Made | 13th October 2004 | ||
Laid before Parliament | 28th October 2004 | ||
Coming into force | 19th November 2004 |
(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 -
(2) For the purposes of paragraph (1) "waste" shall have the meaning given in Article 1 of Council Directive 74/442/EEC[11].
(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[12].".
(4) In Part IX (European Community Regulations by which additives are controlled) of Schedule 3 -
(5) For the entries relating to arsenic, fluorine, lead, aflatoxin B1, 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.
Consequential amendments to the Feeding Stuffs Regulations 2000
3.
- (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)".
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
4.
- (1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999[13] 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)".
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
5.
- (1) The Feeding Stuffs (Enforcement) Regulations 1999[14] 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)".
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State, Department of Health
13th October 2004
Column 1 | Column 2 | Column 3 |
Arsenic |
Feed materials except: |
2 |
- meal made from grass, from dried lucerne and from dried clover and dried sugar beet pulp and dried molasses sugar beet pulp | 4 | |
- palm kernel expeller | 4 (of which the content of inorganic arsenic must be less than 2) | |
- phosphates and calcareous marine algae | 10 | |
- calcium carbonate | 15 | |
- magnesium oxide | 20 | |
- feedingstuffs obtained from the processing of fish or other marine animals | 15 (of which the content of inorganic arsenic must be less than 2) | |
- seaweed meal and feed materials derived from seaweed | 40 (of which the content of inorganic arsenic must be less than 2) | |
Complete feeding stuffs except: |
2 | |
- complete feeding stuffs for fish and fur-producing animals | 6 (of which the content of inorganic arsenic must be less than 2) | |
Complementary feeding stuffs except: |
4 | |
- mineral feeding stuffs |
12 Note in respect of all entries in column 3 The maximum levels refer to total arsenic |
|
Fluorine |
Feed materials except: |
150 |
- feedingstuffs of animal origin with the exception of marine crustaceans such as marine krill | 500 | |
- phosphates and marine crustaceans such as marine krill | 2000 | |
- calcium carbonate | 350 | |
- magnesium oxide | 600 | |
- calcareous marine algae | 1000 | |
Complete feeding stuffs except: |
150 | |
- complete feeding stuffs for cattle, sheep and goats | ||
- in milk | 30 | |
- other | 50 | |
- complete feeding stuffs for pigs | 100 | |
- complete feeding stuffs for poultry | 350 | |
- complete feeding stuffs for chicks | 250 | |
Mineral mixtures for cattle, sheep and goats | 2000 | |
Other complementary feeding stuffs | 125 (fluorine content per percentage point in the feeding stuff) | |
Lead |
Feed materials except: |
10 |
- grass meal, lucerne meal or clover meal | 40 | |
- calcium carbonate | 20 | |
- phosphates and calcareous marine algae | 15 | |
- yeast | 5 | |
Complete feeding stuffs | 5 | |
Complementary feeding stuffs except: |
10 | |
- mineral feeding stuffs | 15 | |
Aflatoxin B1 | All feed materials | 0.02 |
Complete feeding stuffs for cattle, sheep and goats except: |
0.02 | |
- dairy animals | 0.005 | |
- calves and lambs | 0.01 | |
Complete feeding stuffs for pigs and poultry (except piglets and chicks) | 0.02 | |
Other complete feeding stuffs | 0.01 | |
Complementary feeding stuffs for cattle, sheep and goats (except complementary feeding stuffs for dairy animals, calves and lambs) | 0.02 | |
Complementary feeding stuffs for pigs and poultry (except piglets and chicks) | 0.02 | |
Other complementary feeding stuffs | 0.005 | |
Free Gossypol |
Feed materials except: |
20 |
- cotton-seed | 5000 | |
- cotton-seed cakes and cotton-seed meal | 1200 | |
Complete feeding stuffs except: |
20 | |
- complete feeding stuffs for cattle, sheep and goats | 500 | |
- complete feeding stuffs for poultry (except laying hens) and calves | 100 | |
- complete feeding stuffs for rabbits and pigs (except piglets) | 60 | |
Endosulphan (sum of alpha- and beta-isomers and of endosulphan sulphate, expressed as endosulphan) |
All feeding stuffs except: |
0.1 |
- maize and products derived from the processing thereof | 0.2 | |
- oilseeds and products derived from the processing thereof | 0.5 | |
- complete feeding stuffs for fish | 0.005 |
4.
Regulations 3 to 5 make consequential amendments to references to the Feeding Stuffs Regulations 2000 as they appear in various Regulations and in the Agriculture Act 1970.
5.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Commission Directive 2003/100/EC and Commission Decision 2004/217/EC are transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.
[4] S.I. 1972/1811, amended by S.I. 2002/794.back
[6] OJ No. L31, 1.2.2002, p.1, as amended by Regulation (EC) No. 1642./2003 (OJ No. L245, 29.9.2003, p.4). Under Article 3 of the EC Regulation "food law" extends to feed produced for, or fed to, food producing animals.back
[7] S.I. 2000/2481, amended by S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1503, S.I. 2003/2912 and S.I. 2004/1301.back
[8] OJ No. L123, 24.4.98, p.1.back
[9] OJ No. L135, 30.5.91, p.40, as amended by Commission Directive 98/15/EC, OJ No. L67, 7.3.98, p.29.back
[10] OJ No. L273, 10.10.2002, p.1.back
[11] OJ No. L194, 25.7.75, p.39, as last amended by Regulation (EC) 1882/2003, OJ No. L284, 31.10.2003, p.1.back
[12] OJ No. L67, 5.3.2004, p.31.back
[13] S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/541, S.I. 2002/892, S.I. 2003/1296, S.I. 2003/1503, S.I. 2003/2912 and S.I. 2004/2146.back
[14] S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2000/2481, S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1296 and S.I. 2003/1503.back