
2002 No. 892
AGRICULTURE, ENGLAND
The Feeding Stuffs (Amendment) Regulations 2002
Made 23rd May 2002
Laid before Parliament 24th May 2002
Coming into force 1st July 2002
The Secretary of State for Health, in exercise of the powers conferred on him by sections 66(1), 68(1) and (1A), 69(1), 74A, 75(1), 76(1), 77(4), 78(6), 79(1) and 84 of the Agriculture Act 1970 (as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 and articles 2 and 6 of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002, 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, and being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 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 in the Agriculture Act 1970 specified above), makes the following Regulations:
Title, commencement and extent
1 
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 2002, shall come into force on 1st July 2002 and shall extend to England only, except that—
(a) regulation 3 shall extend to England, Wales and Northern Ireland in so far as it relates to regulation 11 of the Feeding Stuffs Regulations 2000 as amended by these Regulations or to regulation 12 of those Regulations; and
(b) regulation 5 shall extend to England, Wales and Northern Ireland.
Amendment of the Feeding Stuffs Regulations 2000
2 
The Feeding Stuffs Regulations 2000 shall be amended in accordance with regulations 3 to 12 below.
3 
In regulation 2 (interpretation), 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 (Amendment) Regulations 2002 are made.”.
4 
In each of regulations 7(1) and 25(1), after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be added the expression “and the Feeding Stuffs (Amendment) Regulations 2002”.
5 
In regulation 11 (applications for Community authorisation of additives and of new uses for additives)—
(a) for paragraph (2) there shall be substituted the following paragraph—“
(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 EEA State (other than the United Kingdom),
in accordance with Article 4.3 of the Additives Directive, if it is satisfied as specified in paragraph (3) below.”; and
(c) for paragraph (5) there shall be substituted the following paragraph—“
(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 EEA State (other than the United Kingdom) of the rejection or postponement, and shall notify them of the reasons for its rejection or postponement.”.
6 
In paragraph (2) of regulation 19, for the expression “Schedule 10” there shall be substituted the expression “Schedule 9”.
7 
In paragraph (2) of regulation 25, for the word “regulations” to the end there shall be substituted the following provisions—“
 regulation 4 (except in so far as it relates to Part II of Schedule 5), 9(1) (in so far as it regulates putting into circulation), (2) and (3), 10(1) to (4), (6), (6A) and (7), 13(2) (in so far as it falls to be read with paragraph (3)(a), (c) or (d) of that regulation), (4), (6) and (7), 14(3), (4), (6), (7) and (9), 15(1), 17, 18(1) and 19(1).”.
8 
Regulation 27(a) and (b) shall be revoked.
9 
In Schedule 3 (permitted additives and provisions relating to their use), for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in Schedule 1 to these Regulations.
10 
In Schedule 7 (prescribed limits for undesirable substances)—
(a) for the entry for Dioxin (sum of PCDD and PCDF) in column 1 of Chapter A of Part I of the Table and the corresponding entries in columns 2 and 3 respectively of that Chapter; and
(b) for the entry for Dioxin (sum of PCDD and PCDF) in column 1 of Chapter A of Part II of the Table and the corresponding entries in columns 2 and 3 respectively of that Chapter,there shall be substituted the entries set out in Schedule 2 to these Regulations.
11 
In Schedule 8 (control of certain protein sources)—
(a) the entry in column 6 (“All animal species”) corresponding with the entry in column 2 relating to “3. Amino acids and their salts” shall be deleted; and
(b) for the entry in that column (“Ruminants from the beginning of rumination”) corresponding with the entry in column 2 relating to “3.1.1.DL-methionine, technically pure” there shall be substituted the entry “All animal species”.
12 
In Schedule 9 (permitted feeding stuffs intended for particular nutritional purposes and provisions relating to their use) for the entries in columns 2 to 6 of Chapter A relating to the support of liver function in case of chronic liver insufficiency in dogs or cats there shall be substituted the entries set out in Schedule 3 to these Regulations.
Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
13 
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended in so far as they extend to England as follows—
(a) in Part II of Schedule 1 (manner of taking, preparing, marking, sealing and fastening of samples), for paragraph 5(1) there shall be substituted the following provision—“
(1) An inspector who intends to take a sample in accordance with section 76(7) of the Act as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999 shall satisfy himself that the conditions in which the material concerned is stored are not such as might have caused undue deterioration of it, and that it appears not to have been contaminated by any other material.”;
(b) in Part I of Schedule 2 (methods of analysis), for paragraph 3(e)(ii) there shall be substituted the following provision—“
(ii) grinding to pass 1 mm should not be used where it could lead to difficulties in identifying the undesirable substances listed in Schedule 7 to the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002.”; and
(c) in Part II of Schedule 3 (form of certificate of analysis), for note 11(a) there shall be substituted the following note—“
(a) whether or not the material was named in accordance with the requirements of the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002 and, if it was not named in accordance with those requirements, in what respect it was not;”.
Amendment of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
14 

(1) The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 shall be amended in so far as they extend to England as specified in paragraph (2).
(2) In the provisions of those Regulations specified in paragraph (3), for the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be substituted the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002”.
(3) The provisions are regulations 98(8) and (9), 99 and 106(1).
Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
15 
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in so far as they extend to England as follows—
(a) in paragraph (1) of regulation 2, for the definition of “third country” there shall be substituted the following definition—“
 “third country” means a country other than a State which is a contracting party to 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;”;
(b) in each of paragraphs (2) and (4) of regulation 7, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”;
(c) in regulation 8, for the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000 and amended by the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001” there shall be substituted the expression “as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999, the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001 and the Feeding Stuffs (Amendment) Regulations 2002”; and
(d) in regulation 9, in the text of subsection (8) of section 67 of the Agriculture Act 1970 shown as modified by that regulation, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”; and
(e) in regulation 10, in the text of subsection (17) of section 76 of the Agriculture Act 1970 shown as modified by that regulation, after the expression “the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001” there shall be inserted the expression “and the Feeding Stuffs (Amendment) Regulations 2002”.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State,
Department of Health
23rd May 2002
SCHEDULE 1
PROVISIONS SUBSTITUTED FOR PART IX OF THE TABLE TO SCHEDULE 3 TO THE FEEDING STUFFS REGULATIONS 2000
Regulation 9
“
PART IX EUROPEAN COMMUNITY REGULATIONS BY WHICH ADDITIVES ARE CONTROLLEDCommission Regulation (EC) No. 2316/98 concerning authorisation of new additives and amending the conditions for authorisation of a number of additives already authorised in feedingstuffs.

 Commission Regulation (EC) No. 1594/1999 amending the conditions for the authorisation of an additive in feedingstuffs.
 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.
 Commission Regulation (EC) No. 1353/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives, new additive uses and new preparations in feedingstuffs.
 Commission Regulation (EC) No. 2437/2000 concerning the permanent authorisation of an additive and the provisional authorisation of new additives in feedingstuffs.
 Commission Regulation (EC) No. 2013/2001 concerning the provisional authorisation of a new additive use and the permanent authorisation of an additive in feedingstuffs.
 Commission Regulation (EC) No. 2200/2001 concerning provisional authorisation of additives in feedingstuffs.
 Commission Regulation (EC) No. 256/2002 concerning the provisional authorisation of new additives, the prolongation of provisional authorisation of an additive and the permanent authorisation of an additive in feedingstuffs.
”
SCHEDULE 2
PROVISIONS SUBSTITUTED IN PARTS I AND II OF SCHEDULE 7 TO THE FEEDING STUFFS REGULATIONS 2000
Regulation 10


(1) (2) (3)
Dioxin (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)) PCDD/F All feed materials of plant origin including vegetable oils and by-productsMineralsAnimal fat, including milk fat and egg fatOther land animal products including milk and milk products and eggs and egg productsFish oilFish, other aquatic animals, their products and by-products with the exception of fish oil(2)Compound feedingstuffs, with the exception of feedingstuffs for fur animals, pet foods and feedingstuffs for fishFeedingstuffs for fishPet foods 0.75 ng WHO-PCDD/F-TEQ/kg(1)1.0 ng WHO-PCDD/F-TEQ/kg(1)2.0 ng WHO-PCDD/F-TEQ/kg(1)0.75 ng WHO-PCDD/F-TEQ/kg(1)6 ng WHO-PCDD/F-TEQ/kg(1)1.25 ng WHO-PCDD/F-TEQ/kg(1)0.75 ng WHO-PCDD/F-TEQ/kg(1)2.25 ng WHO-PCDD/F-TEQ/kg(1)Notes:(1) Upper-bound concentrations; upper-bound concentrations are calculated assuming that all values of the different congeners less than the limit of determination are equal to the limit of determination.(2) Fresh fish directly delivered and used without intermediate processing for the production of feedingstuffs for fur animals is exempted from the maximum limit. The products, processed animal proteins produced from these fur animals cannot enter the food chain and the feeding thereof is prohibited to farmed animals which are kept, fattened or bred for the production of food.
SCHEDULE 3
PROVISIONS SUBSTITUTED IN SCHEDULE 9 TO THE FEEDING STUFFS REGULATIONS 2000
Regulation 12


(2) (3) (4) (5) (6)
High quality protein, moderate level of protein, high level of essential fatty acids and high level of highly digestive carbohydrates Dogs — Protein source(s)— Content of essential fatty acids— Highly digestible carbohydrates including their treatment if appropriate— Sodium— Total copper Initially up to 6 months Indicate on the package, container or label: “It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use”Indicate in the instructions for use: “Water should be available at all times”
High quality protein, moderate level of protein and high level of essential fatty acids Cats — Protein source(s)— Content of essential fatty acids— Sodium— Total copper Initally up to 6 months Indicate on the package, container or label: “It is recommended that a veterinarian’s opinion be sought before use or before extending the period of use”Indicated in the instructions for use: “Water should be available at all times”