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The Feeding Stuffs (Scotland) Regulations 2000

Type Scottish-Statutory-Instrument

Publication 2000-12-28

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 28th December 2000

Laid before the Scottish Parliament: 3rd January 2001

Coming into force: 31st January 2001

The Scottish Ministers, in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1), (3), (6) and (7), 70(1), 74(1), 74A, 77(4), 78(6) and 84 of the Agriculture Act 1970[^f00001] and, after consultation as required by section 84(1) of the said Act with the persons or organisations appearing to represent the interests concerned, and in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[^f00002], and of all other powers enabling them in that behalf hereby make the following Regulations:

Citation, commencement and extent

1

(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Regulations 2000 and shall come into force on 31st January 2001.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations–

“the Act” means the Agriculture Act 1970;

“additive” means a substance or preparation used in animal nutrition in order to– affect favourably the characteristics of feed materials, compound feeding stuffs or animal products; satisfy the nutritional needs of animals or improve animal production (in particular by affecting the gastro–intestinal flora or the digestibility of feeding stuffs); introduce into nutrition elements conducive to obtaining particular nutritional objectives or to meeting the nutritional needs of animals at a particular time; or prevent or reduce the harmful effects caused by animal excretions or improve the animal environment, but excludes everything excluded from coverage of the Additives Directive by Article 1.2 and 1.3 thereof;

“the Additives Directive” means Council Directive 70/524/EEC concerning additives in feeding stuffs[^f00003];

“the Agency” means the Food Standards Agency;

“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 Directive 71/250/EEC[^f00004];

“authorised”, in relation to any additive, or the name of any additive, save in the expressions “authorised intermediate product” and “authorised medicated premix”, and subject to paragraph (2) below, means authorised in or, as the case may be, under, the Additives Directive, and “authorisation” shall be construed accordingly;

“authorised intermediate product” and “authorised medicated premix” have the meanings given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998[^f00005];

“the Certain Products Directive” means Council Directive 82/471/EEC concerning certain products used in animal nutrition[^f00006];

“complementary feeding stuff”, subject to regulation 14(10)(a), 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”, subject to regulation 14(10)(a), means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;

“compound feeding stuff”, subject to regulation 14(10)(a), means a mixture of feeding stuffs;

“the Compound Feeding Stuffs Directive” means Council Directive 79/373/EEC on the marketing of compound feedingstuffs[^f00007];

“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;

“dossier” means a dossier compiled in accordance with the relevant provisions of the Dossiers Directive and which includes– an identification note (containing where applicable the information specified in Article 9o.1 of the Additives Directive); any monograph supplied pursuant to Article 9n.3 of the Additives Directive; and in the case of an additive to which Article 7a of the Additives Directive applies, the documents referred to in the indented paragraphs of the first paragraph of that Article;

“the Dossiers Directive” means Council Directive 87/153/EEC fixing guidelines for the assessment of additives in animal nutrition[^f00008];

“EC approved Article 2.2(d) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;

“EC approved Article 2.2(f) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer’s holding;

“EC permitted Article 2.2(d) establishment” means an establishment located in a member State (other than an EC approved Article 2.2(d) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if– a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998; and before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;

“EC permitted Article 2.2(f) establishment” means an establishment located in a member State (other than an EC approved Article 2.2(f) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if– a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998; and before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer’s holding;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993[^f00009];

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

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

“establishment” has the meaning given by Article 1.3(b) of the Establishments Directive;

“the Establishments Directive” means Council Directive 95/69/EC which laid down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and which amended 70/524/EEC, 74/63/EEC, 79/373/EEC and 82/471/EEC[^f00010];

“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 Directive 71/393/EEC[^f00011];

“feeding stuff”, subject to regulation 14(10)(a), has the meaning attributed to it by section 66(1) as modified by regulation 20(1)(a);

“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 the Medicated Feedingstuffs Directive, and in respect of which any indication is given that it is intended for a particular nutritional purpose;

“feed material”, subject to regulation 14(10)(b), means– any product of vegetable or animal origin, in its natural state, (whether fresh or preserved); any product derived from such a product by industrial processing; or any organic or inorganic substance, specified in Parts II or III of Schedule 2 (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;

materials, amending Directives 70/524/EEC, 74/63/EEC, 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC[^f00012];

“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 1 to Directive 73/46/EEC[^f00013];

“identification note” has the same meaning as in the Additives Directive;

“intermediary” has the meaning given by Article 1.3(c) of the Establishments Directive;

“mammalian meat and bone meal” has the meaning given in Article 4(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996[^f00014];

“the Medicated Feedingstuffs Directive” means Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community[^f00015];

“member State” means a member State other than the United Kingdom;

“MFS prescription” has the meaning given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998;

“micro–organism” has the meaning given by Article 2(aa) of the Additives Directive;

“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 Directive 71/393/EEC[^f00016];

“monograph” has the same meaning as in the Additives Directive;

“name”, in relation to any additive specified in any of Parts I to VIII of the Table to Schedule 3, means the name specified for that additive in that Table, and, in relation to any other additive means, its authorised name;

“national list” means the list of establishments published in London by the Agency, for the purposes of Article 6.1 of the Establishments Directive;

“oil” 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;

“particular nutritional purpose” 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 animal” has the same meaning as in the Additives Directive;

“pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;

“premixture” means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;

“protein”, except in paragraphs 12(2), 13, 28(2) and 29 of Part I of Schedule 4, and subject to paragraph (3) below, 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/EEC[^f00017];

“protein equivalent of biuret, diureidoisobutane, urea or urea phosphate” in relation to an amount of biuret, diureidoisobutane, urea and urea phosphate nitrogen, means that amount multiplied by 6.25;

“put into circulation” has the same meaning as in the Feed Materials Directive but, in regulation 14(3), (4) and (7), also means import into Scotland from a country which is neither an EEA State nor part of an EEA State;

“registered veterinarian” has the same meaning as in the Medicated Feedingstuffs Directive;

“starch” 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[^f00018];

“third country” means a country other than a member State or the United Kingdom;

“UK approved Article 2.2(d) establishment”, “UK approved Article 2.2(f) establishment”, “UK permitted Article 2.2(d) establishment” and “UK permitted Article 2.2(f) establishment” have, subject to regulation 14(5), the meanings respectively given to them by regulation 3 of the Feedingstuffs (Establishments and Intermediaries) Regulations 1999[^f00019], as read with regulation 2(4) of those Regulations;

“zootechnical additive” means an additive belonging to one or more of the groups of additives specified in Part I of Annex C to the Additives Directive;

“zootechnical feeding stuff” means a feeding stuff that contains a zootechnical additive or zootechnical premixture; and

“zootechnical premixture” means a premixture that contains a zootechnical additive.

(2) The additives appearing in the Section headed “Radionuclide Binders”, and as numbers 3 and 4 in the Section headed “Micro-organisms”, in the Annex to Commission Regulation (EC) No. 2785/98[^f00020], shall be deemed for the purposes of these Regulations to be “authorised” within the meaning of that term as defined in paragraph (1) above.

(3) For the purposes of paragraphs 12(1) and 28(1) of Part I of Schedule 4, “protein” has the meaning given to it by article 4(1) of the Bovine Spongiform Encephalopathy (No.2) Order 1996.

(4) In these Regulations, “botanical purity” shall be construed in accordance with paragraph 2 of Section II of Part A of the Annex to the Feed Materials Directive.

(5) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(6) Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.

(7) Any reference in these Regulations to a European Community Directive or Regulation shall be construed as a reference to that Directive or, as the case may be, Regulation, as amended as at the date these Regulations are made.

Prescribed material

3

(1) These Regulations apply to material of the following description, that is to say any material usable as a feeding stuff, and any material usable as a feed material, premixture or additive in such a feeding stuff.

(2) The description in paragraph (1) above is a prescribed description for the purposes of sections 68(1) and 69(1); and in these Regulations material so described is referred to as the “prescribed material”.

(3) In the application of section 68 with respect to the prescribed material, subsection (2) shall be disregarded.

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

4

The particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement or, as the case may be, otherwise declared, shall be as specified in, and shall comply with, the provisions of Schedule 4 (save in respect of additives and premixtures not contained in feeding stuffs) and Schedule 5 (in respect of additives and premixtures not contained in feeding stuffs).

Forms of statutory statement

5

(1) Subject to the provisions relating to small quantities of feeding stuffs in the second paragraph of Article 16.6 of the Additives Directive, and Article 5 of the Compound Feeding Stuffs Directive, and paragraph (2) below, the statutory statement–

(a) in the case of any prescribed material delivered in a package or other container, shall–

(i) take the form of a label attached to that package or container; or

(ii) be clearly marked directly thereon; and

(b) in the case of such material delivered in bulk, shall take the form of a document relating to and accompanying each consignment.

(2) In the case of any feed material sold in a quantity not exceeding 10 kg, and supplied directly to the final user thereof, the statutory statement may be provided in the form of a notice in writing.

(3) The particulars, information and instructions required or permitted to be contained in the statutory statement shall–

(a) be clearly separate from any other information;

(b) subject to paragraphs (5) and (6) below, be in English; and

(4) For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) or, where applicable, (2), above, and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.

(5) In the case of any compound feeding stuff or feed material which is intended for export to a member State, the statutory statement shall be in one or more official Community languages, as determined by that member State.

(6) In the case of any feeding stuff, not being a zootechnical feeding stuff, which is intended for export to an EEA State which is not a member State, the statutory statement shall comply with the requirements of Article 18 of the Additives Directive as if the EEA State were a member State.

Register of marks

6

(1) As respects any feed material, the matters required by section 69(1) to be marked on that material may be denoted by a mark, the meaning of which can be ascertained by reference to a register kept in accordance with this regulation.

(2) In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a purchaser–

(a) there shall be an indication in a document, label or notice, which is readily apparent and unequivocally associated with the material, of the type of feeding stuff, and of the name or trade name, and of the address or registered office, of the manufacturer; and

(b) the other matters required by section 69(1) to be marked on the material may be denoted by a mark, the meaning of which can be ascertained by reference to a register kept in accordance with this regulation.

(3) The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) above shall include the name and address of the purchaser, the date of the order and the amount ordered.

(4) The register shall be kept as a separate record in book form, marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that, if the material is not in the premises of the person who has the material for sale, the register shall be kept on those premises.

(5) The period for which the register is to be preserved in accordance with section 69(7) shall be six months, commencing on the first day on which none of the materials referred to in the register remains on the premises, for sale as aforesaid.

(6) The register shall be kept by the seller concerned.

Limits of variation

7

(1) In the application of section 74 with respect to the prescribed material, the limits of variation mentioned in subsection (1) shall, in relation to any mis–statement in a statutory statement, document or mark, as to the nature, substance or quality of a feeding stuff or, as the case may be, feed material, where the mis–statement relates to–

(a) any analytical constituent specified in the first column of–

(i) Part A of Schedule 6 (where the feeding stuff is a compound feeding stuff not intended for pets);

(ii) Part B of Schedule 6 (where the feeding stuff is a compound pet food); or

(iii) Part C of Schedule 6 (in the case of a feed material);

(b) any vitamin or trace element specified in the first column of Part D of that Schedule, or

be as set out with respect to that constituent or, as the case may be, vitamin, trace element or feeding stuff, in the corresponding entry in the second column of the relevant Part of that Schedule.

(2) Particulars with respect to any material which are contained in a statutory statement, or in any document, or which are marked on, or denoted by a mark on, the material, shall not, for the purposes of Part IV of the Act or of these Regulations, be treated as false by reason of any mis statement therein as to the nature, substance or quality of the material, if–

(a) the material was first sold, or otherwise put into circulation, in a member State;

(b) the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in that member State; and

Assigned meanings

8

In the application of section 70 with respect to the prescribed material, there shall be assigned to the expressions “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” in each case the meaning given by regulation 2(1) to the expression concerned.

Manner of packaging and sealing compound feeding stuffs, additives and premixtures

9

(1) Subject to paragraphs (2) and (3) below, no person shall sell a compound feeding stuff, or any additive or premixture, unless it is in a bag or container, and that bag or container is sealed in such a way that, when the bag or container is opened, the seal is damaged and cannot be re-used.

(2) Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers, in the case of–

(a) deliveries between producers or sellers of compound feeding stuffs;

(b) deliveries from producers of compound feeding stuffs to packaging enterprises;

(d) blocks or licks;

(e) small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision in paragraph (1) above.

(3) Compound feeding stuffs may be sold in bulk, in unsealed containers, but not in unsealed bags, in the case of–

(a) direct deliveries from the producer to the final user;

(b) molassed feeding stuffs consisting of less than three feed materials;

Control of feed materials

10

(1) No person shall put into circulation any feed material of a description specified in column (3) of Part II of Schedule 2, under a name other than that specified in the corresponding entry in column (2) of that Part.

(2) No person shall put into circulation any feed material of a description specified in column (1) of Part III of Schedule 2, except under a name or description, or a name and description (other than one specified in that column or in column (2) of Part II of that Schedule) sufficiently specific to indicate the nature of the material.

(3) No person shall–

(a) put into circulation any feed material of a description specified in column (3) of Part II of Schedule 2, and which has a name specified in the corresponding entry in column (2) of that Part which includes a common name or term specified in column (4) of Part I of that Schedule; or

(b) sell, or have in possession with a view to sale, any compound feeding stuff containing any such feed material,

unless, in either case, the feed material was prepared by the process specified, in relation to the common name or term, in column (2), and described in column (3), of Part I of that Schedule.

(4) No person shall put into circulation any feed material, or sell, or have in possession with a view to sale, any compound feeding stuff containing any feed material, unless–

(a) in the case of any feed material of a description specified in column (3) of Part II of Schedule 2–

(i) the botanical purity by weight of the feed material is not less than the percentage (if any) specified in relation to it in column (3) of Part II of that Schedule or, if none is specified, is not less than 95%; and

(ii) the feed material complies with the requirements of paragraph 1 of Section II of Part A of the Annex to the Feed Materials Directive; and

(b) in the case of any feed material of a description specified in column (1) of Part III of that Schedule–

(i) the botanical purity by weight of the feed material is not less than 95%; and

(ii) the feed material complies with the requirements of paragraph 1 of Section II as aforesaid.

(5) No person shall use any feed material to bind another feed material, if the quantity of the feed material so used exceeds 3% of the total weight of the feed material bound.

(6) Without prejudice to sections 73 and 73A, no person shall import into Scotland from any country which is neither a member State nor another part of the United Kingdom, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, unless it is wholesome, and is not deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.

(7) No person shall put into circulation any feed material in a manner likely to mislead.

(8) In paragraph 4(a) above “description” shall be taken to exclude any botanical purity requirement.

Applications for Community authorisation of additives and of new uses for additives

11

(1) Any person resident, or having a place of business in Scotland who wishes the United Kingdom to act as the rapporteur in connection with–

(a) an application for the Community authorisation of an additive which is not a zootechnical additive; or

(b) an application for the Community authorisation of a new use of an already authorised additive which is not a zootechnical additive,

may submit to the Agency an application for the Community authorisation of the additive or the new use of the additive, as the case may be, and a dossier relating to the additive, or the new use, as the case may be.

(2) Where documentation is submitted to the Agency pursuant to paragraph (1) above, it shall–

(a) forward it to the Commission; and

(b) forward a copy of it to each member State,

in accordance with Article 4.3 of the Additives Directive, if it is satisfied as specified in paragraph (3) below.

(3) The Agency is satisfied in accordance with this paragraph if it is satisfied that–

(a) the dossier submitted pursuant to paragraph (1) above has been compiled in accordance with the applicable provisions of the Dossiers Directive; and

(b) the additive to which the dossier relates, or the new use to which it relates, as the case may be, appears to meet the conditions laid down in Article 3a of the Additives Directive.

(4) If, in relation to a dossier submitted pursuant to paragraph (1) above, the Agency is not satisfied about both of the matters specified in paragraph (3) above, it shall reject the documentation, or postpone taking the action specified in paragraph (2) above in relation to the documentation, until such time as it is satisfied about both of those matters.

(5) Where the Agency rejects documentation submitted to it pursuant to paragraph (1) above, or postpones taking the action specified in paragraph (2) above in relation to it, it shall inform the Commission, the applicant and each member State of the rejection or postponement, and shall notify them of the reasons for the rejection or postponement.

(6) If requested to do so by the Commission, the Agency shall forward a copy of all or part of a dossier relating to any additive for which an application has been submitted to it pursuant to paragraph (1) above, to each member of the Scientific Committee for Animal Nutrition.

Confidential information relating to additives

12

(1) Subject to paragraphs (2) and (3) below, no person shall publish or disclose any confidential information obtained by that person in the performance of functions under regulation 11, without the previous consent in writing of the person who, in accordance with that regulation, has made an application for Community authorisation of, or, as the case may be, for a new use of, the additive concerned.

(2) Nothing in paragraph (1) above shall restrict the publication or disclosure of such information for the purpose of the exercise of functions under regulation 11.

(3) Nothing in paragraph (1) above shall prevent the publication or disclosure of confidential information of a type specified in Article 7.2 of the Additives Directive.

(4) In this regulation, “confidential information” means information of the type specified in Article 7.1 of the Additives Directive.

(5) A publication or disclosure in contravention of paragraph (1) above shall be punishable as if it were a disclosure prohibited by section 83.

Control of additives in feeding stuffs

13

(1) No person shall use an additive for the purpose of animal nutrition unless any incorporation thereof in a feeding stuff accords with paragraph (2) to (4) below.

(2) Subject to regulation 23 and paragraph (8) below, no person shall carry out a relevant activity in relation to an additive, unless–

(a) where the additive is not contained in a feeding stuff–

(i) the additive is–

(aa) permitted to be contained in material intended for use as a feeding stuff pursuant to paragraph 5(1) of Schedule 3; or

(bb) specified in any of Parts I to VIII of the Table to Schedule 3[^f00021]; or

(ii) the relevant activity relates to an additive authorised under any European Community Regulation specified in Part IX of that Table;

(b) where the additive is contained in a feeding stuff, it is covered by sub-paragraph (a) above and, where applicable, the feeding stuff or, as the case may be, the relevant activity, complies with the relevant requirements specified in Schedule 3 or, as the case may be, with the relevant conditions required to be observed for compliance with the European Community Regulation concerned.

(3) In paragraph (2) above, “relevant activity”, in relation to an additive, means any one or more of the following:–

(a) the putting into circulation for use as a feeding stuff of any material containing the additive;

(b) the use as a feeding stuff of any material containing the additive;

(d) the incorporation of the additive in a feeding stuff.

(4) Without prejudice to paragraph (2) above, no person shall incorporate any additive into a feed material, unless–

(a) (where the additive is listed in any of Parts I to VIII of the Table to Schedule 3) the expression “all feeding stuffs” appears, opposite to that additive, whether or not accompanied by qualifying words, in the column headed “Conditions” in the Part concerned;

(b) (where the additive is otherwise authorised) it is indicated in the European Community Regulation concerned that such incorporation is permitted; or

(5) Paragraphs (1) to (4) above shall not apply to any added substance which is–

(a) for use in accordance with an MFS prescription issued by a registered veterinarian, pursuant to regulation 29 of the Medicated Feedingstuffs Regulations 1998[^f00022];

(b) an authorised medicated premix;

(d) a zootechnical additive.

(6) Subject to paragraph (8) below, no person shall put into circulation, for use as a feeding stuff, any complementary feeding stuff which, when diluted as specified by the manufacturer for feeding to animals, contains any additive specified in any of Parts I to VIII of the Table to Schedule 3, or which is authorised by any European Community Regulation specified in Part IX of that Table, at a level exceeding that specified for that additive in the Part concerned or, as the case may be, in the European Community Regulation, in relation to complete feeding stuffs.

(7) No person shall–

(a) mix in a premixture or feeding stuff, with an additive which is not a zootechnical additive, another additive which is not a zootechnical additive, unless such mixing is in accordance with Article 9q2 of the Additives Directive; or

(b) mix a micro-organism with a zootechnical additive, unless such mixture is permitted as specified in Article 9q4 of the Additives Directive.

(8) Paragraph (2) above, in so far as it regulates “putting into circulation”, and paragraph (6) above, shall not apply in relation to any additive which is excluded from the application of the Additives Directive by Article 22 thereof.

(9) No person shall use as a feeding stuff any material containing an additive (not being one permitted to be contained in material pursuant to paragraph 5(1) of, or referred to in any of Parts I to VIII of, the Table to Schedule 3, or which is otherwise authorised) which is deleterious to farmed creatures, to pet animals, to human beings or to the environment.

Control of feeding stuffs and feed materials containing undesirable substances

14

(1) No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material specified in column 2 of Part I of Schedule 7, which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

(2) No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any complementary feeding stuff if–

(a) when it is diluted as specified by the manufacturer for feeding to animals, it contains any substance specified in column 1 of Part I of Schedule 7, in excess of the level specified for that substance in column 3 of that Part in relation to complete feeding stuffs; and

(b) there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part.

(3) No person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 7, which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

(4) Without prejudice to paragraph (3) above, and subject to paragraph (5) below, no person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 7, or in column 2 of Chapter B of that Part, which contains any substance specified in relation to the material in question in the corresponding entry in column 1 of the Chapter in question, in excess of the level specified in column 3 of Part I of that Schedule in relation to the corresponding feed material unless–

(a) the feed material put into circulation–

(i) is intended for use only on–

(aa) a UK approved or permitted Article 2.2(d) establishment;

(bb) a UK approved or permitted Article 2.2(f) establishment;

(cc) an EC approved or permitted Article 2.2(d) establishment; or

(dd) an EC approved or permitted Article 2.2(f) establishment; and

(ii) is accompanied by a document stating–

(aa) that it is intended for use by such establishments,

(bb) that it may not be fed unprocessed to livestock, and

(cc) the amount of the specified substance contained in the material; or

(b) the feed material is intended for supply by way of export to a third country.

(5) For the purposes of paragraph (4) above, no UK or EC establishment shall be considered an approved establishment unless–

(a) in the case of a UK establishment, it is included in the most recently published national list (if any);

(b) in the case of an EC establishment, it is included in the most recently published list (if any) equivalent in the member State concerned to the national list.

(6) No person shall mix with any feeding stuff or feed material, any feed material specified in column 2 of Chapter A of Part II of Schedule 7, if the feed material so specified contains any substance specified in the corresponding entry in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.

(7) No person shall put into circulation any feed material unless it is–

(a) sound and genuine; and

(b) of merchantable quality.

(8) For the purposes of paragraph (7) above, and without prejudice to the provisions of paragraph (3) above, a feed material is not sound, genuine and of merchantable quality if (were it to be incorporated into any compound feeding stuff specified in column 2 of Part I of Schedule 7) the level of any substance specified in column 1 of that Part, and contained in the feed material, would exceed the level specified for that substance in column 3 of that Part in relation to the compound feeding stuff in question.

(9) Where a person has or has had in the possession or control of that person, for the purposes of a trade or business, any feeding stuff or feed material and becomes aware–

(a) in the case of a feeding stuff, that it does not comply with any requirement of paragraphs (1) or (2) above; or

(b) in the case of a feed material, that it does not comply with any requirement of paragraphs (3), (4), (7) or (8) above,

that person shall immediately notify the Agency, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(2), has the duty to enforce Part IV of the Act in relation to the feeding stuff or feed material in question.

(10) For the purposes of the foregoing provisions of this regulation–

(a) “feeding stuff” means–

(i) a product of vegetable or animal origin in its natural state (whether fresh or preserved);

(ii) a product derived from the industrial processing of such a product; or

(iii) an organic or inorganic substance, used singly or in a mixture,

whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild, and “complementary feeding stuff”, “complete feeding stuff” and “compound feeding stuff” shall be construed accordingly; and

(b) “feed material” means a product or substance within the definition of “feed materials” in Article 2(b) of Council Directive 1999/29/EC on undesirable substances and products in animal nutrition[^f00023].

Control of compound feeding stuffs containing prohibited materials

15

(1) No person shall sell, or have in possession with a view to sale, for use as a compound feeding stuff, or use as a compound feeding stuff, any material which contains–

(a) faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;

(b) hide treated with tanning substances, including its waste;

(c) seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;

(d) wood, sawdust or other materials derived from wood treated with wood protection products;

(e) sludge from sewage plants treating waste waters;

(f) solid urban waste, such as household waste;

(g) untreated waste from eating places, except food stuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness; or

(h) packaging and parts of packaging from products used in agriculture or the food industry.

(2) For the purposes of paragraph (1) above, except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC[^f00024] on waste, which is discarded or intended or required to be discarded.

Control of certain protein sources

16

(1) Subject to paragraphs (3) and (4) below, no person shall sell, or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 8, unless that material–

(a) is named as a permitted product in column 2 of that Schedule; and

(b) complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 6 of that Schedule.

(2) Subject to paragraph (3) below, no person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the “Candida” variety cultivated on n–alkanes.

(3) Paragraphs (1) and (2) above shall not apply in relation to any material or product excluded from application of the Certain Products Directive by Article 16 thereof.

(4) Paragraph (1) above shall not apply in the circumstances authorised for derogation by Article 3.2 of the Certain Products Directive.

Control of the iron content of milk replacer feeds

17

No person shall sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.

Control of ash insoluble in hydrochloric acid in compound feeding stuffs

18

(1) No person shall sell, or have in possession with a view to sale–

(a) any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter; or

(b) subject to paragraph (2) below, any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.

(2) Paragraph (1)(b) above shall not apply to the sale of any compound feeding stuff which–

(a) contains permitted mineral binders named or described in Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group “binders, anti–caking agents and coagulants” in feedingstuffs[^f00025];

(b) is a mineral feeding stuff;

(d) is intended for farmed fish and has a fish meal content of more than 15%,

if the level of ash insoluble in hydrochloric acid is declared in the statutory statement as a percentage of the feeding stuff as such.

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

19

(1) No person shall sell, or have in possession with a view to sale, any feeding stuff intended for a particular nutritional purpose unless–

(a) the particular nutritional purpose in question is specified in column 1 of Chapter A of Schedule 9;

(b) the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;

(c) the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;

(d) it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;

(e) in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 9 are complied with; and

(f) the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.

(2) Schedule 10 shall have effect as specified in Schedule 4.

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

20

(1) In the application of section 66 with respect to the prescribed material–

(a) in subsection (1)–

(i) for the definition of “feeding stuff” there shall be substituted the following definition–

“feeding stuff” means– a product of vegetable or animal origin in its natural state (whether fresh or preserved); a product derived from the industrial processing of such a product; or an organic or inorganic substance, used singly or in a mixture, whether or not containing additives for oral feeding to pet animals or farmed creatures;

(ii) for the definition of “pet animal” there shall be substituted the following definition–

“pet animal” has the same meaning as in Council Directive 70/524/EEC concerning additives in feeding stuffs as amended;

; and

(iii) before the definition of “prescribed” there shall be inserted the following definition–

“premixture” means a mixture of additives, or a mixture of additives with substances used as carriers, intended for the manufacture of feeding stuffs;

; and

(b) in subsection (2), for paragraph (b)[^f00026] there shall be substituted–

(b) material shall be treated– (i) as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold, to be used by itself, or as an ingredient, additive or premixture in something which is to be so used; and (ii) as used as a feeding stuff whether it is so used by itself, or as an ingredient, additive or premixture in something which is to be so used.

(2) In their application with respect to the prescribed material, in each of sections 73(1) and 73A(1), for the words “animals of any description prescribed for the purpose of the definition of “feeding stuff” in section 66(1) of this Act” there shall be substituted the words “any farmed creatures”.

(3) In the application of section 85 with respect to the prescribed material–

(a) paragraph (a) shall be disregarded in relation to delivery outside the United Kingdom; and

(b) paragraph (b) shall be disregarded.

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

21

In the application of section 69(1) with respect to the prescribed material, the words “and in either case before it is removed from the premises,” shall be disregarded in relation to feeding stuffs which have been imported.

Exemption from these Regulations

22

Insofar as provisions of these Regulations implement the Compound Feeding Stuffs Directive, they shall not apply in the circumstances specified in Article 14(c) of that Directive.

Further exemption from these Regulations

23

The provisions of regulation 13(2) (in so far as they regulate the putting into circulation of additives and material containing additives), and the provisions of regulation 13(7)(a), shall not apply in the circumstances specified in Article 9q5 of the Additives Directive.

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

24

Insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it was made under those provisions of Part IV of the Act under which the other provisions of these Regulations are made, and the provisions of that Part of the Act shall apply accordingly.

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

25

(1) For the purposes 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 (Scotland) Regulations 2000”.

(2) The provisions specified for the purposes of paragraph (1) above are regulations 10(1), (2), (3)(a), (4) (in relation to putting into circulation), (6) and (7), 13(3)(a), (c) and (d), (4), (6) and (7) and 14(3), (4), (6), (7) and (9).

Revocations

26

Except insofar as they made modifications to the Act, the Feeding Stuffs Regulations 1995[^f00027], the Feeding Stuffs (Amendment) Regulations 1996[^f00028], the Feeding Stuffs (Amendment) Regulations 1998[^f00029], the Feeding Stuffs (Amendment) (No. 2) Regulations 1998[^f00030] and the Feeding Stuffs (Amendment) Regulations 1999[^f00031] are hereby revoked.

Modification of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

27

In the Feeding Stuffs (Sampling and Analysis) Regulations 1999[^f00032]–

(a) paragraph 5(1) of Part II of Schedule 1 shall have effect as if the words “section 76(1)(b) of the Act” read “section 76(7) of the Act, as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999”[^f00033];

(b) the references in paragraph 3(e)(ii) of Part I of Schedule 2, and paragraph 11(a) of Part II of Schedule 3, to “the Feeding Stuffs Regulations 1995”, shall have effect as if they read “the Feeding Stuffs (Scotland) Regulations 2000”; and

(c) the second entry for Starch (polarimetric method), in Annex I of Part II to Schedule 2, shall have effect as if, for the provisions relating to that entry in columns 2 and 3, there were substituted the following provisions:–

Point 1 of Annex 1 to Directive 72/199/EEC (as replaced entirely by the Annex to Directive 1999/79/EC)(4)	O.J. No. L123, 29.5.72, p.6. (O.J./S.E. 1966-1972 supplement p.74). O.J. No. L209, 7.8.1999, p.23.

Modification of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999

28

(1) The provisions of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 specified in paragraph (2) below shall have effect as if, after the words “the Feeding Stuffs (Sampling and Analysis) Regulations 1999”, wherever they occur, there were added the words “, as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999[^f00034] and as modified by the Feeding Stuffs (Scotland) Regulations 2000,”.

(2) The provisions referred to in paragraph (1) above are regulations 98(8) and (9), 99 and 106(1).

Modification of the Feeding Stuffs (Enforcement) Regulations 1999

29

In the Feeding Stuffs (Enforcement) Regulations 1999–

(a) in regulation 7(2) and (4), the references to “the Feeding Stuffs Regulations 1995”, shall have effect as if they read “the Feeding Stuffs (Scotland) Regulations 2000”;

(b) in regulation 8, the reference to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall have effect as if it were a reference to those Regulations as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by these Regulations;

(c) section 67 shall have effect for the purpose specified in regulation 7(2) of the Feeding Stuffs (Enforcement) Regulations 1999 as if for subsection (8) there were substituted the following subsection (instead of the subsection substituted by regulation 9 of those Regulations):–

(8) If the Scottish Ministers are of the opinion that, in the area of an enforcement authority, the Feeding Stuffs (Scotland) Regulations 2000 or section 73 or 73A of this Act have been– (a) insufficiently enforced or administered by the authority, or (b) enforced or administered by it without sufficient regard to the requirements of Council Directive 95/53/EC[^f00035] fixing the principles governing the organisation of official inspections in the field of animal nutrition, as amended by Council Directive 1999/20/EC[^f00036], they may appoint one or more inspectors to exercise the powers exercisable by inspectors appointed by the authority, and any expenses certified by an inspector appointed by the Scottish Ministers as having been reasonably incurred by that inspector under this subsection shall be repaid on demand by that authority.

; and

(d) regulation 10 shall, in so far as it modifies section 76, be read as if, in that section as so modified–

(i) in subsections (8), (9) and (10), the references to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 were references to those Regulations as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, and as modified by these Regulations; and

(ii) for the references in subsection 17 to the Feeding Stuffs Regulations 1995 there were substituted references to these Regulations.

SCHEDULE 1 — METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDS

Interpretation

1

(1) In this Schedule the definitions listed in sub-paragraph (2) apply.

(2) The following definitions are those referred to in sub-paragraph (1)–

“Protein” is determined by the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EC[^f00037]. For pig feed the results must be corrected to 100% dry matter;

“Oil” is determined by 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[^f00038]. In ruminant and pig feeds the result must be corrected to 100% dry matter;

“Starch” is determined by the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EC[^f00039];

“Sugar (expressed as sucrose)” is determined by the method of analysis for sugar specified in Point 12 of the Annex to Directive 71/250/EEC[^f00040];

“Neutral detergent Cellulase plus Gamanase Digestibility” is determined by the method detailed in the booklet “Prediction of Energy Values of Compound Feeding Stuffs for Farm Animals” (published by the Ministry of Agriculture, Fisheries and Food Publications, London SE99 7JT);

“Ash” is determined by the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC[^f00041]. The result must be corrected to 100% dry matter;

“Moisture” is determined by the method of analysis for moisture specified in Part I of the Annex to Directive 71/393/EEC[^f00042];

“Fibre” is determined by the method of analysis for fibre specified in Point 3 of Annex 1 to Directive 73/46/EEC[^f00043];

Method of calculating the energy value of compound feeds

2

The energy value of compound poultry, ruminant and pig feeds and feeding stuffs intended for particular nutritional purposes for cats and dogs shall be calculated in accordance with the relevant formulae set out below, on the basis of the percentages of certain analytical components of the feed. After application of these formulae, the results shall be given to one decimal place.

Poultry feeds: megajoules (MJ) of metabolisable energy (ME), nitrogen corrected, per kilogram of compound feed.

MJ of ME/kg of feed = 0.1551 × % protein + 0.3431 × % oil + 0.1669 × % starch + 0.1301 × % total sugar (expressed as sucrose).

Ruminant feeds: megajoules (MJ) of metabolisable energy (ME) per kilogram of dry matter in the compound feed.

MJ of ME/kg of dry matter = 0.14 × % Neutral detergent Cellulase plus Gamanase Digestibility + 0.25 × % oil.

Pig feeds: megajoules (MJ) of digestible energy (DE) per kilogram of dry matter in the compound feed.

MJ of DE/kg of dry matter = 17.47 + 0.079 × % protein + 0.158 × % oil – 0.331 × % ash – 0.140 Neutral Detergent plus Amylase Fibre.

Feeding stuffs intended for particular nutritional purposes for cats and dogs: megajoules (MJ) of metabolisable energy (ME) per kilogram of compound dog or cat food. cat and dog foods with the exception of cat foods having a moisture content exceeding 14%: MJ of ME/kg of food = 0.1464 × protein + 0.3556 × % oils and fats + 0.1464 × % nitrogen – free extract; cat foods having a moisture content exceeding 14%: MJ of ME/kg of cat food = (0.1632 × % protein + 0.3222 × % oils and fats − + 0.1255 × % nitrogen – free extract) – 0.2092; where in either case the percentage of nitrogen – free extract is calculated by subtracting from 100 the total of the percentages of moisture, ash, protein, oils and fats and fibre.

Where the results of analysis are to be given on a dry matter basis, this may be achieved by analysing either the dried material, or fresh material and correcting for the moisture content.

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

	Process	Definition	Common name or term
(1)	(2)	(3)	(4)
1	Concentration[^f00044]	Increase in certain contents by removing water or other constituents	Concentrate
2	Decortication[^f00045]	Complete or partial removal of outer layers from grains, seeds, fruits, nuts and others	Decorticated, partially decorticated
3	Drying	Dehydration by artificial or natural processes	Dried (sun or artificially)
4	Extraction	Removal either by organic solvent of fat or oil from certain materials or by aqueous solvent of sugar or other water-soluble components. In the case of the use of organic solvent, the resulting product must be technically free of such solvent	Extracted (in the case of oil containing materials), molasses, pulp (in the case of products containing sugar or other water soluble components)
5	Extrusion	Pressing of material through an orifice under pressure. (See also pregelatinisation)	Extruded
6	Flaking	Rolling of moist heat-treated material	Flakes
7	Flour milling	Physical processing of grain to reduce particle size and facilitate separation into constituent fractions (principally flour, bran and middlings)	Flour, bran, middlings[^f00046], feed
8	Heating	General term covering a number of heat treatments carried out under specific conditions to influence the nutritional value or the structure of the material	Toasted, cooked, heat treated
9	Hydrogenation	Transformation of unsaturated glycerides into saturated glycerides (of oils and fats)	Hardened, partially hardened
10	Hydrolysis	Breakdown into simpler chemical constituents by appropriate treatment with water and possibly either enzymes or acid/alkali	Hydrolysed
11	Pressing[^f00047]	Removal by mechanical extraction (by a screw or other type of press), with or without a slight heating, of fat/oil from oil-rich materials or of juice from fruits or other vegetable products	Expeller[^f00048] (in case of oil containing materials)Pulp, pomace (in case of fruits, etc.) Pressed pulp (in case of sugar-beet)
12	Pelleting	Special shaping by compression through a die	Pellet, pelleted
13	Pre-gelatinisation	Modification of starch to improve markedly its swelling properties in cold water	Pre-gelatinised[^f00049], puffed
14	Refining	Complete or partial removal of impurities in sugars, oils, fats and other natural materials by chemical/physical treatment	Refined, partially refined
15	Wet-milling	Mechanical separation of the component parts of kernel/grain, sometimes after steeping in water, with or without sulphur dioxide, for the extraction of starch	Germ, gluten, starch
16	Crushing	Mechanical processing of grain or other feed materials to reduce their size	Crushed, crushing
17	Desugaring	Complete or partial removal of mono- and disaccharides from molasses and other material containing sugar by chemical or physical means	Desugared, partially desugared

PART II — NON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALS

INTRODUCTORY NOTES

Feed materials are listed and named in this Part according to the following criteria:

the origin of the product/by-product used, for example vegetable, animal, mineral,

the part of the product/by-product used, for example whole, seeds, tubers, bones,

the processing to which the product/by-product has been subjected, for example decortication, extraction, heating and/or the resulting product/by-product, for example flakes, bran, pulp, fat,

the maturity of the product/by-product and/or the quality of the product/by-product, for example “low in glucosinolate”, “rich in fat”, “low in sugar”.

1

CEREAL GRAINS, THEIR PRODUCTS AND BY-PRODUCTS

Number	Name	Description	Compulsory declarations
(1)	(2)	(3)	(4)
1.01	Oats	Grains of Avena sativa L. and other cultivars of oats.
1.02	Oat flakes	Product obtained by steaming and rolling dehusked oats. It may contain a small proportion of oat husks.	Starch
1.03	Oat middlings	By-product obtained during the processing of screened, dehusked oats into oat groats and flour. It consists principally of oat bran and some endosperm.	Fibre
1.04	Oat hulls and bran	By-product obtained during the processing of screened oats into oat groats. It consists principally of oat hulls and bran.	Fibre
1.05	Barley	Grains of Hordeum vulgare L.
1.06	Barley middlings	By-product obtained during the processing of screened, dehusked barley into pearl barley, semolina or flour.	Fibre
1.07	Barley protein	Dried by-product of starch production from barley. It consists principally of protein obtained from starch separation.	ProteinStarch
1.08	Rice, broken	By-product of preparation of polished or glazed rice Oryza sativa L. It consists principally of undersized and/or broken grains.	Starch
1.09	Rice bran (brown)	By-product of the first polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.	Fibre
1.10	Rice bran (white)	By-product of the polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ.	Fibre
1.11	Rice bran with calcium carbonate	By-product of the polishing of dehusked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm and germ; it contains varying amounts of calcium carbonate resulting from the polishing process.	FibreCalcium carbonate
1.12	Fodder meal of parboiled rice	By-product of the polishing of dehusked pre-cooked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm, germ; it contains varying amounts of calcium carbonate resulting from the polishing process.	FibreCalcium carbonate
1.13	Ground fodder rice	Product obtained by grinding fodder rice, consisting either of green, chalky or unripe grains, sifted out during the milling of husked rice, or of normal dehusked grains which are yellow or spotted.	Starch
1.14	Rice germ expeller	By-product of oil manufacture, obtained by pressing of the germ of rice to which parts of the endosperm and testa still adhere.	ProteinFatFibre
1.15	Rice germ, extracted	By-product of oil manufacture obtained by extraction of the germ of rice to which parts of the endosperm and testa still adhere.	Protein
1.16	Rice starch	Technically pure rice starch.	Starch
1.17	Millet	Grains of Panicum miliaceum L.
1.18	Rye	Grains of Secale cereale L.
1.19	Rye middlings[^f00050]	By-product of flour manufacture, obtained from screened rye. It consists principally of particles of endosperm, with fine fragments of the outer skins and some grain waste.	Starch
1.20	Rye feed	By-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which less of the endosperm has been removed than in rye bran.	Starch
1.21	Rye bran	By-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which most of the endosperm has been removed.	Fibre
1.22	Sorghum	Grains of Sorghum bicolor (L.) Moench s.l.
1.23	Wheat	Grains of Triticum aestivum (L.), Triticum durum Desf. and other cultivars of wheat
1.24	Wheat middlings[^f00051]	By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of particles of endosperm with fine fragments of the outer skins and some grain waste.	Starch
1.25	Wheat feed	By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in wheat bran.	Fibre
1.26	Wheat Bran[^f00052]	By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which the greater part of the endosperm has been removed.	Fibre
1.27	Wheat germ	By-product of flour milling consisting essentially of wheat germ, rolled or otherwise, to which fragments of endosperm and outer skin may still adhere.	ProteinFat
1.28	Wheat gluten	Dried by-product of the manufacture of wheat starch. It consists principally of gluten obtained during the separation of starch.	Protein
1.29	Wheat gluten feed	By-product of the manufacture of wheat starch and gluten. It is composed of bran, from which the germ has been partially removed or not, and gluten, to which very small amounts of the components of the screening of the grain as well as very small amounts of residues of the starch hydrolysis process may be added.	Protein Starch
1.30	Wheat starch	Technically pure starch obtained from wheat.	Starch
1.31	Pre-gelatinised wheat starch	Product consisting of wheat starch largely expanded by heat treatment.	Starch
1.32	Spelt	Grains of spelt Triticum spelta L., Triticum dioccum Schrank, Triticum monococcum.
1.33	Triticale	Grains of Triticum X secale hybrid.
1.34	Maize	Grains of Zea mays L.
1.35	Maize middlings[^f00053]	By-product of the manufacture of flour or semolina from maize. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in maize bran.	Fibre
1.36	Maize bran	By-product of the manufacture of flour or semolina from maize. It consists principally of outer skins and some maize germ fragments, with some endosperm particles.	Fibre
1.37	Maize germ expeller	By-product of oil manufacture, obtained by pressing of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.	Protein Fat
1.38	Maize germ, extracted	By-product of oil manufacture, obtained by extraction of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere.	Protein
1.39	Maize gluten feed[^f00054]	By-product of the wet manufacture of maize starch. It is composed of bran and gluten, to which the broken maize obtained from screening at an amount no greater than 15% of the product and/or the residues of the steeping liquor used for the production of alcohol or other starch-derived products, may be added. The product may also include residues from the oil extraction of maize germs obtained also by a wet process.	Protein Starch Fat, if > 4.5%
1.40	Maize gluten	Dried by-product of the manufacture of maize starch. It consists principally of gluten obtained during the separation of the starch.	Protein
1.41	Maize starch	Technically pure starch obtained from maize.	Starch
1.42	Pre-gelatinised maize starch[^f00055]	Product consisting of maize starch largely expanded by heat treatment.	Starch
1.43	Malt culms	By-product of malting, consisting mainly of dried rootlets of germinated cereals.	Protein
1.44	Brewers' dried grains	By-product of brewing obtained by drying residues of malted and unmalted cereals and other starchy products.	Protein
1.45	Distillers' dried grains[^f00056]	By-product of alcohol distilling obtained by drying solid residues of fermented grain.	Protein
1.46	Distillers' dark grains[^f00057]	By-product of alcohol distilling obtained by drying solid residues of fermented grain to which pot ale syrup or evaporated spent wash has been added.	Protein

2

OIL SEEDS, OIL FRUITS, THEIR PRODUCTS AND BY-PRODUCTS

Number	Name	Description	Compulsory declarations
(1)	(2)	(3)	(4)
2.01	Groundnut, partially decorticated, expeller	By-product of oil manufacture, obtained by pressing of partially decorticated groundnuts Arachis hypogaea L. and other species of Arachis. (Maximum fibre content 16% in the dry matter).	Protein Fat Fibre
2.02	Groundnut, partially decorticated, extracted	By-product of oil manufacture, obtained by extraction of partially decorticated grounds. (Maximum fibre content 16% in the dry matter).	Protein Fibre
2.03	Groundnut, decorticated, expeller	By-product of oil manufacture, obtained by pressing of decorticated groundnuts.	Protein Fat Fibre
2.04	Groundnut, decorticated, extracted	By-product of oil manufacture, obtained by extraction of decorticated grounds.	Protein Fibre
2.05	Rape seed[^f00058]	Seeds of rape Brassica napus L. ssp. oleifera (Metzg.) Sinsk., of Indian sarson Brassica napus L. Var. Glauca (Roxb.) O.E. Schulz and of rape Brassica napa ssp. oleifera (Metzg). Sinsk. (Minimum botanical purity 94%).
2.06	Rape seed, expeller[^f00059]	By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94%).	Protein Fat Fibre
2.07	Rape seed, extracted[^f00060]	By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94%).	Protein
2.08	Rape seed hulls	By-product obtained during dehulling of rape seeds.	Fibre
2.09	Safflower seed, partially decorticated, extracted	By-product of oil manufacture, obtained by extraction of partially decorticated seed of safflower Carthamus tinctorius L.	Protein Fibre
2.10	Copra expeller	By-product of oil manufacture, obtained by pressing the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm Cocos nucifera L.	Protein Fat Fibre
2.11	Copra, extracted	By-product of oil manufacture, obtained by extraction of the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm.	Protein
2.12	Palm kernel expeller	By-product of oil manufacture, obtained by pressing of palm kernels Elaeis guineensis Jacq. Corozo oleifera (HBK) L. H. Bailey (Elaeis melanocca auct.) from which as much as possible of the hard shell has been removed.	Protein Fibre Fat
2.13	Palm kernel, extracted	By-product of oil manufacture, obtained by extraction of palm kernels from which as much as possible of the hard shell has been removed.	Protein Fibre
2.14	Soya (bean), toasted	Soya beans (Glycine max. L. Merr.) subjected to an appropriate heat treatment. (Urease activity maximum 0.4 mg N/g x min.).
2.15	Soya (bean), extracted, toasted	By-product of oil manufacture, obtained from soya beans after extraction and appropriate heat treatment. (Urease activity maximum 0.4mg N/g x min.).	Protein Fibre, if > 8%
2.16	Soya (bean), dehulled, extracted, toasted	By-product of oil manufacture, obtained from dehulled soya beans after extraction and appropriate heat treatment. (Maximum fibre content 8% in the dry matter). (Urease activity maximum 0.5mg N/g x min.).	Protein
2.17	Soya (bean) protein concentrate	Product obtained from dehulled, fat extracted soya beans, subjected to a second extraction to reduce the level of nitrogen-free extract.	Protein
2.18	Vegetable oil[^f00061]	Oil obtained from plants.	Moisture, if > 1%.
2.19	Soya (bean) hulls	By-product obtained during dehulling of soya beans.	Fibre
2.20	Cotton seed	Seeds of cotton Gossypium spp. from which the fibres have been removed.	Protein Fibre Fat
2.21	Cotton seed, partially decorticated, extracted	By-product of oil manufacture, obtained by extraction of seeds of cotton from which the fibres and part of the husks have been removed. (Maximum fibre 22.5% in the dry matter).	Protein Fibre
2.22	Cotton seed expeller	By-product of oil manufacture, obtained by pressing of seeds of cotton from which the fibres have been removed.	Protein Fibre Fat
2.23	Niger seed expeller	By-product of oil manufacture, obtained by pressing of seeds of the niger plant Guizotia abyssinica (Lf) Cass. (Ash insoluble in HC1: maximum 3.4%).	Protein Fat Fibre
2.24	Sunflower seed	Seeds of the sunflower Helianthus annuus L.
2.25	Sunflower seed, extracted	By-product of oil manufacture, obtained by extraction of seeds of the sunflower.	Protein
2.26	Sunflower seed, partially decorticated, extracted	By-product of oil manufacture, obtained by extraction of seeds of the sunflower from which part of the husks has been removed. (Maximum fibre 27.5% in the dry matter).	Protein Fibre
2.27	Linseed	Seeds of linseed Linum usitatissimum L. (Minimum botanical purity 93%).
2.28	Linseed expeller	By-product of oil manufacture, obtained by pressing of linseed. (Minimum botanical purity 93%).	Protein Fat Fibre
2.29	Linseed, extracted	By-product of oil manufacture, obtained by extraction of linseed. (Minimum botanical purity 93%).	Protein
2.30	Olive pulp	By-product of oil manufacture, obtained by extraction of pressed olives Olea europea L. separated as far as possible from parts of the kernel.	Protein Fibre
2.31	Sesame seed expeller	By-product of oil manufacture, obtained by pressing of seeds of the sesame plant Sesamum indicum L. (Ash insoluble in HC1: maximum 5%).	Protein Fibre Fat
2.32	Cocoa bean, partially decorticated, extracted	By-product of oil manufacture, obtained by extraction of dried and roasted cocoa beans Theobroma cacao L. from which part of the husks has been removed.	Protein Fibre
2.33	Cocoa husks	Teguments of the dried and roasted beans of Theobroma cacao L.	Fibre

3

LEGUME SEEDS, THEIR PRODUCTS AND BY-PRODUCTS

Number	Name	Description	Compulsory declarations
(1)	(2)	(3)	(4)
3.01	Chick peas	Seeds of Cicer arietinum L.
3.02	Guar meal, extracted	By-product obtained after extraction of the mucilage from seeds of Cyanopsis tetragonoloba (L.) Taub.	Protein
3.03	Ervil	Seeds of Ervum ervilia L.
3.04	Chickling vetch[^f00062]	Seeds of Lathyrus sativus L. submitted to an appropriate heat treatment.
3.05	Lentils	Seeds of Lens culinaris a.o. Medik.
3.06	Sweet lupins	Seeds of Lupinus spp. Low in bitter seed content.
3.07	Beans, toasted	Seeds of Phaseolus or Vigna spp. submitted to an appropriate heat treatment to destroy toxic lectines.
3.08	Peas	Seeds of Pisum spp.
3.09	Pea middlings	By-product obtained during the manufacture of pea-flour. It consists principally of particles of cotyledon, and to a lesser extent, of skins.	Protein Fibre
3.10	Pea bran	By-product obtained during the manufacture of pea meal. It is composed mainly of skins removed during the skinning and cleaning of peas.	Fibre
3.11	Horse beans	Seeds of Vicia faba L. spp. faba var. equina Pers. and var. minuta (Alef.) Mansf.
3.12	Monantha vetch	Seeds of Vicia monanthos Desf.
3.13	Vetches	Seeds of Vicia sativa L. var. sativa and other varieties.

4

TUBERS, ROOTS, THEIR PRODUCTS AND BY-PRODUCTS

Number	Name	Description	Compulsory declarations
(1)	(2)	(3)	(4)
4.01	(Sugar) beet pulp	By-product of the manufacture of sugar, consisting of extracted and dried pieces of sugar beet Beta vulgaris L. ssp. vulgaris var. altissima Doell. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).	Content of ash insoluble in HCl, if > 3.5% of dry matter. Total sugar calculated as sucrose, if > 10.5%.
4.02	(Sugar) beet molasses	By-product consisting of the syrupy residue collected during the manufacture or refining of beet sugar.	Total sugar calculated as sucrose.Moisture, if > 28%.
4.03	(Sugar) beet pulp, molassed	By-product of the manufacture of sugar comprising dried sugar-beet pulp, to which molasses have been added. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).	Total sugar calculated as sucrose. Content of ash insoluble in HC1, if > 3.5% of dry matter
4.04	(Sugar) beet vinasse	By-product obtained after the fermentation of beet molasses in the production of alcohol, yeast, citric acid and other organic substances.	Protein Moisture, if > 35%
4.05	(Beet) sugar[^f00063]	Sugar extracted from sugar beet.	Sucrose
4.06	Sweet potato	Tubers of Ipomoea batatas (L.) Poir, regardless of their presentation.	Starch
4.07	Manioc[^f00064]	Roots of Manibot esculenta Crantz, regardless of their presentation. (Maximum content of ash insoluble in HCl: 4.5% of dry matter).	Starch Content of ash insoluble in HCl, if > 3.5% of dry matter
4.08	Manioc starch[^f00065], puffed	Starch obtained from manioc roots, greatly expanded by appropriate heat treatment.	Starch
4.09	Potato pulp	By-product of the manufacture of potato starch (Solanum tuberosum L.).
4.10	Potato starch	Technically pure potato starch.	Starch
4.11	Potato protein	Dried by-product of starch manufacture composed mainly of protein substances obtained after the separation of starch.	Protein
4.12	Potato flakes	Product obtained by rotary drying of washed, peeled or unpeeled steamed potatoes.	Starch Fibre
4.13	Potato juice condensed	By-product of the manufacture of potato starch from which proteins and water have been partly removed.	Protein Ash
4.14	Pre-gelatinised potato starch	Product consisting of potato starch largely solubilised by heat treatment.	Starch

5

OTHER SEEDS AND FRUITS, THEIR PRODUCTS AND BY-PRODUCTS

Number	Name	Description	Compulsory declarations
(1)	(2)	(3)	(4)
5.01	Carob pods	Product obtained by crushing the dried fruits (pods) of the carob tree Ceratonia seliqua L., from which the locust beans have been removed.	Fibre
5.02	Citrus pulp	By-product obtained by pressing citrus fruit Citrus ssp. during the production of citrus juice.	Fibre
5.03	Fruit pulp[^f00066]	By-product obtained by pressing pomaceous or stone fruit during the production of fruit juice.	Fibre
5.04	Tomato pulp	By-product obtained by pressing tomatoes Solanum lycopersicum Karst. during the production of tomato juice.	Fibre
5.05	Grape pips, extracted	By-product obtained during the extraction of oil from grape pips.	Fibre, if > 45%
5.06	Grape pulp	Grape pulp dried rapidly after the extraction of alcohol from which as much as possible of the stalks and pips have been removed.	Fibre, if > 25%
5.07	Grape pips	Pips extracted from grape pulps, from which the oil has not been removed.	FatFibre, if > 45%

6

FORAGES AND ROUGHAGE

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