The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2004

• Citation: S.I. 2004/2688
• Sections: 5

Section 1 Title, application and commencement

These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2004, shall apply in relation to England only and shall come into force on 19th November 2004.

Section 2 Amendments to the Feeding Stuffs Regulations 2000

(1) The Feeding Stuffs Regulations 2000 are amended, in so far as they apply in relation to England, in accordance with paragraphs (2) to (5).

(2) In regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) after paragraph (6) add the following —

(7) Paragraphs (8) and (9) shall apply to any person who has in his possession or control for the purposes of a trade or business any of the following products intended for animal feed —

(a) palm kernel expeller;

(b) feeding stuffs obtained from the processing of fish or other marine animals;

(c) seaweed meal and feed materials derived from seaweed; or

(d) complete feeding stuffs for fish or for fur producing animals.

(8) Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in a product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Part I of Schedule 7.

(9) Any person who without reasonable excuse fails to comply with a request made under paragraph (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) For regulation 15 (control of compound feeding stuffs containing prohibited materials) substitute the following —

Control of feeding stuffs containing prohibited materials

(15)

(1) No person shall put into circulation for use as a feeding stuff, or use as a 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) hide treated with tanning substances, including its waste;

(c) seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended use in propagation, or derived by–products;

(d) wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market ;

(e) subject to paragraph (3), waste (whether or not subjected or to be subjected to further processing) obtained from the treatment of “urban waste water”, “domestic waste water”, or “industrial waste water” (as those terms are defined in Article 2 of Council Directive 91/271/ EEC concerning waste water treatment), whatever the origin of the waste water concerned ;

(f) solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 laying down health rules concerning animal by–products not intended for human consumption ;

(g) packaging and parts of packaging from products used in agriculture or the food industry.

(2) For the purposes of paragraph (1) “waste” shall have the meaning given in Article 1 of Council Directive 74/442/EEC .

(3) For the purposes of paragraph (1)(e), the term “waste water” shall be construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited .

(4) In Part IX (European Community Regulations by which additives are controlled) of Schedule 3 —

(a) after the reference to Commission Regulation (EC) No. 490/2004 insert the following —

(b) at the end add the following —

OJ No. L162, 30.4.2004, p.65.

OJ No. L162, 30.4.2004, p.68.

OJ No. L239, 9.7.2004, p.8.

OJ No. L243, 15.7.2004, p.10.

OJ No. L247, 21.7.2004, p.8.

OJ No. L247, 21.7.2004, p.11.

OJ No. L269, 17.8.2004, p.3.

OJ No. L270, 18.8.2004, p.11.

(5) For the entries relating to arsenic, fluorine, lead, aflatoxin B 1 , free gossypol and endosulphan which are set out in columns 1 to 3 of Part I (feeding stuffs) of Schedule 7 (prescribed limits for undesirable substances) substitute the entries set out in columns 1 to 3 respectively of the Schedule to these Regulations.

Section 3 Consequential amendments to the Feeding Stuffs Regulations 2000

(1) The Feeding Stuffs Regulations 2000 are further amended, in so far as they apply in relation to England, in accordance with paragraphs (2) and (3).

(2) In paragraph (1) of regulation 7 (limits of variation) after “(England)” insert “(No. 2)”.

(3) In paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) after “(England)” insert “(No. 2)”.

Section 4 Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999

(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are amended in so far as they apply in relation to England in accordance with paragraphs (2) and (3).

(2) In paragraph 3(e)(ii) of Part I of Schedule 2 (methods of analysis) after “(England)” insert “(No. 2)”.

(3) In paragraph (11)(a) of Part II (notes for completion of certificate) of Schedule 3 (form of certificate of analysis) after “(England)” insert “(No. 2)”.

Section 5 Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

(1) The Feeding Stuffs (Enforcement) Regulations 1999 are amended in so far as they apply in relation to England in accordance with paragraphs (2) to (5).

(2) In paragraph (2)(a) and in paragraph (4) of regulation 7 (modification of the Agriculture Act 1970 for certain purposes) after “(England)” insert “(No. 2)”.

(3) In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9, after “(England)” insert “(No. 2)”.

(4) In the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in regulation 10, after “(England)” wherever it appears insert “(No. 2)”.

(5) In each of regulations 11, 11A and 11B, after “(England)” insert “(No. 2)”.