2003 No. 3119 (W.297)
The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003
Made
Coming into force
The National Assembly for Wales acting in exercise of the powers conferred by sections 66(1), 74A and 84 of the Agriculture Act 1970 F1 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 F2 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 F3) and now exercisable by it in relation to Wales F4, 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 safety F5, and being designated F6 for the purposes of section 2(2) of the European Communities Act 1972 F7 in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on it 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:
Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.
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.
Title, application and commencement1
1
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003.
2
These Regulations shall apply to Wales only and shall come into force on 3rd December 2003.
Amendment of the Feeding Stuffs (Wales) Regulations 20012
1
The Feeding Stuffs (Wales) Regulations 2001 F8 shall be amended 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. 688/2003 — “
Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs17.
Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator “Benzoic acid” in feedingstuffs18.
”
; and
b
the following text is inserted at the end —
17
OJ No. L125, 21.5.2003, p.3
18
OJ No. L126, 22.5.2005, p.24.
Consequential amendments to the Feeding Stuffs (Wales) Regulations 20013
1
The Feeding Stuffs (Wales) Regulations 2001 shall be amended, insofar as they apply in relation to Wales, 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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001 F9, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001 F10, the Feeding Stuffs (Amendment) (Wales) Regulations 2002 F11, the Feeding Stuffs (Amendment) (Wales) Regulations 2003 F12, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 F13 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003.
3
For paragraph (1) of regulation 24 (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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003.
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 19994
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 F14 shall be amended in so far as they apply in relation to Wales in accordance with regulations 5 and 6.
5
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)
(Wales) Regulations 2003” there shall be substituted the expression “
, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales)
(No.2) Regulations 2003
”
.
6
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)
(Wales) Regulations 2003” there shall be substituted the expression “
, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales)
(No.2) Regulations 2003
”
.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 19997
The Feeding Stuffs (Enforcement) Regulations 1999 F15 shall be amended in so far as they apply in relation to Wales in accordance with regulations 8 to 11.
8
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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No. 2) Regulations 2003, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
9
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)
(Wales) Regulations 2003” there shall be substituted the expression “
, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales)
(No.2) Regulations 2003
”
.
10
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)
(Wales) Regulations 2003” there shall be substituted the expression “
, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement)
(Amendment)
(Wales)
(No.2) Regulations 2003
”
.
11
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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (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 (Wales) Regulations 2001 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2001, the Feeding Stuffs (Amendment) (Wales) Regulations 2002, the Feeding Stuffs (Amendment) (Wales) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (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.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F16
SCHEDULEPART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS (WALES) REGULATIONS 2001
PART IIPERMITTED COLOURANT
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
EEC No.
Name or Description
Chemical Formula, description
Kind of animal permitted
Maximum content (mg/kg in complete) feedingstuffs
Conditions
1
Carotenoids and xanthophylls:
E160c
Capsanthin
C40H5603
}
}
E160e
Beta-apo-8'- carotenal
C30H400
}
}80
E160f
Ethyl ester of beta-apo-8'-carotenoic acid
C32H4402
}Poultry
}(alone or with the other carotenoids and xanthophylls)
E161b
Lutein
C40H5602
}
}
E161c
Cryptoxanthin
C40H560
}
E161g
Canthaxanthin
C40H5202
Poultry other than laying hens
25
The 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 hens
8
The 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, trout
25
Use 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
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:
- i
waste products of foodstuffs, or
- 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, trout
25
Permitted in animal feedingstuffs only in products processed from:
- i
waste products of foodstuffs, or
- 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 hens
8
Permitted in animal feedingstuffs only in products processed from:
- i
waste products of foodstuffs, or
- 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
E161h
Zeaxanthin
C40H5602
Poultry
}80 (alone or with other carotenoids and xanthophylls)
E161i
Citranaxanthin
C33H440
Laying hens
}
E161j
Astaxanthin
C40H5204
a
Salmon, trout
100
Use 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 colourants
E102
Tartrazine
C16H9N4 Na3O9S2
}
E110
Sunset yellow FCF
C16H10N2 Na2O7S2
} Ornamental
E124
Ponceau 4R
C20H11N2 Na3O10S3
} fish
E127
Erythrosine
C20H6I4Na2O5 H2O
E131
Patent Blue V
Calcium 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:
- i
waste products of foodstuffs,
- ii
denatured cereals of manioc flour, or
- 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
E132
Indigotine
C16H8N2 Na2O8S2
Ornamental fish
E141
Chlorophyll copper complex
Ornamental fish
E142
Acid 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:
- i
waste products of foodstuffs,
- ii
denatured cereals of manioc flour, or
- 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
Carbon black
C
}
E160B
Bixin
C25H30O4
} Ornamental fish
E172
Iron oxide, red
Fe2O3
}
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 1990 F17
a
All species or categories of animals with the exception of dogs and cats
Permitted in animal feedingstuffs only in products processed from:
- i
waste products of foodstuffs, or
- 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
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. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.