
1 

(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Amendment (No. 2) Regulations 2004 and come into force on 18th November 2004.
(2) These Regulations extend to Scotland only.
2 

(1) The Feeding Stuffs (Scotland) Regulations 2000 are amended in accordance with paragraphs (2) to (5).
(2) After regulation 14(6) (control of feeding stuffs and feed materials containing undesirable substances), insert–“
(7) Paragraphs (8) and (9) shall apply to any person in possession or control for the purposes of a trade or business of any of the following products intended for animal feed–
(a) palm kernel expeller;
(b) feeding stuffs obtained from the processing of fish or other marine animals;
(c) seaweed meal and feed materials derived from seaweed; or
(d) complete feeding stuffs for fish or for fur producing animals.
(8) Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in any product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Part I of Schedule 7.
(9) Any person who without reasonable cause fails to comply with a request made under paragraph (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.
(3) For regulation 15 (Control of compound feeding stuffs containing prohibited materials) substitute–“
15. 

(1) No person shall put into circulation for use as a feeding stuff, or use as a 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 use in propagation, or derived by–products;
(d) wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market;
(e) subject to paragraph (3), waste (whether or not subjected or to be subjected to further processing) obtained from the treatment of “urban waste water”, “domestic waste water”, or “industrial waste water” (as those terms are defined in Article 2 of Council Directive 91/271/EEC concerning urban waste water treatment), whatever the origin of the waste water concerned;
(f) solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 laying down health rules concerning animal by–products not intended for human consumption;
(g) packaging and parts of packaging from products used in agriculture or the food industry.
(2) For the purposes of paragraph (1) “waste” shall have the meaning given in Article 1 of Council Directive 75/442/EEC.
(3) For the purposes of paragraph (1)(e), the term “waste water” shall be construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited.”.
(4) In Part IX of Schedule 3 (European Community Regulations by which additives are controlled) after the reference to Commission Regulation (EC) No. 490/2004 insert–“
 Commission Regulation (EC) No. 879/2004 concerning the provisional authorisation of a new use of an additive already authorised in feeding stuffs (Saccharomyces cerevisiae).
 Commission Regulation (EC) No. 880/2004 authorising without time limit the use of beta carotene and canthaxanthin as additives in feeding stuffs belonging to the group of colouring matters including pigments.
 Commission Regulation (EC) No. 1259/2004 concerning the permanent authorisation of certain additives already authorised in feeding stuffs.
 Commission Regulation (EC) No. 1288/2004 concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feeding stuffs.
 Commission Regulation (EC) No. 1332/2004 concerning the permanent authorisation of certain additives in feeding stuffs.
 Commission Regulation 1333/2004 concerning the permanent authorisation of a certain additive in feeding stuffs.
 Commission Regulation (EC) No. 1453/2004 concerning the permanent authorisation of certain additives in feeding stuffs.
 Commission Regulation (EC) No. 1465/2004 concerning the permanent authorisation of an additive in feeding stuffs.”.
(5) In Part I (Feeding stuffs) of Schedule 7 (Prescribed limits for undesirable substances) for the entries in columns 1 to 3 relating to arsenic, fluorine, lead, aflatoxin B1 free gossypol and endosulphan, substitute the respective entries for these substances set out in columns 1 to 3 of the Schedule to these Regulations.
RHONA BRANKIN
Authorised to sign on behalf of the Scottish Ministers
St Andrew’s House, Edinburgh
27th October 2004
SCHEDULE
Regulation 2(5)


Column 1 Column 2 Column 3
Arsenic Feed materials except: 2
 – meal made from grass, from dried lucerne and from dried clover and dried sugar beet pulp and dried molasses sugar beet pulp 4
 – palm kernel expeller 4 (of which the content of inorganic arsenic must be less than 2)
 – phosphates and calcareous marine algae 10
 – calcium carbonate 15
 – magnesium oxide 20
 – feeding stuffs obtained from the processing of fish or other marine animals 15 (of which the content of inorganic arsenic must be less than 2)
 – seaweed meal and feed materials derived from seaweed 40 (of which the content of inorganic arsenic must be less than 2)
 Complete feeding stuffs except: 2
 – complete feeding stuffs for fish and fur producing animals 6 (of which the content of inorganic arsenic must be less than 2)
 Complementary feeding stuffs except: 4
 – mineral feeding stuffs 12Note in respect of all entries in column 3The maximum levels refer to total arsenic
Fluorine Feed materials except: 150
 – feeding stuffs of animal origin with the exception of marine crustaceans such as marine krill 500
 – phosphates and marine crustaceans such as marine krill 2000
 – calcium carbonate 350
 – magnesium oxide 600
 – calcareous marine algae 1000
 Complete feeding stuffs except: 150
 – complete feeding stuffs for cattle, sheep and goats 
 – in milk 30
 – other 50
 – complete feeding stuffs for pigs 100
 – complete feeding stuffs for poultry 350
 – complete feeding stuffs for chicks 250
 Mineral mixtures for cattle, sheep and goats 2000
 Other complementary feeding stuffs 125 (fluorine content per 1% phosphorus)
Lead Feed materials except: 10
 – grass meal, lucerne meal or clover meal 40
 – calcium carbonate 20
 – phosphates and calcareous marine algae 15
 – yeasts 5
 Complete feeding stuffs 5
 Complementary feeding stuffs except: 10
 – mineral feeding stuffs 15
Aflatoxin B1 All feed materials 0.02
 Complete feeding stuffs for cattle, sheep and goats except: 0.02
 – dairy animals 0.005
 – calves and lambs 0.01
 Complete feeding stuffs for pigs and poultry (except piglets and chicks) 0.02
 Other complete feeding stuffs 0.01
 Complementary feeding stuffs for cattle, sheep and goats (except complementary feeding stuffs for dairy animals, calves and lambs) 0.02
 Complementary feeding stuffs for pigs and poultry (except piglets and chicks) 0.02
 Other complementary feeding stuffs 0.005
Free gossypol Feed materials except: 20
 – cotton–seed 5000
 – cotton–seed cakes and cotton seed meal 1200
 Complete feeding stuffs except: 20
 – complete feeding stuffs for cattle, sheep and goats 500
 – complete feeding stuffs for poultry (except laying hens) and calves 100
 – complete feeding stuffs for rabbits and pigs (except piglets) 60
Endosulphan (sum of alpha– and beta–isomers and of endosulphan sulphate, expressed as endosulphan) All feeding stuffs except: 0.1
 – maize and products derived from the processing thereof 0.2
 – oilseeds and products derived from the processing thereof 0.5
 – complete feeding stuffs for fish 0.005