The Feeding Stuffs (Wales) Regulations 2006

Publication Date:January 01, 2006

2006No. 116 (W.14)

AGRICULTURE, WALES

The Feeding Stuffs (Wales) Regulations 2006

24January2006

25January2006

ARRANGEMENT OF REGULATIONS

PART 1

INTRODUCTORY AND GENERAL

1. Title, commencement and application

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

6. Exemption from these Regulations

7. Revocations

PART 2

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 provisions

PART 3

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 4

AMENDMENTS TO OTHER LEGISLATION

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

SCHEDULES

Schedule 1:

Methods 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 anaytical 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 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 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 1970 1 and being designated 2 for the purposes of section 2(2) of the European Communities Act 1972 3 in 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. 178/2002 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 4, makes the following Regulations:

PART 1

INTRODUCTORY AND GENERAL

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.

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/EEC concerning additives in feeding stuffs 5;

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

"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/EEC 7;

"the Certain Products Directive" (y Gyfarwyddeb Cynhyrchion Penodol) means Council Directive 82/471/EEC concerning certain products used in animal nutrition 8;

"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/EEC on the circulation of compound feeding stuffs 9;

"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. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene 10;

"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/EEC 11;

"feed material" (deunydd bwyd anifeiliaid) means-

"the Feed Materials Directive" (y Gyfarwyddeb Deunydd Bwyd Anifeiliaid) means Council Directive 96/25/EC on the circulation of feed materials 12;

"feeding stuff intended for a particular nutritional purpose" (bwyd anifeiliad a fwriedir ar gyfer diben maethiadol penodo"l") 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 13, 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/EEC 14;

"mammalian meat and bone meal" (blawd cig ac esgyrn mamaliaid) has the meaning given in Regulation 3(1) of the TSE (Wales) Regulations 2002 15;

"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/EEC 16;

"oil" (olew) means the extract obtained following the treatment of a feeding stuff in accordance with the...

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