Feeding Stuffs Regulations 2000

JurisdictionUK Non-devolved
CitationSI 2000/2481

2000 No. 2481

AGRICULTURE

The Feeding Stuffs Regulations 2000

Made 10th September 2000

Laid before Parliament 22th September 2000

Coming into force 29th October 2000

The Secretary of State for Health, acting in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1), (3), (6) and (7), 70(1), 74(1), 74A, 77(4), 78(6) and 84 of the Agriculture Act 19701(as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000)2and of all other powers enabling him in that behalf, after consultation as required by section 84(1) of the said Act with the persons or organisations appearing to represent the interests concerned, and acting, as a Minister designated3for the purposes of section 2(2) of the European Communities Act 19724in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on him by the said section 2(2)5(in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

S-1 Title, commencement and extent

Title, commencement and extent

1.—(1) These Regulations may be cited as the Feeding Stuffs Regulations 2000, shall come into force on 29th October 2000 and shall extend to England, except that regulations 11 and 12 shall extend to England, Wales and Northern Ireland and, subject to paragraph (2) below, other provisions of these Regulations shall so extend in so far as they relate to regulations 11 and 12.

(2) In so far as regulation 24 applies to Northern Ireland, the references therein to Part IV of the Act shall be construed as references to that Part as modified by section 86.

S-2 Interpretation

Interpretation

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

the Act” means the Agriculture Act 1970;

“additive” means a substance or preparation used in animal nutrition in order to—

(a) affect favourably the characteristics of feed materials, compound feeding stuffs or animal products,

(b) satisfy the nutritional needs of animals or improve animal production (in particular by affecting the gastro-intestinal flora or the digestibility of feeding stuffs),

(c) introduce into nutrition elements conducive to obtaining particular nutritional objectives or to meeting the nutritional needs of animals at a particular time, or

(d) prevent or reduce the harmful effects caused by animal excretions or improve the animal environment,

but excludes everything excluded from coverage of the Additives Directive by Article 1.2 and 1.3 thereof;

“the Additives Directive” means Council Directive 70/524/EECconcerning additives in feeding stuffs6;

“the Agency” means the Food Standards Agency;

“ash” means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC7;

“authorised”, in relation to any additive, or the name of any additive, save in the expressions “authorised intermediate product” and “authorised medicated premix”, and subject to paragraph (2) below, means authorised in or, as the case may be, under, the Additives Directive, and “authorisation” shall be construed accordingly;

“authorised intermediate product” and “authorised medicated premix” have the meanings given in regulation 2(1) of the Medicated Feedingstuffs Regulations 19988;

“the Certain Products Directive” means Council Directive 82/471/EECconcerning certain products used in animal nutrition9;

“complementary feeding stuff”, subject to regulation 14(10)(a), means a compound feeding stuff 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”, subject to regulation 14(10)(a), means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;

“compound feeding stuff”, subject to regulation 14(10)(a), means a mixture of feeding stuffs;

“the Compound Feeding Stuffs Directive” means Council Directive 79/373/EECon the marketing of compound feeding stuffs10;

“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;

“dossier” means a dossier compiled in accordance with the relevant provisions of the Dossiers Directive and which includes—

(a) an identification note (containing where applicable the information specified in Article 9o.1 of the Additives Directive),

(b) any monograph supplied pursuant to Article 9n.3 of the Additives Directive, and

(c) in the case of an additive to which Article 7a of the Additives Directive applies, the documents referred to in the indented paragraphs of the first paragraph of that Article;

“the Dossiers Directive” means Council Directive 87/153/EECfixing guidelines for the assessment of additives in animal nutrition11;

“EC approved Article 2.2(d) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;

“EC approved Article 2.2(f) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer’s holding;

“EC permitted Article 2.2(d) establishment” means an establishment located in a member State (other than an EC approved Article 2.2(d) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if—

(a) a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and

(b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 2.2(f) establishment” means an establishment located in a member State (other than an EC approved Article 2.2(f) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if—

(a) a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and

(b) before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer’s holding;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 199312;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“energy value” means the energy value of a feeding stuff calculated in accordance with the relevant method specified in Schedule 1;

“establishment” has the meaning given by Article 1.3(b) of the Establishments Directive;

“the Establishments Directive” means Council Directive 95/69/EClaying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC, 74/63/EEC, 79/373/EECand 82/471/EEC13;

“fat” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC14;

“feeding stuff”, subject to regulation 14(10)(a), has the meaning attributed to it by section 66(1) as modified by regulation 20(1)(a);

“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 covered by the Medicated Feedingstuffs Directive, and in respect of which any indication is given that it is intended for a particular nutritional purpose;

“feed material”, subject to regulation 14(10)(b), means—

(a) any product of vegetable or animal origin, in its natural state, fresh or preserved;

(b) any product derived from such a product by industrial processing; or

(c) any organic or inorganic substance,

specified in Part II or III of Schedule 2, (whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly...

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