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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2006 No. 3256 (W.296)

AGRICULTURE, WALES

The Feed (Specified Undesirable Substances) (Wales) Regulations 2006

  Made 5 December 2006 
  Coming into force 26 December 2006 

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred by sections 66(1), 68(1), 69(1), 74A and 84 of the Agriculture Act 1970[1].

In so far as these Regulations cannot be made under the powers in the Agriculture Act specified above, the National Assembly for Wales makes these Regulations by virtue of being designated for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures in the veterinary field for the protection of public health[3].

There has been consultation during the preparation of these Regulations in accordance with the requirements of section 84(1) of the Agriculture Act 1970 or as appropriate of Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council[4] 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.

Title and Commencement
     1. The title of these Regulations is the The Feed (Specified Undesirable Substances) (Wales) Regulations 2006 and they come into force on 26 December 2006.

Amendments to the Feeding Stuffs (Wales) Regulations 2006
    
2. —(1) The Feeding Stuffs (Wales) Regulations 2006[5] are amended in accordance with paragraphs (2) to (4).

    (2) In Part B of Schedule 4 (limits of variation), after the entries relating to methionine insert the entries for moisture as set out in Schedule 1 to these Regulations.

    (3) In relation to the table in Chapter A of Schedule 5 (prescribed limits for undesirable substances)—

    (4) In relation to the table in Chapter D of Schedule 5 —

Amendments to the Feed (Hygiene and Enforcement) (Wales) Regulations 2005
     3. —(1) The Feed (Hygiene and Enforcement) (Wales) Regulations 2005[6] are amended in accordance with paragraphs (2) and (3).

    (2) After regulation 24, insert the following regulation —

    (3) In paragraph (4) of regulation 27, after the expression "regulation 24" insert "or regulation 24A".



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[14]


D. Elis-Thomas
The Presiding Officer of the National Assembly

5 December 2006



SCHEDULE 1
Regulation 2(2)


Entries to be added in Part B of Schedule 4 to the Feeding Stuffs (Wales) Regulations 2006


"Analytical constituents Limits of variation (absolute value in percentage by weight, except where otherwise specified)
Moisture If present in excess—

    3 for declarations of 40% or more

7.5% of the amount stated for declarations of 20% or more but less than 40%

1.5 for declarations less than 20%"




SCHEDULE 2


PART 1

Entries to be substituted or added in Chapter A of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006

"Column 1: Undesirable substances Column 2: Products intended for animal feed Column 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
Cadmium(¹) Feed materials of vegetable origin 1
           Feed materials of animal origin 2
           Feed materials of mineral origin 2
           except:           
           — phosphates 10
           Additives belonging to the functional group of compounds of trace elements 10
           except:           
           — copper oxide, manganous oxide, zinc oxide and manganous sulphate monohydrate 30
           Additives belonging to the functional groups of binders and anti-caking agents 2
           Premixtures 15
           Mineral feeding stuffs:  
           — containing less than 7% phosphorus 5
           — containing 7% or more phosphorus 0.75 per 1% phosphorus, subject to a maximum of 7.5
           Complementary feeding stuffs for pet animals 2
           Other complementary feeding stuffs 0.5
           Complete feeding stuffs for cattle, sheep and goats and feeding stuffs for fish 1
           except:           
           — complete feeding stuffs for pet animals 2
           — complete feeding stuffs for calves, lambs and kids, and other complete feeding stuffs 0.5
Dioxins (sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs))expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 1997(²)(³) Feed materials of plant origin with the exception of vegetable oils and their by-products 0.75 ng WHO-PCDD/F-TEQ/kg
           Vegetable oils and their by-products 0.75 ng WHO-PCDD/F-TEQ/kg
           Feed materials of mineral origin 1.0 ng WHO-PCDD/F-TEQ/kg
           Animal fat, including milk fat and egg fat 2.0 ng WHO-PCDD/F-TEQ/kg
           Other land animal products, including milk and milk products and eggs and egg products 0.75 ng WHO-PCDD/F-TEQ/kg
           Fish oil 6.0 ng WHO-PCDD/F-TEQ/kg
           Fish, other aquatic animals, their products and by-products, with the exception of fish oil and fish protein hydrolysates containing more than 20% fat(4) 1.25 ng WHO-PCDD/F-TEQ/kg
           Fish protein hydrolysates containing more than 20% fat 2.25 ng WHO-PCDD/F-TEQ/kg
           The additives kaolinitic clay, calcium sulphate dihydrate, vermiculite, natrolite-phonolite synthetic calcium aluminates and clinoptilolite of sedimentary origin belonging to the functional groups of binders and anti-caking agents 0.75 ng WHO-PCDD/F-TEQ/kg
  Additives belonging to the functional group of compounds of trace elements 1.0 ng WHO-PCDD/F-TEQ/kg
           Premixtures 1.0 ng WHO-PCDD/F-TEQ/kg
           Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish 0.75 ng WHO-PCDD/F-TEQ/kg
           Feed for fish and pet foods 2.25 ng WHO-PCDD/F-TEQ/kg
                      Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification
Sum of dioxins and dioxin-like PCBs (sum of polychlorinated dibenzo-para-dioxins (PCDDs), polychlorinated dibenzofurans (PCDFs) and polychlorinated biphenyls (PCBs)) expressed in World Health Organisation (WHO) toxic equivalents, using the WHO-TEFs (toxic equivalency factors) 1997(²) Feed materials of plant origin with the exception of vegetable oils and their by-products 1.25 ng WHO-PCDD/F-PCB-TEQ/kg
           Vegetable oils and their by-products 1.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Feed materials of mineral origin 1.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Animal fat, including milk fat and egg fat 3.0 ng WHO-PCDD/F-PCB-TEQ/kg
           Other land animal products, including milk and milk products and eggs and egg products 1.25 ng WHO-PCDD/F-PCB-TEQ/kg
           Fish oil 24.0 ng WHO-PCDD/F-PCB-TEQ/kg
           Fish, other aquatic animals, their products and by-products, with the exception of fish oil and fish protein hydrolysates containing more than 20% fat(4) 4.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Fish protein hydrolysates containing more than 20% fat 11.0 ng WHO-PCDD/F-PCB-TEQ/kg
           Additives belonging to the functional groups of binders and anti-caking agents 1.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Additives belonging to the functional group of compounds of trace elements 1.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Premixtures 1.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Compound feeding stuffs, with the exception of feed for fur-producing animals, pet foods and feed for fish 1.5 ng WHO-PCDD/F-PCB-TEQ/kg
           Feed for fish and pet foods 7.0 ng WHO-PCDD/F-PCB-TEQ/kg
                      Note in respect of all entries in column 3: upper bound concentrations are calculated on the assumption that all values of the different congeners below the limit of quantification are equal to the limit of quantification
Fluorine(5) Feed materials 150
           except:           
           — feeding stuffs of animal origin other than marine crustaceans such as marine krill 500
           — marine crustaceans such as marine krill 3,000
           — phosphates 2,000
           — calcium carbonate 350
           — magnesium oxide 600
           — calcareous marine algae 1,000
           Vermiculite (E 561) 3,000
           Complementary feeding stuffs           
           — containing 4% phosphorus or less 500
           — containing more than 4% phosphorus 125 per 1% phosphorus
           Complete feeding stuffs 150
           except:           
           — complete feeding stuffs for cattle, sheep and goats           
           — — in lactation 30
           — — other 50
           — complete feeding stuffs for pigs 100
           — complete feeding stuffs for poultry 350
           — complete feeding stuffs for chicks 250
Lead(¹) Feed materials 10
           except:           
           — green fodder (including products such as hay, silage, fresh grass, etc) 30
           — phosphates and calcareous marine algae 15
           — calcium carbonate 20
           — yeasts 5
           Additives belonging to the functional group of compounds of trace elements 100
           except:           
           — zinc oxide 400
           — manganous oxide, iron carbonate, copper carbonate 200
           Additives belonging to the functional groups of binders and anti-caking agents 30
           except:           
           —clinoptilolite of volcanic origin 60
           Premixtures 200
           Complementary feeding stuffs 10
           except:           
           — mineral feeding stuffs 15
           Complete feeding stuffs 5



PART 2

Entries to be substituted in Chapter D of Schedule 5 to the Feeding Stuffs (Wales) Regulations 2006

"Column 1: Undesirable substances Column 2: Products intended for animal feed Column 3: Maximum content in mg/kg of feeding stuffs referred to a moisture content of 12%
Camphechlor (toxaphene) — sum of indicator congeners CHB 26, 50 and 62(¹) Fish, other aquatic animals, their products and by-products with the exception of fish oil 0.02
           Fish oil 0.2
           Feeding stuffs for fish 0.05



EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations make further amendments to the Feeding Stuffs (Wales) Regulations 2006 (SI 2006/116 (W.14) as already amended by S.I. 2006/617 (W.69) and S.I. 2006/2928 (W.263) ("the Feeding Stuffs Regulations"), and also amend the Feed (Hygiene and Enforcement) (Wales) Regulations 2005 (S.I. 2005/3368 (W.265) ("the Feed Hygiene Regulations").

     2. These Regulations provide for the implementation of the following EC Directives—

     3. The Regulations also implement a provision contained in Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ No. L86, 6.4.1979, p30), as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p.36). This provision relates to the limits of variation for the declaration of the moisture content of compound pet foods.

     4. The Regulations amend the Feeding Stuffs Regulations —

     5. The Regulations amend the Feed Hygiene Regulations —

     6. A full regulatory appraisal of the effect that this instrument will have on the costs of business has been prepared and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.


Notes:

[1] 1970 c.40. Section 66(1) contains definitions of the expressions "the Ministers", "prescribed" and "regulations". Functions of "the Secretary of State", so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672.back

[2] 1972 c.68.back

[3] S.I. 2003/1246.back

[4] OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).back

[5] S.I. 2006/116 (W.14), as amended by S.I. 2006/617 (W.69) and S.I. 2006/2928 (W.263).back

[6] S.I. 2005/3368 (W.265).back

[7] OJ No. L140, 30.5.2002, p.10.back

[8] OJ No. L151, 19.6.2003, p.38.back

[9] OJ No. L285, 1.11.2003, p.33.back

[10] OJ No. L27, 29.1.2005, p.44.back

[11] OJ No. L318, 6.12.2005, p.16.back

[12] OJ No. L318, 6.12.2005, p.19.back

[13] OJ No. L32, 4.2.2006, p44. This amending Directive introduced action thresholds and the requirement to investigate.back

[14] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091469 4


 © Crown copyright 2006

Prepared 15 December 2006


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