Feeding Stuffs (Amendment) Regulations (Northern Ireland) 1996

Made: 27th June 1996

Coming into operation: 31st July 1996

The Department of Agriculture, being a Department designated[^f00001] for the purposes of section 2(2)[^f00002] of the European Communities Act 1972^f00003 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section and sections 66(1), 68(1), 73(3), 74(1), 74A[^f00004], 84 and 86 of the Agriculture Act 1970[^f00005] and of every other power enabling it in that behalf, after consultation with such persons or organisations as appear to it to represent the interests concerned, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations (Northern Ireland) 1996 and shall come into operation on 31st July 1996.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00006] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of the Feeding Stuffs Regulations (Northern Ireland) 1995

2

The Feeding Stuffs Regulations (Northern Ireland) 1995[^f00007] shall be amended in accordance with regulations 3 to 8.

3

In regulation 2(1) (Interpretation), after the definition of “daily ration” there shall be inserted the following definitions—

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as amended by the Protocol signed at Brussels on 17th March 1993;
• “EEA State” means a State which is a Contracting Party to the EEA Agreement;

[^f00008].

4

For regulation 10 (Limits of variation) there shall be substituted the following regulation:

(10) For the purposes of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff, where the mis-statement relates to— (a) an analytical constituent specified in the first column of any of Parts A to D of Schedule 3; or (b) energy value of a feeding stuff specified in the first column of Part E of that Schedule, shall be as set out with respect to that constituent or feeding stuff in the corresponding entry in the second column of the relevant Part of that Schedule.

5

In regulation 15 (Control of feeding stuffs and ingredients containing undesirable substances)—

• (a) in paragraphs (3), (4) and (6), for the words “a member State of the European Community” in each place where they occur, there shall be substituted “an EEA State”;

• (b) in paragraph (11) for sub-paragraph (b) there shall be substituted the following sub-paragraph:

(b) hide treated with tanning substances and its waste;

• (c) for paragraph (12), there shall be substituted—

(12) For the purposes of paragraph (11), except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC[^f00009] on waste, as amended by Council Directive 91/156/EEC[^f00010], which is discarded or intended or required to be discarded.

6

In Schedule 4—

• (a) in Part II (“Permitted Colourants”)—

• (i) for the provisions in Columns 1 to 3 relating to the names or descriptions “Carotenoids and xanthophylls” and “Capsanthin” there shall be substituted the following provisions:

• (ii) for the provisions in Column 2 relating to item 3 there shall be substituted the following provisions:

• All colourants (other than Patent Blue V and Acid Brilliant Green BS) at present permitted for use in human food by European Community legislation, as implemented by Regulations made under the Food Safety (Northern Ireland) Order 1991[^f00011]

• (b) in Part VI (“Trace Elements”), for the provisions relating to the element Iodine-I there shall be substituted the contents of Schedule 1.

7

In Schedule 5 (“Prescribed Limits For Undesirable Substances”) in Part I Chapter B for the provisions relating to the substance Aflatoxin B₁ there shall be substituted the contents of Schedule 2.

8

In Schedule 7 (“Control of Certain Protein Sources”)—

• (a) after the provisions relating to item 1.1.1 (“Bacteria cultivated on methanol”) there shall be inserted the contents of Schedule 3; and

• (b) for the provisions in Column 5 relating to item 3.2.2 (“Concentrated liquid L-Lysine (base)”) there shall be substituted the following provisions:

• L-Lysine:
• min. 50%

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

Signed

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 27th June 1996.

L. G. McKibben — Assistant Secretary

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Feeding Stuffs Regulations (Northern Ireland) 1995 (“the principal Regulations”) and implement as respects Northern Ireland the following European Community Legislation:

Commission Directive 95/33/EC (O.J. No. L167, 18.7.95, p. 17) amending Council Directive 82/471/EEC concerning certain products used in animal nutrition;

Commission Decision 95/274/EC (O.J. No. L167, 18.7.95, p. 24) amending Commission Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feeding stuffs;

Commission Directive 96/6/EC (O.J. No. L49, 28.2.96, p. 29) amending Council Directive 74/63/EEC on undesirable substances and products in animal nutrition;

Commission Directive 96/7/EC (O.J. No. L51, 1.3.96, p. 45) amending Council Directive 70/524/EEC concerning additives in feeding stuffs.

The Regulations make the following principal changes—

• (a) regulation 5(a) — which modifies certain provisions in regulation 15 of the principal Regulations by providing that the requirements in those provisions currently regulating importation into Northern Ireland from countries other than member States of the European Community of feeding stuffs and ingredients containing certain substances shall apply instead to their importation from any country not a contracting party to the Agreement on the European Economic Area;

• (b) regulation 5(b) — which modifies the prohibition in regulation 15(11)(b) of the principal Regulations on the use of treated hide in compound feeding stuffs;

• (c) regulation 6(b) and Schedule 1 which amend the entry in Part VI of Schedule 4 to the principal Regulations relating to the additive Iodine;

• (d) regulation 7 and Schedule 2 which amend the entry in Chapter B of Part I of Schedule 5 to the principal Regulations relating to the substance Aflatoxin B₁;

• (e) regulation 8 and Schedule 3 which amend Schedule 7 to the principal Regulations by adding new provisions relating to Bacteria cultivated on natural gas and amending the entry relating to item 3.2.2-Concentrated liquid L-Lysine (base).

Footnotes

[^f00001]: S.I. 1972/1811

[^f00002]: As read together with section 2(5) of the European Economic Area Act 1993

[^f00003]: 1972 c. 68; section 2 is subject to Schedule 2 to the Act and is to be read with S.I. 1984/703 (N.I. 3) and S.R. 1984 No. 253

[^f00004]: The enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c. 51)

[^f00005]: Inserted by 1972 c. 68 section 4(1) and Schedule 4, paragraph (6)

[^f00006]: 1970 c. 40 as amended by S.I. 1982/980

[^f00007]: 1954 c. 33 (N.I.)

[^f00008]: S.R. 1995 No. 451

[^f00009]: The reference for the EEA Agreement is O.J. No. L1, 3.1.94, p. 1. The reference for the Protocol signed on 17th March 1993 is O.J. No. L1, 3.1.94, p. 571

[^f00010]: O.J. No. L194, 25.7.75, p. 39

[^f00011]: O.J. No. L78, 26.3.91, p. 32