The Feeding Stuffs Regulations 1995

• Citation: S.I. 1995/1412
• Sections: 177

Section 1 Title and commencement

These Regulations may be cited as the Feeding Stuffs Regulations 1995, and shall come into force on 30th June 1995.

Section 2 Interpretation

(1) In these Regulations, unless the context otherwise requires—

“ 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 1982 ;

“complementary feeding stuff” means a mixture of feedings 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 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 1982 ;

“ingredient” means—

a product of vegetable or animal origin, in its original state, fresh or preserved;

any product derived from such a product by industrial processing; or

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 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 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 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 the feeding stuff in accordance with method 30a or 30b, as appropriate, of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;

“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 regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(3) 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.

Section 3 Descriptions 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.

Section 4 Prescribed 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.

Section 5 Matters 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.

Section 6 Forms 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) of this regulation, 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.

Section 7 Time 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.

Section 8 Register 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) of this regulation 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.

Section 9 Control of premixtures

(1) No person shall sell any premixture in a bag or container which is not labelled or marked in accordance with paragraph (2) of this regulation and Part II of Schedule 8.

(2) Every label or mark required by paragraph (1) of this regulation shall conform to the provisions of regulation 6(1) and (2) as if such label or mark were a statutory statement.

Section 10 Limits of variation

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, which relates to an analytical constituent or energy value mentioned in the first column of Schedule 3, shall be as set out with respect to that constituent or value in the second column of the said Schedule.

Section 11 Assigned 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 by regulation 2(1) to the expression concerned.

Section 12 Manner of packaging and sealing compound feeding stuffs, additives and premixtures

(1) Subject to paragraphs (2), (3) and (4) below, no person shall 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) above.

(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.

Section 13 Meanings 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) No person shall sell, or have in possession with a view to sale, for use as a feeding stuff—

(a) a vegetable material named in this subparagraph, 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 subparagraph (a) above, of which the botanical purity is less than 95%.

Section 14 Control of added substances contained in feeding stuffs

(1) No person shall 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—

(a) where the additive is contained in any material, the additive is referred to in paragraph 6(1) of, or in the Table to, Schedule 4 and the material complies with the relevant provisions of that Schedule;

(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

(c) the additive, whether or not contained in any material or in a preparation is—

(i) an enzyme (other than of a type referred to in Part X of that Table); or

(ii) a micro-organism.

(2) No person shall—

(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,

unless, in accordance with Article 3(a) of Council Directive 93/113/ EC , supplementing Council Directive 70/524/EEC concerning additives in feeding stuffs , and before 15th October 1994—

(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 Minister of Agriculture, Fisheries and Food; 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.

(3) No person shall, on or after 1st December 1995—

(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,

unless, in accordance with Article 3(b) of Council Directive 93/113/EC , and before that date, a dossier relating to the enzyme, micro-organism or preparation in question, and prepared by the person who requested its inclusion in the list of authorised products referred to in paragraph (2)(b)(ii) above, has been received by the Minister of Agriculture, Fisheries and Food.

(4) Paragraphs (1) to (3) of this regulation 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) No person shall 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) No person shall 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.

Section 15 Control of feeding stuffs and ingredients containing undesirable substances

(1) No person shall 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) No person shall 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) No person shall, for use as an ingredient, import into Great Britain 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) No person shall, for use as an ingredient, import into Great Britain 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

(b) it is accompanied by a document stating—

(i) that the material is intended for use only by the persons specified in sub-paragraph (a) above,

(ii) that the material may not be fed unprocessed to livestock, and

(iii) the amount of the specified substance contained in the material.

(5) No person shall 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) No person shall import into Great Britain 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) above, and without prejudice to the provisions of paragraph (3) above, 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) of this regulation 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) above, or

(b) in the case of an ingredient, that the ingredient does not comply with any requirement of paragraph (3), (4), (6) or (7) above,

he shall immediately notify the Minister of Agriculture, Fisheries and Food, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1), has the duty to enforce Part IV of the Act.

(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 above (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) No person shall 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;

(f) solid urban waste, such as household waste;

(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.

(12) For the purposes of paragraph (11) above, except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC , which is discarded or intended or required to be discarded.

Section 16 Control of certain protein sources

(1) No person shall 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) No person shall 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.

Section 17 Control of the iron content of milk replacer feeds

No person shall 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%.

Section 18 Control of ash insoluble in hydrochloric acid in compound feeding stuffs

(1) Subject to paragraph (2) below, no person shall 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) above 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.

Section 19 Control of feeding stuffs intended for particular nutritional purposes

No person shall 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 1, 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.

Section 20 Modification 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 product of vegetable or animal origin in its natural state (whether fresh or preserved);

a product derived from the industrial processing of such a product; or

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 fertiliser 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) as 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; and

(ii) as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is to be 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” .

Section 21 Modification 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 the following paragraph.

(2) The words “and in either case before it is removed from the premises” shall be deleted, and for the words “the material”, there shall be substituted the words “any material which has been marked in accordance with this subsection”.

Section 22 Inspector’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 feedingstuffs:

(a) sections 68, 69, 70, 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) above 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.

Section 23 Exemptions

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.

Section 24 Enforcement

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.

Section 25 Revocation

The Feeding Stuffs Regulations 1991 , the Feeding Stuffs (Amendment) Regulations 1993 , the Feeding Stuffs (Amendment) Regulations 1994 and the Feeding Stuffs (Amendment) ( No. 2) Regulations 1994 are hereby revoked.

Section 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.

Section 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 (ii) above 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-ocopherol 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 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 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 subparagraphs (1)(c), (2)(a) or (2)(b) of this paragraph shall be expressed in milligrams per kilogram; and

(b) in subparagraph (1)(b) of this paragraph 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 subparagraph (3)(a) above, any amount referred to in subparagraphs (1)(c), (2)(a) or (2)(b) of this paragraph 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.

Section 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.

Section 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 feedings stuffs by reference to the feeding stuff as such.

Section 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.

Section 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.

Section 7

(1) Subject to subparagraph (2) below, in the case of any compound feeding stuff the following particulars shall be contained in the statutory statement:

(a) the description “complete feeding stuff”, “complementary feeding stuff”, “mineral 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 (b) above shall not be required.

(2)

(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 below and the provisions relating to complete feeding stuffs in Part II of this Schedule.

Section 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 quanity, 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);

however, where an expiry date is required to be declared by paragraph 2(1)(b) or 2(2)(b) above, only the earlier date shall be declared;

(c) the batch number if the date of manufacture is not declared.

Section 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 of this Schedule, as appropriate; and

(b) may contain the declarations provided for in columns 1, 2 and 4 of Part II of this Schedule, 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 of this Schedule, as appropriate.

Section 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:

(2) In the case of a whole grain mix, or a compound feeding stuff with a moisture content not exceeding the limits stated in subparagraph (1) above, the moisture content may be declared in the statutory statement.

Section 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 18(2) below and paragraph 3 of Chapter B of Schedule 10, ingredients declared in accordance with subparagraph (1) or (2) above 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;

and the use of one of those forms of declaration shall preclude the use of either of the others, save where—

(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) below 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.

Section 12

(1) Subject to paragraph 18(2) below 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) below 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 subparagraph (3) above 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.

Section 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.

Section 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 indicated [place where indicated if not on statutory statement]

Section 15

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.

This paragraph shall not apply to products delivered to manufacturers of compound feeding stuffs or to their suppliers.

Section 16

In the particulars required or permitted to be set out in the statutory statement by paragraphs 8 to 13 above—

(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 P”.

Section 17

(1) Subject to subparagraph (2) below, 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 subparagraph (1) above, 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.

Section 18

(1) Subject to subparagraph (2) below, 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 subparagraph (1) above to be contained in the statutory statement shall be declared in accordance with the requirements of paragraphs 3–7 and 9 of Chapter B of Schedule 10.

Section 19

(1) Subject to subparagraph (2) below, 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 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 subparagraph (1) above, the maximum or minimum content, expressed in terms of the percentage by weight of that analytical constituent, shall be clearly indicated in the list of analytical constituents.

Section 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.

Section 21

(1) Subject to subparagraph (2) below, 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, include reference to a particular pathological condition, provided that the particular nutritional purpose specified in respect of that feeding stuff in column 1 of Chapter A of Schedule 10 relates to that condition.

Section 1

OIL CAKES AND MEAL

Section 2

Products and By- Products of the Pro- cessing of Vegetable Substances

(2.1) By-products of milling wheat

Section 2.2

Products and by-products of the manufacture of flakes, groats and husked grain

Section 2.3

By-products of maize milling