must refer to, as appropriate, the quantity naturally present where none is added or, by derogation from Directive 70/524/EEC the total quantity of the substance naturally present and the amount added as an additive.
(5)The declarations specified in column 4 of Chapter A which include the words “if added” are required where the ingredient or the additive has been incorporated or its content increased specifically to enable the achievement of the particular nutritional purpose.
(6)The declarations to be given in accordance with column 4 of Chapter A concerning analytical constituents and additives must be expressed in quantitative terms.
(7)The recommended period of use indicated in column 5 of Chapter A indicates a range within which the nutritional purpose should normally be achieved. Manufacturers may refer to more precise periods of use, within the permitted range.
(8)Where a feeding stuff is intended to meet more than one particular nutritional purpose, it must comply with the corresponding entries in Chapter A.
(9)In the case of a complementary feeding stuff intended for a particular nutritional purpose, guidance on the balance of the daily ration must be provided in the instructions for use.
Contains public sector information licensed under the Open Government Licence v3.0.