The Feeding Stuffs (Wales) Regulations 2006

JurisdictionWales
CitationSI 2006/116 (W14)
Year2006

2006 No. 116 (W.14)

AGRICULTURE, WALES

The Feeding Stuffs (Wales) Regulations 2006

Made 24th January 2006

Coming into force 25th January 2006

The National Assembly for Wales, acting 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, 77(4), 78(6) and (10), 79(1), (2) and (9), and 84 of the Agriculture Act 19701and being designated2for the purposes of section 2(2) of the European Communities Act 19723in relation to the common agricultural policy of the European Community and measures relating to feed produced for or fed to food producing animals and measures in the veterinary field for the protection of public health, in exercise of the powers conferred by the said section 2(2) (in so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above), and after consultation as required by section 84(1) of the said Act or as appropriate by Article 9 of Regulation (EC) No. 178/2002of 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 safety4, makes the following Regulations:

1 INTRODUCTORY AND GENERAL

PART 1

INTRODUCTORY AND GENERAL

S-1 Title, commencement and application

Title, commencement and application

1. —The title of these Regulations is the Feeding Stuffs (Wales) Regulations 2006, they come into force on 25 January 2006 and apply in relation to Wales.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the Act” (“y Ddeddf”) means the Agriculture Act 1970;

“additive” (“ychwanegyn”) subject to regulation 21(4), means a feed additive to which the Additives Regulation applies, with the exception of any additive in categories (d) or (e) of Article 6(1) of that Regulation other than those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation;

“the Additives Directive” (“y Gyfarwyddeb Ychwanegion”) means Council Directive 70/524/EECconcerning additives in feeding stuffs5;

“the Additives Regulation” (“y Rheoliad Ychwanegion”) means Regulation (EC) No. 1831/2003of the European Parliament and of the Council on additives for use in animal nutrition6;

“ash” (“lludw”) 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;

“the Certain Products Directive” (“y Gyfarwyddeb Cynhyrchion Penodol”) means Council Directive 82/471/EECconcerning certain products used in animal nutrition8;

“complementary feeding stuff” (“bwyd anifeiliaid cydategol”) 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” (“bwyd anifeiliad cyflawn”) means a compound feeding stuff which, by reason of its composition, is sufficient for a daily ration;

“compound feeding stuff” (“bwyd anifeiliad cyfansawdd”) subject to regulation 14(6), means a mixture of feed materials, whether or not containing any additive, for oral feeding to pet animals or farmed creatures in the form of complementary feeding stuffs or complete feeding stuffs;

“the Compound Feeding Stuffs Directive” (“y Gyfarwyddeb Bwydydd Anifeiliad Cyfansawdd”) means Council Directive 79/373/EECon the circulation of compound feeding stuffs9;

“daily ration” (“dogn dyddiol”) 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” (“Gwladwriaeth yr Ardal Economaidd Ewropeaidd”) means a Member State of the European Economic Area, Norway, Iceland or Liechtenstein;

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

“establishment” (“sefydliad”) has the meaning given by Article 3(d) of Regulation (EC) No. 183/2005of the European Parliament and of the Council laying down requirements for feed hygiene10;

“fat” (“braster”) 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/EEC11;

“feed material” (“deunydd bwyd anifeiliaid”) means—

“the Feed Materials Directive” (“y Gyfarwyddeb Deunydd Bwyd Anifeiliaid”) means Council Directive 96/25/ECon the circulation of feed materials12;

“feeding stuff intended for a particular nutritional purpose” (“bwyd anifeiliad a fwriedir ar gyfer diben maethiadol penodol”) 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/EEClaying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community13, and in respect of which any indication is given that it is intended for a particular nutritional purpose;

(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;

“fibre” (“ffeibr”) 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 1 to Directive 73/46/EEC14;

“mammalian meat and bone meal” (“blawd cig ac esgyrn mamaliaid”) has the meaning given in Regulation 3(1) of the TSE (Wales) Regulations 200215;

“Member State” (“Aelod-Wladwriaeth”) means a Member State other than the United Kingdom;

“micro-organism” (“micro-organedd”) has the meaning given by Article 2(2)(m) of the Additives Regulation;

“milk replacer feed” (“bwyd anifeiliaid sy'n cymryd lle llaeth”) 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” (“bwyd anifeiliaid mwynol”) means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40% by weight of ash;

“minimum storage life” (“isafswm oes storio”) 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” (“bwyd anifeiliaid triagl”) means a complementary feeding stuff prepared from molasses and which contains at least 14% by weight of total sugar expressed as sucrose;

“moisture” (“lleithedd”) 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 Directive 71/393/EEC16;

“oil” (“olew”) 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/EEC17;

“particular nutritional purpose” (“diben maethiadol penodol”) means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;

“pet food” (“bwyd anifeiliaid anwes”) means a feeding stuff for pet animals and “compound pet food” is construed accordingly;

“premixture” (“rhag-gymysgedd”) has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any premixture containing an additive belonging to category (d) or (e) of Article 6(1) of that Regulation other than those in the functional groups listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation;

“prescribed material” (“deunydd rhagnodedig”) means material described in regulation 5(1);

“product intended for animal feed” (“cynnyrch a fwriedir ar gyfer bwyd anifeiliaid”) means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;

“protein” (“protein”), except in paragraphs 7, 8, 9 and 10 of Part I of Schedule 3 where it has the meaning given to it by regulation 3(1) of the TSE (Wales) Regulations 2002, means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EEC18;

“put into circulation” (“rhoi mewn cylchrediad”) means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, in each case to a third party, and in regulations 13(8) and 14 also means import into Wales from a state other than an EEA State;

“starch” (“starts”) means the matter obtained as the result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC;

the 2001 Regulations” (“Rheoliadau 2001”) means the Feeding Stuffs (Wales) Regulations 200119;

“undesirable substance” (“sylwedd annymunol”) means any substance or product, not being a pathogenic agent, which is present in or...

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