United Kingdom Statutory Instruments

(a) in paragraph (1)  - 


(i) the following definitions shall be deleted  - 


(aa) any commencing with the expression "EC approved", "EC permitted", "EEA approved", "EEA permitted" "UK approved" or "UK permitted",

(bb) "national list", and

(cc) "third country",



(ii) in each of the definitions of "complementary feeding stuff", "complete feeding stuff" and "feeding stuff", for the expression "regulation 14(10)(a)" there shall be substituted the expression "regulation 14(6)",

(iii) for the definition of "compound feeding stuff" there shall be substituted the following definition  - 

" "compound feeding stuff" has the same meaning as in the Compound Feeding Stuffs Directive;",

(iv) in the definition of "feed material" the expression ", subject to regulation 14(10)(b)," shall be deleted,

(v) immediately after the definition of "premixture" there shall be inserted the following definition  - 

" "product intended for animal feed" means any product used or intended for use in feed for pet animals, farmed creatures or animals living freely in the wild;",

(vi) for the definition of "put into circulation" there shall be substituted the following definition  - 

" "put into circulation" means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, in each case to a third party, but in regulation 14 also means import into England from a country which is neither an EEA State nor part of an EEA State;", and

(vii) immediately after the definition of "third country" there shall be inserted the following definition  - 

" "undesirable substance" means any substance or product, not being a pathogenic agent, which is contained in or is on a product intended for animal feed and  - 
(a) constitutes a potential danger to animal or human health or the environment; or

(b) could adversely affect livestock production;"; and



(b) for paragraph (8) there shall be substituted the following paragraph  - 

    " (8) Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended on the date the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 are made.".

(a) Directive 2002/2/EC of the European Parliament and of the Council amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs and repealing Commission Directive 91/357/EEC (OJ No. L63, 6.3.2002, p.23); and

(b) Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No. L140, 30.5.2002, p.10).

     3. These Regulations also provide for the enforcement of the following Community Regulations  - 

(a) Commission Regulation (EC) No. 261/2003 concerning the provisional authorisation of new uses of additives in feedingstuffs (OJ No. L37, 13.2.2003, p.12);

(b) Commission Regulation (EC) No. 316/2003 concerning the permanent authorisation of an additive in feedingstuffs and the provisional authorisation of an additive already authorised in feedingstuffs (OJ No. L46, 20.2.2003, p.15);

(c) Commission Regulation (EC) No. 666/2003 provisionally authorising the use of certain micro - organisms in feedingstuffs (OJ No. L96, 12.4.2003, p.11); and

(d) Commission Regulation (EC) No. 668/2003 concerning the permanent authorisation of an additive in feedingstuffs (OJ No. L96, 12.4.2003, p.14).

     4. These Regulations  - 

(a) amend the Feeding Stuffs Regulations 2000 ("the 2000 Regulations") by  - 


(i) in regulation 2(1) (interpretation), deleting the definitions of the terms "national list" and "third country" and any definitions commencing with specified expressions, modifying the definitions of the terms "complementary feeding stuff", "complete feeding stuff", "feeding stuff", "feed material" and "put into circulation", substituting a new definition of the term "compound feeding stuff" and adding new definitions of the terms "product intended for animal feed" and "undesirable substance" (regulation 3(a)),

(ii) substituting a revised version of regulation 2(8) (which prescribes how references in the 2000 Regulations to Community instruments are to be construed) (regulation 3(b)),

(iii) making consequential amendments to regulations 7(1), 25(1) and 25(2) (regulations 4, 7 and 8),

(iv) substituting for regulation 14 (control of feeding stuffs and feed materials containing undesirable substances), a new and re-titled regulation, which  - 


(aa) omits the provisions contained in the previous regulation which regulated the putting into circulation of feed materials containing undesirable substances above prescribed levels, required those possessing non-compliant products in the course of a business to notify the Food Standards Agency and the enforcement authorities of that fact and defined feed material for the purposes of regulation 14, and

(bb) re-enacts the remaining provisions of the previous regulation 14 with modifications, in particular by replacing the references to the terms "feeding stuff" and "feed material" with references to the term "product intended for animal feed" (regulation 5);



(v) inserting a new regulation, regulation 19A (provision of information in relation to compound feeding stuffs for animals other than pet animals), which requires suppliers of compound feeding stuffs to provide specified information relating to the feeding stuffs if requested to do so by those to whom they are supplied (regulation 6),

(vi) adding four new Commission Regulations to the list of Commission Regulations under which authorisation for the marketing of feed additives has been granted which is contained in Part IX of the Table to Schedule 3 (regulation 9 and the Schedule),

(vii) in Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) modifying the matters relating to compound feeding stuffs which are required to be contained in the statutory statement prescribed by regulation 5 or otherwise declared (regulation 10),

(viii) in Schedule 7 (prescribed limits for undesirable substances), modifying the headings to columns 1 and 2 of Part I (feeding stuffs) and deleting Part II (feed materials) (regulation 11), and

(ix) deleting Part II of Schedule 10 (containing the names of the categories of feed materials for use in relation to compound feeding stuffs for animals other than pets by which, prior to the coming into force of these Regulations, it was permissible to declare those compound feeding stuffs in the statement prescribed by regulation 5 (regulation 12); and



(b) make consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 13 to 20).

     5. A regulatory impact assessment has been prepared for these Regulations and has been placed in the library of each House of Parliament, together with a transposition note setting out how the main elements of Directives 2002/2/EC and 2002/32/EC have been transposed into domestic law by these Regulations. Copies may be obtained from the Animal Feed Unit of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.