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The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003

S.I. 2003/2912 · Made 12 November 2003

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AGRICULTURE, ENGLAND

Made 12th November 2003

Laid before Parliament 17th November 2003

Coming into force 8th December 2003

The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 74A and 84 of the Agriculture Act 1970f1 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000f2 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002f3), after consultation as required by section 84(1) of that Act and by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyf4, and being a Minister designatedf5 for the purposes of section 2(2) of the European Communities Act 1972f6 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on him by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1970 c. 40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”; the definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.

f2

S.I. 2000/656.

f3

S.I. 2002/794.

f4

OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation “food law” extends to feed produced for, or fed to, food producing animals.

f5

S.I. 1972/1811, amended by S.I. 2002/794.

f6

S.I. 1972 c. 68.

Contents

  1. 1Title, application and commencement
  2. 2Substantive amendments to the Feeding Stuffs Regulations 2000
  3. 3Consequential amendments to the Feeding Stuffs Regulations 2000
  4. 4Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
  5. 5Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
  6. 6Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
  7. 7Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
  8. 8Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
  9. 9Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
  10. 10Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
  11. 11Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
  12. Signature
  13. Schedule PART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS 2000
  14. Explanatory note

1Title, 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 2003, shall apply in relation to England only and shall come into force on 8th December 2003.

2Substantive amendments to the Feeding Stuffs Regulations 2000

(1)

The Feeding Stuffs Regulations 2000f1 shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).

(2)

For Part II of the Table set out in Schedule 3 (permitted additives and provisions relating to their use) there shall be substituted the Part set out in the Schedule to these Regulations.

(3)

In Part IX of Schedule 3 —

(a)

the following text shall be inserted immediately after the reference to Commission Regulation (EC) No. 668/2003 —

  • “Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs(17).

  • Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs(18).”; and

(b)

the following text is inserted at the end —

“(17)

OJ No. L125, 21.5.2003, p.3.

(18)

OJ No. L126, 22.5.2003, p.24.”.

3Consequential amendments to the Feeding Stuffs Regulations 2000

(1)

The Feeding Stuffs Regulations 2000 shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).

(2)

For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph —

“(1)

Section 74(2) shall have effect as if after the words “this Part of this Act” there were inserted the words “or the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001f1, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001f2, the Feeding Stuffs (Amendment) Regulations 2002f3, the Feeding Stuffs (Amendment) Regulations 2003f4, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003f5 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003.”.

(3)

For paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph —

“(1)

For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) shall have effect as if for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003.”.

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

The Feeding Stuffs (Sampling and Analysis) Regulations 1999f1 shall be amended in so far as they apply in relation to England in accordance with regulations 5 and 6.

5Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999

In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.

6Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999

In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.

7Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

The Feeding Stuffs (Enforcement) Regulations 1999f1 shall be amended in so far as they apply in relation to England in accordance with regulations 8 to 11.

8Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —

(a)

for paragraph (2) there shall be substituted the following paragraph —

“(2)

The purpose referred to in paragraph (1) is the enforcement and administration of —

(a)

the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, as read with Part IV of the Act; and

(b)

sections 73 and 73A of the Act.”; and

(b)

for paragraph (4) there shall be substituted the following paragraph —

“(4)

The purpose referred to in paragraph (3) is the enforcement and administration of —

(a)

the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, as read with Part IV of the Act; and

(b)

sections 73 and 73A of the Act.”.

9Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

In each of regulations 11, 11A and 11B for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.

10Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression “and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003” there shall be substituted the expression “, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003”.

11Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999

In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —

“(17)

In this section —

  • “compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003;

  • “controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, as read with this Part of this Act, or in section 73 or 73A of this Act;

  • “feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003;

  • “premises” include any land, vehicle, vessel, aircraft or hovercraft; and

  • “put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying.”.

Signature

Signed by authority of the Secretary of State for Health

Melanie Johnson

Parliamentary Under Secretary of State,

Department of Health

12th November 2003

PART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS 2000

“PART II

PERMITTED COLOURANTS

Col. 1Column 2Column. 3Column 4Column 5Column 6
EEC No.Name or DescriptionChemical Formula, description.Kind of animal permittedMaximum content (mg/kg in complete feedingstuffs)Conditions
1.

Carotenoids and xanthophylls:

E160c

E160e

E160f

E161b

E161c

Capsanthin

Beta–apo–8'–carotenal

Ethyl ester of beta– apo–8'–carotenoic acid

Lutein

Cryptoxanthin

C40H5603

C30H400

C32H4402

C40H5602

C40H560

}Poultry

}80

}(alone or with the other carotenoids and xanthophylls)

—
E161gCanthaxanthinC40H5202Poultry other than laying hens25The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
Laying hens8The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
Salmon, trout25Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff
Dogs, cats and ornamental fish——

E161h

E161i

Zeaxanthin

Citranaxanthin

C40H5602

C33H440

Poultry

Laying hens

}80

} (alone or with other carotenoids and xanthophylls)

—
E161jAstaxanthinC40H5204
(a)

Salmon, trout

100Use only permitted from the age of 6 months onwards. the mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff
(b)

Ornamental fish

——
2.

Other cololurants

E102

E110

E124

E127

Tartrazine

Sunset yellow FCF

Ponceau 4R

Erythrosine

C16H9N4 Na3O9S2

C16H10N2Na2O7S2

C20H11N2Na3O10S3

C20H6I4Na2O5

H2O

} Ornamental fish——
E131Patent Blue VCalcium salt of the disulphonic acid of m–hydroxytetra ethyl diamino triphenylcarbinol anhydride
(a)

All species or categories of animals with the exception of dogs and cats

—

Permitted in animal feedingstuffs only in products processed from:

  1. (i)

    waste products of foodstuffs,

  2. (ii)

    denatured cereals or manioc flour, or

  3. (iii)

    other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

(b)

Dogs and cats

——
E132IndigotineC16H8N2Na2O8S2Ornamental fish——
E141Chlorophyll copper complex—Ornamental fish——
E142Acid Brilliant Green BS, (Lissamine Green)Sodium sale of 4,4'–bis (dimethylamino) diphenylmethylene–2–naphthol–3,6–disulphonic acid
(a)

All species or categories of animals with the exception of dogs, cats and ornamental fish

—

Permitted in animal feedingstuffs only in products processed from:

  1. (i)

    waste products of foodstuffs,

  2. (ii)

    denatured cereals or manioc flour, or

  3. (iii)

    other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

(b)

Dogs, cats and ornamental fish

——

E153

E160B

E172

Carbon black

Bixin

Iron oxide, red

C

C25H30O4

Fe2O3

} Ornamental fish——
3.

All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 1990f1

—
(a)

All species or categories of animals with the exception of dogs and cats

Permitted in animal feedingstuffs only in products processed from:

  1. (i)

    waste products of foodstuffs, or

  2. (ii)

    other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

(b)

Dogs and cats

——
3.1

Canthaxanthin authorised for colouring foodstuffs by Community rules

All species or categories of animals other than poultry, salmon, trout, dogs and cats—

Permitted in animal feedingstuffs only in products processed from:

  1. (i)

    waste products of foodstuffs, or

  2. (ii)

    other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

Dogs and cats——
Poultry other than laying hens, salmon, trout25

Permitted in animal feedingstuffs only in products processed from:

  1. (i)

    waste products of foodstuffs, or

  2. (ii)

    other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

Laying hens8

Permitted in animal feedingstuffs only in products processed from:

  1. (i)

    waste products of foodstuffs, or

  2. (ii)

    other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture

”

Explanatory note

(This note is not part of the Regulations)

1.

These Regulations, which apply in relation to England only, further amend the Feeding Stuffs Regulations 2000 (SI 2000/2481, as already amended). The Feeding Stuffs Regulations 2000 largely apply in relation to England only.

2.

These Regulations implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (OJ No. L22, 25.1.2003, p. 28), by modifying the controls in the Feeding Stuffs Regulations 2000 regulating the presence of additives in feedingstuffs by specifying new maximum levels in feed for the colourant canthaxanthin (regulation 2(2) and the Schedule).

3.

They also provide for the enforcement of Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (OJ No. L125, 21.5.2003, p.3) and Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs (OJ No. L126, 22.5.2003, p.24) (regulation 2(3)).

4.

These Regulations also make consequential amendments to regulations 7(1) and 25(1) of the Feeding Stuffs Regulations 2000 (regulation 3) and consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 4 to 11).

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 2003/7/EC are transposed by these Regulations. Copies may be obtained from the Chemical Contaminants and Animal Feed Division of the Food Standards Agency, Aviation House, 125 Kingsway London, WC2B 6NH.