The Feeding Stuffs (Scotland) Regulations 2005

Publication Date:January 01, 2005

2005No. 605

AGRICULTURE

The Feeding Stuffs (Scotland) Regulations 2005

28thNovember2005

30thNovember2005

1stJanuary2006

ARRANGEMENT OF REGULATIONS

PART I

Introductory and General

1. Citation, commencement and extent

2. Interpretation

3. Modification of the Agriculture Act 1970 in relation to all feeding stuffs

4. Modification of the Agriculture Act 1970 in relation to imported feeding stuffs

5. Prescribed material to which requirements for statutory statement and marking of material apply

6. Exemption from these Regulations

7. Revocations and saving

PART II

Presentation and Composition of Feeding Stuffs

8. Matters required and permitted to be contained in a statutory statement or otherwise declared

9. Forms of statutory statement

10. Limits of variation

11. Assigned meanings for statutory statements or marks

12. Manner of packaging and sealing compound feeding stuffs

13. Control of feed materials

14. Control of products intended for animal feed containing undesirable substances

15. Control of feeding stuffs containing prohibited materials

16. Control of certain protein sources

17. Control of the iron content of milk replacer feeds

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

19. Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement

20. Control of additives and premixtures

21. Confidential information relating to additives under the 2000 Regulations

PART III

Enforcement

22. Enforcement of provisions made under section 2(2) of the European Communities Act 1972

23. Modification of section 74A(3) of the Agriculture Act 1970

PART IV

Amendment to other legislation

24. Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

SCHEDULE 1 -

METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDS

SCHEDULE 2 -

CONTROL OF FEED MATERIALS

PART I -

PRINCIPAL PROCESSES USED FOR THE PREPARATION OF THE FEED MATERIALS LISTED IN PART II OF THIS SCHEDULE

PART II -

NON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALS

PART III -

OTHER FEED MATERIALS

SCHEDULE 3 -

CONTENTS OF THE STATUTORY STATEMENT OR OTHER DECLARATION (EXCEPT FOR ADDITIVES AND PREMIXTURES NOT CONTAINED IN FEEDING STUFFS)

PART I

PART II -

DECLARATION OF ANALYTICAL CONSTITUENTS

SCHEDULE 4 -

LIMITS OF VARIATION

PART A -

COMPOUND FEEDING STUFFS EXCEPT THOSE FOR PETS

PART B -

COMPOUND PET FOODS

PART C -

FEED MATERIALS

PART D -

VITAMINS AND TRACE ELEMENTS

PART E -

ENERGY VALUE OF COMPOUND FEEDING STUFFS

SCHEDULE 5 -

PRESCRIBED LIMITS FOR UNDESIRABLE SUBSTANCES

SCHEDULE 6 -

CONTROL OF CERTAIN PROTEIN SOURCES

SCHEDULE 7 -

PERMITTED FEEDING STUFFS INTENDED FOR PARTICULAR NUTRITIONAL PURPOSES AND PROVISIONS RELATING TO THEIR USE

SCHEDULE 8 -

CATEGORIES OF FEED MATERIALS FOR USE IN RELATION TO COMPOUND FEEDING STUFFS FOR PET ANIMALS

SCHEDULE 9 -

AMENDING INSTRUMENTS REVOKED

The Scottish Ministers, in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 79(1), (2) and (9), and 84 of the Agriculture Act 1970 1, by section 2(2) of the European Communities Act 1972 2 (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above) and of all other powers enabling them in that behalf, after consultation as required by section 84(1) of the Agriculture Act 1970 with such persons or organisations appearing to represent the interests concerned and as required 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 safety 3, hereby make the following Regulations:

PART I

Introductory and General

Citation, commencement and extent

1.-

(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Regulations 2005 and come into force on 1st January 2006.

(2) These Regulations extend to Scotland only.

Interpretation

2.-

(1) In these Regulations-

"the Act" means the Agriculture Act 1970;

"additive", except in the context of the definition of "compound feeding stuff", means a feed additive to which the Additives Regulation applies that is not an excluded additive;

"the Additives Directive" means Council Directive 70/524/EEC concerning additives in feeding stuffs 4, as last amended by Commission Regulation (EC) No 1800/2004 5;

"the Additives Regulation" means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition 6;

"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 First Commission Directive 71/250/EEC 7, as last amended by Commission Directive 1999/27/EC 8;

"the Animal Nutrition Directive" means Council Directive 82/471/EEC concerning certain products used in animal nutrition 9, as last amended by Commission Directive 2004/116/EC 10;

"complementary feeding stuff" 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" means a compound feeding stuff which, by reason of its composition, is sufficient for a daily ration;

"compound feeding stuff", subject to regulation 14(6), means a mixture of feed materials, whether or not containing any additive falling within the scope of the Additives Regulation, for oral feeding to pet animals or farmed creatures in the form of complementary feeding stuffs or complete feeding stuffs;

"the Compound Feedingstuffs Directive" means Council Directive 79/373/EEC on the circulation of compound feedingstuffs 11, as last amended by Council Regulation (EC) No. 807/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adapted in accordance with the consultation procedure (unanimity) 12;

"daily ration" means the average total quantity of feeding stuff, expressed on a 12% 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;

"EEA State" means a member State, Norway, Iceland or Liechtenstein;

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

"establishment" has the meaning given by Article 3(d) of Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene 13;

"excluded additive" means any of the following:

(a) coccidiostats;(b) histomonostats; or(c) any zootechnical additive falling within category (d) of Article 6(1) of the Additives Regulation;

"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 Second Commission Directive 71/393/EEC 14, as last amended by Commission Directive 98/64/EC 15;

"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 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 16, and in respect of which any indication is given that it is intended for a particular nutritional purpose;

"feed material" 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,

(whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly as such, or after processing, in the preparation of a compound feeding stuff or as a carrier of a premixture;

"the Feed Materials Directive" means Council Directive 96/25/EC on the circulation of feed materials 17, as last amended by Council Regulation (EC) No. 806/2003 18;

"fibre" means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for fibre specified in Point 3 of Annex I to Fourth Commission Directive 73/46/EEC 19, as last amended by Commission Directive 99/27/EC 20;

"mammalian meat and bone meal" has the meaning given in Regulation 3(1) of the TSE (Scotland) Regulations 2002 21;

"member State" means a member State other than the United Kingdom;

"micro organism" has the meaning given by Article 2(2)(m) of the Additives Regulation;

"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% 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% by weight of total sugar expressed as sucrose;

"moisture" means water and other volatile material determined in accordance with the procedure set out in the method of analysis for moisture specified in Part I of the Annex to Second Commission Directive 71/393/EEC, as last...

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