The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003

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2003 No.2912
AGRICULTURE, ENGLAND
The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003

	Made	12th November 2003
	Laid before Parliament	17th November 2003
	Coming into force	8th December 2003

The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 74A and 84 of the Agriculture Act 1970[1] (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000[2] and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002[3]), after consultation as required by section 84(1) of that Act and by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[4], and being a Minister designated[5] for the purposes of section 2(2) of the European Communities Act 1972[6] in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred on him by that last mentioned section (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above), makes the following Regulations:

Title, application and commencement
     1. These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, shall apply in relation to England only and shall come into force on 8th December 2003.

Substantive amendments to the Feeding Stuffs Regulations 2000
     2. - (1) The Feeding Stuffs Regulations 2000[7] shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).

    (2) For Part II of the Table set out in Schedule 3 (permitted additives and provisions relating to their use) there shall be substituted the Part set out in the Schedule to these Regulations.

    (3) In Part IX of Schedule 3 -

(17)

(18)

Consequential amendments to the Feeding Stuffs Regulations 2000
3. - (1) The Feeding Stuffs Regulations 2000 shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).

(2) For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph -

" (1) Section 74(2) shall have effect as if after the words "this Part of this Act" there were inserted the words "or the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001[

(3) For paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph -

Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
     4. The Feeding Stuffs (Sampling and Analysis) Regulations 1999[13] shall be amended in so far as they apply in relation to England in accordance with regulations 5 and 6.

     5. In Part I of Schedule 2 (methods of analysis) in paragraph 3(e)(ii) for the expression "and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003" there shall be substituted the expression ", the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003".

     6. In Part II of Schedule 3 (form of certificate of analysis) in note (11)(a) for the expression "and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003" there shall be substituted the expression ", the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003".

Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
     7. The Feeding Stuffs (Enforcement) Regulations 1999[14] shall be amended in so far as they apply in relation to England in accordance with regulations 8 to 11.

     8. In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) -

(a) for paragraph (2) there shall be substituted the following paragraph -

" (2) The purpose referred to in paragraph (1) is the enforcement and administration of -

(b) for paragraph (4) there shall be substituted the following paragraph -

" (4) The purpose referred to in paragraph (3) is the enforcement and administration of -

" (17) In this section -

"compound feeding stuff" has the meaning given in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003;

"controlled product" means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003, as read with this Part of this Act, or in section 73 or 73A of this Act;

"feeding stuff which is intended for a particular nutritional purpose" shall be construed in accordance with the definitions of "feeding stuff intended for a particular nutritional purpose" and "particular nutritional purpose" in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003;

"premises" include any land, vehicle, vessel, aircraft or hovercraft; and

"put into circulation" means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying.".

Signed by authority of the Secretary of State for Health

Melanie Johnson
Parliamentary Under Secretary of State, Department of Health

12th November 2003

SCHEDULERegulation 2(2)

PART SUBSTITUTED FOR PART II OF THE TABLE SET OUT IN SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS 2000

" PART II

PERMITTED COLOURANTS

Col. 1EEC No.	Column 2Name or Description	Column. 3Chemical Formula, description.	Column 4Kind of animal permitted	Column 5Maximum content (mg/kg in complete feedingstuffs)	Column 6Conditions
	1. Carotenoids and xanthophylls:
E160c	Capsanthin	C₄₀H₅₆0₃	}	}	-
E160e	Beta-apo-8'-	C₃₀H₄₀0	}	}
	carotenal		}	}80
E160f	Ethyl ester of beta- apo-8'-	C₃₂H₄₄0₂	}Poultry	}(alone or with
	carotenoic		}	} the other
	acid		}	} carotenoids and
E161b	Lutein	C₄₀H₅₆0₂	}	} xanthophylls)
E161c	Cryptoxanthin	C₄₀H₅₆0	}
E161g	Canthaxanthin	C₄₀H₅₂0₂	Poultry other than laying hens	25	The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
			Laying hens	8	The mixture of canthaxanthin with other carotenoids and xanthophylls is allowed provided that the total concentration of the mixture does not exceed 80 mg/kg in the complete feedingstuff
			Salmon, trout	25	Use permitted from the age of 6 months onwards. The mixture of canthaxanthin with asthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100 mg/kg in the complete feedingstuff
			Dogs, cats and ornamental fish	-	-
E161h	Zeaxanthin	C₄₀H₅₆0₂	Poultry	}80 } (alone or with } other } carotenoids and	-
E161i	Citranaxanthin	C₃₃H₄₄0	Laying hens	} xanthophylls)
E161j	Astaxanthin	C₄₀H₅₂0₄	(a)Salmon, trout	100	Use only permitted from the age of 6 months onwards. the mixture of astaxanthin with canthaxanthin is allowed provided that the total concentration of the mixture does not exceed 100mg/kg in the complete feedingstuff
			(b)Ornamental fish	-	-
	2.Other cololurants
E102	Tartrazine	C₁₆H₉N₄ Na₃O₉S₂	}
E110	Sunset yellow FCF	C₁₆H₁₀N₂Na₂O₇S₂	} Ornamental	-	-
E124	Ponceau 4R	C₂₀H₁₁N₂Na₃O₁₀S₃	} fish
E127	Erythrosine	C₂₀H₆I₄Na₂O₅ H₂O
E131	Patent Blue V	Calcium salt of the disulphonic acid of m-hydroxytetra ethyl diamino triphenylcarbinol anhydride	(a) All species or categories of animals with the exception of dogs and cats	-	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, (ii) denatured cereals or manioc flour, or (iii) other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			(b) Dogs and cats	-	-
E132	Indigotine	C₁₆H₈N₂Na₂O₈S₂	Ornamental fish	-	-
E141	Chlorophyll copper complex	-	Ornamental fish	-	-
E142	Acid Brilliant Green BS, (Lissamine Green)	Sodium sale of 4,4'-bis (dimethylamino) diphenylmethylene-2-naphthol-3,6-disulphonic acid	(a) All species or categories of animals with the exception of dogs, cats and ornamental fish	-	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, (ii) denatured cereals or manioc flour, or (iii) other base substances denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			(b) Dogs, cats and ornamental fish	-	-
E153	Carbon black	C	}
E160B	Bixin	C₂₅H₃₀O₄	} Ornamental fish	-	-
E172	Iron oxide, red	Fe₂O₃	}
	3. All colourants (other than Patent Blue V and Acid Brilliant Green BS and Canthaxanthin) at present permitted for use in human food by European Community legislation as implemented by Regulations made under the Food Safety Act 1990[15]	-	(a) All species or categories of animals with the exception of dogs and cats		Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			(b) Dogs and cats	-	-
	3.1 Canthaxanthin authorised for colouring foodstuffs by Community rules		All species or categories of animals other than poultry, salmon, trout, dogs and cats	-	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			Dogs and cats	-	-
			Poultry other than laying hens, salmon, trout	25	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture
			Laying hens	8	Permitted in animal feedingstuffs only in products processed from: (i) waste products of foodstuffs, or (ii) other base substances, with the exception of cereals and manioc flour, denatured by means of these agents or coloured during technical preparation to ensure the necessary identification during manufacture "

EXPLANATORY NOTE

(This note is not part of the Regulations)

     1. These Regulations, which apply in relation to England only, further amend the Feeding Stuffs Regulations 2000 (SI 2000/2481, as already amended). The Feeding Stuffs Regulations 2000 largely apply in relation to England only.

     2. These Regulations implement Commission Directive 2003/7/EC amending the conditions for authorisation of canthaxanthin in feedingstuffs in accordance with Council Directive 70/524/EEC (OJ No. L22, 25.1.2003, p. 28), by modifying the controls in the Feeding Stuffs Regulations 2000 regulating the presence of additives in feedingstuffs by specifying new maximum levels in feed for the colourant canthaxanthin (regulation 2(2) and the Schedule).

     3. They also provide for the enforcement of Commission Regulation (EC) No. 871/2003 permanently authorising a new additive manganomanganic oxide in feedingstuffs (OJ No. L125, 21.5.2003, p.3) and Commission Regulation (EC) No. 877/2003 provisionally authorising the use of the acidity regulator "Benzoic acid" in feedingstuffs (OJ No. L126, 22.5.2003, p.24) (regulation 2(3)).

     4. These Regulations also make consequential amendments to regulations 7(1) and 25(1) of the Feeding Stuffs Regulations 2000 (regulation 3) and consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999 (regulations 4 to 11).

     5. A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the Library of each House of Parliament together with a Transposition Note setting out how the main elements of Commission Directive 2003/7/EC are transposed by these Regulations. Copies may be obtained from the Chemical Contaminants and Animal Feed Division of the Food Standards Agency, Aviation House, 125 Kingsway London, WC2B 6NH.

Notes:

[1] 1970 c. 40. Section 66(1) contains definitions of the expressions "the Ministers", "prescribed" and "regulations"; the definition of "the Ministers" was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of "the Ministers", so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6.back

[2] S.I. 2000/656.back

[3] S.I. 2002/794.back

[4] OJ No. L31, 1.2.2002, p.1. Under Article 3 of the EC Regulation "food law" extends to feed produced for, or fed to, food producing animals.back

[5] S.I. 1972/1811, amended by S.I. 2002/794.back

[6] S.I. 1972 c. 68.back

[7] S.I. 2000/2481[a] , amended by S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026 and S.I. 2003/1503.back

[8] S.I. 2001/541.back

[9] S.I. 2001/3389.back

[10] S.I. 2002/892.back

[11] S.I. 2003/1026.back

[12] S.I. 2003/1503.back

[13] S.I. 1999/1663, amended by S.I. 1999/1871, S.I. 2001/541, S.I. 2002/892, S.I. 2003/1296 and S.I. 2003/1503.back

[14] S.I. 1999/2325, amended by S.I. 2000/656, S.I. 2000/2481, S.I. 2001/541, S.I. 2001/3389, S.I. 2002/892, S.I. 2003/1026, S.I. 2003/1296 and S.I. 2003/1503.back

[15] 1990 c. 16.back

[a] Amended by Correction Slip. On page 2, in footnote (a) "2002/2481" should read "2000/2481". back

ISBN 0 11 048162 3

Prepared 17 November 2003

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