Scottish Statutory Instrument 2005 No. 605

      The Feeding Stuffs (Scotland) Regulations 2005


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      SCOTTISH STATUTORY INSTRUMENTS


      2005 No. 605

      AGRICULTURE

      The Feeding Stuffs (Scotland) Regulations 2005

        Made 28th November 2005 
        Laid before the Scottish Parliament 30th November 2005 
        Coming into force 1st January 2006 


      ARRANGEMENT OF REGULATIONS


      PART I

      Introductory and General
      1. Citation, commencement and extent
      2. Interpretation
      3. Modification of the Agriculture Act 1970 in relation to all feeding stuffs
      4. Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
      5. Prescribed material to which requirements for statutory statement and marking of material apply
      6. Exemption from these Regulations
      7. Revocations and saving

      PART II

      Presentation and Composition of Feeding Stuffs
      8. Matters required and permitted to be contained in a statutory statement or otherwise declared
      9. Forms of statutory statement
      10. Limits of variation
      11. Assigned meanings for statutory statements or marks
      12. Manner of packaging and sealing compound feeding stuffs
      13. Control of feed materials
      14. Control of products intended for animal feed containing undesirable substances
      15. Control of feeding stuffs containing prohibited materials
      16. Control of certain protein sources
      17. Control of the iron content of milk replacer feeds
      18. Control of ash insoluble in hydrochloric acid in compound feeding stuffs
      19. Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement
      20. Control of additives and premixtures
      21. Confidential information relating to additives under the 2000 Regulations

      PART III

      Enforcement
      22. Enforcement of provisions made under section 2(2) of the European Communities Act 1972
      23. Modification of section 74A(3) of the Agriculture Act 1970

      PART IV

      Amendment to other legislation
      24. Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999

        SCHEDULE 1 — METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDS

        SCHEDULE 2 — CONTROL OF FEED MATERIALS
       PART I — PRINCIPAL PROCESSES USED FOR THE PREPARATION OF THE FEED MATERIALS LISTED IN PART II OF THIS SCHEDULE
       PART II — NON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALS
       PART III — OTHER FEED MATERIALS

        SCHEDULE 3 — CONTENTS OF THE STATUTORY STATEMENT OR OTHER DECLARATION (EXCEPT FOR ADDITIVES AND PREMIXTURES NOT CONTAINED IN FEEDING STUFFS)
       PART I  
       PART II — DECLARATION OF ANALYTICAL CONSTITUENTS

        SCHEDULE 4 — LIMITS OF VARIATION
       PART A — COMPOUND FEEDING STUFFS EXCEPT THOSE FOR PETS
       PART B — COMPOUND PET FOODS
       PART C — FEED MATERIALS
       PART D — VITAMINS AND TRACE ELEMENTS
       PART E — ENERGY VALUE OF COMPOUND FEEDING STUFFS

        SCHEDULE 5 — PRESCRIBED LIMITS FOR UNDESIRABLE SUBSTANCES

        SCHEDULE 6 — CONTROL OF CERTAIN PROTEIN SOURCES

        SCHEDULE 7 — PERMITTED FEEDING STUFFS INTENDED FOR PARTICULAR NUTRITIONAL PURPOSES AND PROVISIONS RELATING TO THEIR USE

        SCHEDULE 8 — CATEGORIES OF FEED MATERIALS FOR USE IN RELATION TO COMPOUND FEEDING STUFFS FOR PET ANIMALS

        SCHEDULE 9 — AMENDING INSTRUMENTS REVOKED

      The Scottish Ministers, in exercise of the powers conferred by sections 66(1), 68(1) and (1A), 69(1) and (3), 70(1), 71(1), 74(1), 74A, 79(1), (2) and (9), and 84 of the Agriculture Act 1970[
      1], by section 2(2) of the European Communities Act 1972[2] (in so far as these Regulations cannot be made under the powers of the Agriculture Act 1970 specified above) and of all other powers enabling them in that behalf, after consultation as required by section 84(1) of the Agriculture Act 1970 with such persons or organisations appearing to represent the interests concerned and as required 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[3], hereby make the following Regulations:



      PART I

      Introductory and General

      Citation, commencement and extent
           1. —(1) These Regulations may be cited as the Feeding Stuffs (Scotland) Regulations 2005 and come into force on 1st January 2006.

          (2) These Regulations extend to Scotland only.

      Interpretation
          
      2. —(1) In these Regulations–

        "the Act" means the Agriculture Act 1970;

        "additive", except in the context of the definition of "compound feeding stuff", means a feed additive to which the Additives Regulation applies that is not an excluded additive;

        "the Additives Directive" means Council Directive 70/524/EEC concerning additives in feeding stuffs[4], as last amended by Commission Regulation (EC) No 1800/2004[5];

        "the Additives Regulation" means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition[6];

        "ash" means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for ash specified in Point 5 of the Annex to First Commission Directive 71/250/EEC[7], as last amended by Commission Directive 1999/27/EC[8];

        "the Animal Nutrition Directive" means Council Directive 82/471/EEC concerning certain products used in animal nutrition[9], as last amended by Commission Directive 2004/116/EC[10];

        "complementary feeding stuff" means a compound feeding stuff which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;

        "complete feeding stuff" means a compound feeding stuff which, by reason of its composition, is sufficient for a daily ration;

        "compound feeding stuff", subject to regulation 14(6), means a mixture of feed materials, whether or not containing any additive falling within the scope of the Additives Regulation, for oral feeding to pet animals or farmed creatures in the form of complementary feeding stuffs or complete feeding stuffs;

        "the Compound Feedingstuffs Directive" means Council Directive 79/373/EEC on the circulation of compound feedingstuffs[11], as last amended by Council Regulation (EC) No. 807/2003 of 14 April 2003 adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adapted in accordance with the consultation procedure (unanimity)[12];

        "daily ration" means the average total quantity of feeding stuff, expressed on a 12% moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;

        "EEA State" means a member State, Norway, Iceland or Liechtenstein;

        "energy value" means the energy value of a compound feeding stuff calculated in accordance with the relevant method specified in Schedule 1;

        "establishment" has the meaning given by Article 3(d) of Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene[13];

        "excluded additive" means any of the following:

        (a) coccidiostats;

        (b) histomonostats; or

        (c) any zootechnical additive falling within category (d) of Article 6(1) of the Additives Regulation;

        "fat" means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Second Commission Directive 71/393/EEC[14], as last amended by Commission Directive 98/64/EC[15];

        "feeding stuff intended for a particular nutritional purpose" means a compound feeding stuff, the composition or method of manufacture of which distinguishes it from other feeding stuffs and from the type of products covered by Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community[16], and in respect of which any indication is given that it is intended for a particular nutritional purpose;

        "feed material" means–

        (a) any product of vegetable or animal origin, in its natural state, fresh or preserved;

        (b) any product derived from such a product by industrial processing; or

        (c) any organic or inorganic substance,

        (whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly as such, or after processing, in the preparation of a compound feeding stuff or as a carrier of a premixture;

        "the Feed Materials Directive" means Council Directive 96/25/EC on the circulation of feed materials[17], as last amended by Council Regulation (EC) No. 806/2003[18];

        "fibre" means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for fibre specified in Point 3 of Annex I to Fourth Commission Directive 73/46/EEC[19], as last amended by Commission Directive 99/27/EC[20];

        "mammalian meat and bone meal" has the meaning given in Regulation 3(1) of the TSE (Scotland) Regulations 2002[21];

        "member State" means a member State other than the United Kingdom;

        "micro organism" has the meaning given by Article 2(2)(m) of the Additives Regulation;

        "milk replacer feed" means a compound feeding stuff administered in dry form, or after reconstitution with a given quantity of liquid, for feeding young animals as a supplement to, or substitute for, post colostral milk or for feeding calves intended for slaughter;

        "mineral feeding stuff" means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40% by weight of ash;

        "minimum storage life" means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;

        "molassed feeding stuff" means a complementary feeding stuff prepared from molasses and which contains at least 14% by weight of total sugar expressed as sucrose;

        "moisture" means water and other volatile material determined in accordance with the procedure set out in the method of analysis for moisture specified in Part I of the Annex to Second Commission Directive 71/393/EEC, as last amended by Commission Directive 98/64/EC;

        "oil" means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Second Commission Directive 71/393/EEC, as last amended by Commission Directive 98/64/EC;

        "particular nutritional purpose" means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;

        "pet food" means a feeding stuff for pet animals and "compound pet food" shall be construed accordingly;

        "premixture", except in regulation 2(5), has the meaning given by Article 2(2)(e) of the Additives Regulation, excluding any mixture consisting solely of a combination of excluded additives;

        "prescribed material" means material described in regulation 5(1);

        "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;

        "protein", except in paragraphs 7, 8, 9 and 10 of Part I of Schedule 3 where it has the meaning given to it by regulation 3(1) of the TSE (Scotland) Regulations 2002, means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for protein specified in Point 2 of Annex I to Third Commission Directive 72/199/EEC[22], as last amended by Commission Directive 99/79/EC[23];

        "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, and in regulations 13(8) and 14 also means import into Scotland from a state other than an EEA State;

        "starch" means the matter obtained as the result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for starch specified in Point 1 of Annex I to Third Commission Directive 72/199/EEC, as last amended by Commission Directive 99/79/EC;

        "2000 Regulations" means the Feeding Stuffs (Scotland) Regulations 2000[24]; and

        "undesirable substance" means any substance or product, not being a pathogenic agent, which is present in or 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.

          (2) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

          (3) Where, in any tabular or other entry in a Schedule to these Regulations, a numbered reference to a footnote appears, the footnote so numbered shall be treated as included in or amplifying the text to which it relates.

          (4) Any reference in these Regulations to a numbered section shall, unless otherwise indicated, be construed as a reference to the section bearing that number in the Act.

          (5) In these Regulations references to "feeding stuff" or "feed material" do not include any excluded additive or premixture within the meaning of Article 2(2)(e) of the Additives Regulation consisting solely of a combination of excluded additives.

      Modification of the Agriculture Act 1970 in relation to all feeding stuffs
           3. —(1) For the purposes of these Regulations, section 66(1) (interpretation of Part IV) shall have effect as if–

        (a) for the definition of "feeding stuff", there was substituted–

          " "feeding stuff" means–

          (a) a product of vegetable or animal origin in its natural state (whether fresh or preserved);

          (b) a product derived from the industrial processing of such a product; or

          (c) an organic or inorganic substance, used singly or in a mixture,

        whether or not containing additives, for oral feeding to pet animals or farmed creatures;";

        (b) for the definition of "pet animal", there was substituted–

          " "pet animal" means an animal belonging to a species normally nourished and kept, but not consumed, by man, other than an animal bred for fur;".

          (2) For the purposes of these Regulations, section 66(2) shall have effect as if there was substituted for paragraph (b) of that section–

          " (b) material shall be treated–

            (i) as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold, to be used by itself, or as an ingredient in something which is to be so used; and

            (ii) as used as a feeding stuff whether it is so used by itself, or as an ingredient in something which is to be so used.

          (c) paragraph (b) shall not apply in any circumstances in which Article 16 (labelling and packaging of feed additives and premixtures) of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition[25] applies.".

          (3) For the purposes of these Regulations, sections 73 (deleterious ingredients in feeding stuff) and 73A shall have effect as if for "animals of any description prescribed for the purpose of the definition of "feeding stuff" in section 66(1) of this Act", there was substituted "any farmed creatures".

          (4) For the purposes of these Regulations, section 85 (exemption for certain sales) shall have effect as if–

        (a) in so far as it relates to delivery outside the United Kingdom, paragraph (a) was omitted; and

        (b) paragraph (b) was omitted.

      Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
           4. In relation to feeding stuffs which have been imported, section 69(1) (marking of material prepared for sale) shall have effect as if "and in either case before it is removed from the premises" was omitted.

      Prescribed material to which requirements for statutory statement and marking of material apply
          
      5. —(1) Subject to paragraph (2), the material prescribed for the purposes of sections 68(1) (duty of seller to give statutory statement) and 69(1) is any material useable as a feeding stuff.

          (2) For the purposes of these Regulations, section 68(2) does not apply.

      Exemption from these Regulations
          
      6. In so far as these Regulations implement the Compound Feedingstuffs Directive (which principally regulates the labelling and packaging of compound feeding stuffs), they shall not apply in the circumstances specified in Article 14(c) (relating to animals kept for scientific or experimental purposes) of that Directive.

      Revocations and saving
          
      7. —(1) The 2000 Regulations, with the exception of regulation 19A[26] (provision of information in relation to compound feeding stuffs for animals other than pet animals) of and paragraph 19 of Schedule 4[27] (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) to those Regulations, are revoked.

          (2) The provisions of Parts I and III of these Regulations shall apply as appropriate in relation to regulation 19A of the 2000 Regulations as if that regulation were a provision of these Regulations, with the modification that regulation 19A of the 2000 Regulations shall be treated as a provision specified in regulation 23(2) of these Regulations.

          (3) Paragraph 19 of Schedule 4 to the 2000 Regulations shall be treated as if it were a paragraph of Schedule 3 to these Regulations and the provisions of Parts I and III of, and of paragraphs 1 and 23 of Schedule 3 to, these Regulations shall apply as appropriate to that paragraph as so treated.

          (4) The instruments amending the 2000 Regulations listed in Schedule 9 are revoked to the extent specified in that Schedule.



      PART II

      Presentation and Composition of Feeding Stuffs

      Matters required and permitted to be contained in a statutory statement or otherwise declared
           8. Except in respect of additives and premixtures not contained in feeding stuffs, the particulars, information and instructions required or permitted to be contained in a statutory statement or otherwise declared, are as specified in and shall comply with the provisions of Schedule 3.

      Forms of statutory statement
          
      9. —(1) Subject to paragraph (2), the statutory statement–

        (a) in the case of any prescribed material delivered in a package or other container, shall–

          (i) take the form of a label attached to that package or container; or

          (ii) be clearly marked directly on the package or container, and

        (b) in the case of such material delivered in bulk, shall take the form of a document relating to and accompanying each consignment.

          (2) In the case of any feed material sold in a quantity not exceeding 10 kg, and supplied directly to the final user, the statutory statement may be provided in the form of a notice in writing.

          (3) The particulars, information and instructions required or permitted to be contained in the statutory statement shall–

        (a) be clearly separate from any other information;

        (b) subject to paragraphs (5) and (6), be in English; and

        (c) be legible and indelible.

          (4) For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1)(a) or, where applicable, (2), and such material delivered in bulk shall be marked by the display in as close proximity to the material as is practicable of a document relating thereto.

          (5) In the case of any compound feeding stuff or feed material which is intended for export to a member State, the statutory statement shall be in one or more official Community languages, as determined by that member State.

          (6) In the case of any feeding stuff which is intended for export to an EEA State that is not a member State, the statutory statement shall be in one or more of the official languages of the country of destination.

      Limits of variation
          
      10. —(1) For the purposes of these Regulations, section 74(2) (limits of variation) shall have effect as if after "this Part of this Act" there was inserted "or the Feeding Stuffs (Scotland) Regulations 2005".

          (2) For the purposes of section 74, as modified by paragraph (1), the limits of variation in relation to any mis-statement in a statutory statement, document or mark, as to the nature, substance or quality of a feeding stuff where the mis-statement relates to–

        (a) any analytical constituent specified in column 1 of –

          (i) Part A of Schedule 4 (where the feeding stuff is a compound feeding stuff not intended for pet animals);

          (ii) Part B of Schedule 4 (where the feeding stuff is a compound pet food); or

          (iii) Part C of Schedule 4 (in the case of a feed material);

        (b) any vitamin or trace element specified in column 1 of Part D of that Schedule; or

        (c) the energy value of any feeding stuff specified in column 1 of Part E of that Schedule,

      shall be as set out with respect to that constituent or vitamin, trace element or feeding stuff, in the corresponding entry in column 2 of the relevant Part of that Schedule.

          (3) Particulars with respect to any material which are contained in a statutory statement, or in any document, or which are marked on, or denoted by a mark on, the material, shall not, for the purposes of Part IV of the Act or of these Regulations, be treated as false by reason of any mis statement therein as to the nature, substance or quality of the material, if–

        (a) the material was first sold, or otherwise put into circulation in an EEA State;

        (b) the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned; and

        (c) any such limits were in accordance with any applicable European Community legislation.

      Assigned meanings for statutory statements or marks
          
      11. In its application to these Regulations, the expressions "complementary feeding stuff", "complete feeding stuff", "compound feeding stuff", "milk replacer feed", "mineral feeding stuff" and "molassed feeding stuff" as they appear in section 70 (use of names or expressions with prescribed meanings) shall each have the meaning given to the expression concerned by regulation 2(1).

      Manner of packaging and sealing compound feeding stuffs
          
      12. —(1) Subject to paragraphs (2) and (3), no person shall put into circulation a compound feeding stuff, unless it is in a bag or container, and that bag or container is sealed in such a way that when the bag or container is opened, the seal is damaged and cannot be re used.

          (2) Compound feeding stuffs may be put into circulation in bulk, in unsealed bags or in unsealed containers, in the case of–

        (a) deliveries between producers of compound feeding stuffs or those putting them into circulation;

        (b) deliveries from producers of compound feeding stuffs to packaging enterprises;

        (c) compound feeding stuffs obtained by mixing grain or whole fruit;

        (d) blocks or licks;

        (e) small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision in paragraph (1).

          (3) Compound feeding stuffs may be put into circulation in bulk, or in unsealed containers, but not in unsealed bags, in the case of–

        (a) direct deliveries from the producer to the final user;

        (b) molassed feeding stuffs consisting of less than 3 feed materials;

        (c) pelleted feeding stuffs.

      Control of feed materials
          
      13. —(1) In this regulation any reference to a numbered Part means a Part of Schedule 2.

          (2) No person shall put into circulation any feed material of a description specified in column 3 of Part II under a name other than that specified in the corresponding entry in column 2 of that Part.

          (3) No person shall put into circulation any feed material not listed in Part II under a name specified in column 2 of that Part or under a name or term which could otherwise mislead a purchaser as to the real identity of the material.

          (4) Where the name of a feed material listed in column 2 of Part II includes a common name or term listed in column 4 of Part I no person shall put into circulation any such feed material or any compound feeding stuff containing such feed material unless the feed material was prepared by the process specified in columns 2 and 3 of Part I corresponding to that common name or term.

          (5) No person shall put into circulation any feed material or any compound feeding stuff containing any feed material, unless–

        (a) in the case of any feed material of a description specified in column 3 of Part II, the botanical purity by weight of the feed material is not less than the percentage (if any) specified in relation to it in column 3 of Part II or, if none is specified, is not less than 95% ; or

        (b) in the case of any feed material of a description specified in column 1 of Part III, the botanical purity by weight of the feed material is not less than 95% ; and

      the feed material also complies with the provisions regarding botanical and chemical purity set out in paragraph 1 of Section II of Part A of the Annex to the Feed Materials Directive.

          (6) No person shall use any feed material to bind another feed material, if the quantity of the feed material so used exceeds 3% of the total weight of the feed material bound.

          (7) Without prejudice to sections 73 (deleterious ingredients in feeding stuff) and 73A, no person shall import into Scotland from any state which is not an EEA State, supply (otherwise than on sale), have in possession with a view to so supplying or use any feed material which is deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.

          (8) No person shall put into circulation or use any feed material which represents any danger to the environment.

          (9) No person shall put into circulation any feed material in a manner likely to mislead as to its properties.

          (10) In paragraph (5)(a) "description" shall be taken to exclude any botanical purity requirement, and for the purposes of this regulation and of Schedule 2 "botanical purity" shall be construed in accordance with paragraph 2 of Section II of Part A of the Annex to the Feed Materials Directive.

      Control of products intended for animal feed containing undesirable substances
          
      14. —(1) No person shall–

        (a) put into circulation any product intended for animal feed which is specified in column 2 of Schedule 5; or

        (b) use any such product for animal feed,

      if it contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified for it in column 3 of that Schedule.

          (2) No person shall put into circulation, or use as a feeding stuff, any complementary feeding stuff if–

        (a) having regard to the quantity of it recommended for use in a daily ration, it contains any undesirable substance specified in column 1 of Schedule 5 in excess of the level specified for it in column 3 of that Schedule in relation to complete feeding stuffs; and

        (b) there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Schedule.

          (3) No person shall mix any product intended for animal feed which is specified in column 2 of Schedule 5 and which contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified for it in column 3 of that Schedule for the purpose of dilution with any product intended for animal feed.

          (4) No person shall put into circulation any product intended for animal feed or use any such product for animal feed unless it is–

        (a) sound and genuine; and

        (b) of merchantable quality.

          (5) For the purposes of paragraph (4), a product intended for animal feed which is specified in column 2 of Schedule 5 is not sound, genuine and of merchantable quality if it contains any undesirable substance specified in column 1 of that Schedule in excess of the level specified in relation to it in column 3 of that Schedule.

          (6) For the purposes of paragraph (2), "feeding stuff" includes feeding stuffs for oral feeding to animals living freely in the wild and "complementary feeding stuff" and "complete feeding stuff" shall be construed accordingly.

          (7) Paragraph (8) shall apply to any person who has in their possession or control for the purpose of a trade or business 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 a product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Schedule 5.

          (9) Any person who without reasonable excuse fails to comply with a request made under paragraph (8) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

      Control of feeding stuffs containing prohibited materials
          
      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 propagation, or derived by products;

        (d) wood, sawdust or other materials derived from wood which has been treated with wood preservatives as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market[
        28];

        (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[29] 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 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption[30]; or

        (g) packaging and parts of packaging from products used in agriculture or the food industry.

          (2) For the purposes of paragraph (1), "waste" has the meaning given in Article 1 of Council Directive 75/442/EEC on waste[31], as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council.

          (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 establishing a list of materials whose circulation or use for animal nutrition purposes is prohibited[32].

      Control of certain protein sources
           16. —(1) Subject to paragraphs (3) and (4), no person shall sell or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 6, unless that material–

        (a) is named as a permitted product in column 2 of that Schedule; and

        (b) complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 6 of that Schedule.

          (2) Subject to paragraph (3), no person shall sell or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the "Candida" variety cultivated on n alkanes.

          (3) Paragraphs (1) and (2) do not apply in relation to any material or product excluded from application of the Animal Nutrition Directive by Article 16 thereof concerning exports to third countries.

          (4) Paragraph (1) does not apply in the circumstances authorised for derogation by Article 3(2) (concerning scientific or experimental purposes) of the Animal Nutrition Directive.

      Control of the iron content of milk replacer feeds
          
      17. No person shall put into circulation any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12% .

      Control of ash insoluble in hydrochloric acid in compound feeding stuffs
          
      18. —(1) No person shall put into circulation–

        (a) any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter; or

        (b) subject to paragraph (2), any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.

          (2) Paragraph (1)(b) shall not apply to the putting into circulation of any compound feeding stuff which–

        (a) contains permitted mineral binders named or described in the Annex to Commission Directive 2003/57/EC amending Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed[33];

        (b) is a mineral feeding stuff;

        (c) contains more than 50% of sugar beet chips or sugar beet pulp; or

        (d) is intended for farmed fish and has a fish meal content of more than 15% ,

      if the level of ash insoluble in hydrochloric acid is declared in the statutory statement as a percentage of the feeding stuff as such.

      Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement
           19. —(1) No person shall put into circulation any feeding stuff intended for a particular nutritional purpose unless–

        (a) the particular nutritional purpose in question is specified in column 1 of Chapter A of Schedule 7;

        (b) the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;

        (c) the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;

        (d) it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;

        (e) in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 7 are complied with; and

        (f) the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.

          (2) Schedule 7 shall have effect as specified in Schedule 3.

      Control of additives and premixtures
          
      20. —(1) No person shall contravene or fail to comply with the provisions of the Additives Regulation specified in paragraph (2), insofar as they apply to additives and premixtures.

          (2) The provisions referred to in paragraph (1) are–

        (a) Article 3(1) to (4) (placing on the market, processing and use of feed additives), as read with Article 10 (status of existing products);

        (b) Article 12 (supervision); and

        (c) Article 16(1) to (5) (labelling and packaging of feed additives and premixtures).

          (3) In any proceedings for an offence under paragraph (2)(a), it shall be a defence to prove that the act giving rise to the offence–

        (a) is one to which Article 10 of the Additives Regulation applies; and

        (b) would not have constituted an offence under the 2000 Regulations as they were in force immediately before the coming into force of these Regulations.

          (4) In any proceedings for an offence under paragraph (2)(c), it shall be a defence to prove that the act giving rise to the offence–

        (a) is one to which Article 25(2) of the Additives Regulation applies; and

        (b) would not have constituted an offence under the 2000 Regulations as they were in force immediately before the coming into force of these Regulations.

          (5) Notwithstanding the revocation referred to in regulation 7, where before 18th October 2004 initial comments had been forwarded to the Commission in accordance with regulation 11(2) of the 2000 Regulations that application is to be treated as if regulation 11 of those Regulations was still in force.

      Confidential information relating to additives under the 2000 Regulations
          
      21. —(1) Notwithstanding the revocations in regulation 7, no person shall publish or disclose any confidential information that was, prior to the coming into force of these Regulations, obtained under regulation 11 of the 2000 Regulations, otherwise than in accordance with the performance of that person's functions, without the previous consent in writing of–

        (a) the person who, in accordance with that regulation, made an application for a Community authorisation of, or as the case may be, for a new use of, the additive concerned, or

        (b) that person's assignee or successor to ownership of the confidential information.

          (2) In this regulation "confidential information" means information which, if disseminated, could affect industrial and commercial property rights, but excluding information relating to–

          (i) the name and composition of the additive;

          (ii) the physico chemical and biological characteristics of the additive;

          (iii) the interpretation of the pharmacological, toxicological and ecotoxicological data relating to the additive;

          (iv) the analytical methods for monitoring the additive itself and the additive in premixtures, in the feedingstuffs and, where appropriate, in feed materials;

          (v) the methods for testing for residues of the additive or metabolities thereof in animal products.



      PART III

      Enforcement

      Enforcement of provisions made under section 2(2) of the European Communities Act 1972
          
      22. In so far as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision is to be enforced as if it was made under those provisions of Part IV of the Act under which the other provisions of these Regulations are made, and the provisions of that Part shall apply accordingly.

      Modification of section 74A(3) of the Agriculture Act 1970
          
      23. —(1) For the purposes of the enforcement and administration of the provisions specified in paragraph (2), section 74A(3) is to have effect as if for "imposed by regulations under subsection (1) above, or fails to comply with any other provision of the regulations," there was substituted "or fails to comply with any requirement imposed by any provision specified in regulation 23(2) of the Feeding Stuffs (Scotland) Regulations 2005".

          (2) The provisions specified for the purposes of paragraph (1) are regulations 12(1), 13(2) to (9), 14(1) to (4), 15(1), 16(1) and (2), 17, 18(1), 19(1), 20(1) and 21(1).



      PART IV

      Amendment to other legislation

      Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
          
      24. —(1) The Feeding Stuffs (Sampling and Analysis) Regulations 1999[34] are amended in accordance with paragraphs (2) and (3).

          (2) In Schedule 2 (methods of analysis)–

        (a) in Part I (general provisions), sub-paragraph 3(e)(ii) (preparation of the sample for analysis), for "listed in Schedule 7" to the end, substitute "listed in Schedule 5 to the Feeding Stuffs (Scotland) Regulations 2005[35]."; and

        (b) in Annex I (Community methods of analysis) to Part II (methods of analysis), for the second entry for Starch (polarimetric method), substitute–

          (i) in column 2, "Point 1 of Annex I to Directive 72/199/EEC (as replaced entirely by the Annex to Directive 99/79/EC(4)"; and

          (ii) in column 3, "O.J. No. L 123, 29.5.72, p.6. (O.J./SE 1966-1972 supplement p.74). O.J. No. L 209, 7.8.99, p.23.".

          (2) In Schedule 3 (form of certificate of analysis), Part II (notes for completion of certificate), note 11(a), for "Feeding Stuffs (Scotland) Regulations 2000", substitute "Feeding Stuffs (Scotland) Regulations 2005".


      LEWIS MACDONALD
      Authorised to sign on behalf of the Scottish Ministers

      St Andrew's House, Edinburgh
      28th November 2005



      SCHEDULE 1
      Regulation 2(1) and Schedule 3


      METHOD OF CALCULATING THE ENERGY VALUE OF COMPOUND FEEDS


      The energy value of compound poultry, ruminant and pig feeds shall be calculated in accordance with the relevant formulae set out below, on the basis of the percentages of certain analytical components of the feed. After application of these formulae, the results shall be given to one decimal place.

      Poultry feeds: megajoules (MJ) of metabolisable energy (ME), nitrogen corrected, per kilogram of compound feed.

      MJ of ME/kg of feed = 0.1551 × % protein(l) + 0.3431 × % oil(²) + 0.1669 × % starch(³) + 0.1301 × % total sugar (expressed as sucrose)(4).

      Ruminant feeds: megajoules (MJ) of metabolisable energy (ME) per kilogram of dry matter in the compound feed.

      MJ of ME/kg of dry matter = 0.14 × % Neutral detergent Cellulase plus Gamanase Digestibility(5) + 0.25 × % oil(2).

      Pig feeds: megajoules (MJ) of digestible energy (DE) per kilogram of dry matter in the compound feed.

      MJ of DE/kg of dry matter = 17.47 + 0.079 × % protein(¹) + 0.158 × % oil(²) – 0.331 × % ash(6) – 0.140 Neutral Detergent plus Amylase Fibre(5)

      NB Where the results of analysis are to be given on a dry matter basis, this may be achieved by analysing either the dried material, or fresh material and correcting for the moisture content

      (¹) Determined by the method of analysis for protein specified in Point 2 of Annex I to Third Commission Directive 72/199/EC, as last amended by Commission Directive 99/79/EC.

      NB For pig feed the results must be corrected to 100% dry matter.

      (²) Determined by the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Second Commission Directive 71/393/EEC, as last amended by Commission Directive 98/64/EC.

      NB In ruminant and pig feeds the results must be corrected to 100% dry matter.

      (³) Determined by the method of analysis for starch specified in Point 1 of Annex I to Third Commission Directive 72/199/EEC, as last amended by Commission Directive 99/79/EC.

      (4) Determined by the method of analysis for sugar specified in Point 12 of the Annex to First Commission Directive 71/250/EEC( ), as last amended by Commission Directive 1999/27/EC( ).

      (5) Determined by the method detailed in the booklet "Prediction of Energy Values of Compound Feeding Stuffs for Farm Animals" (originally published by the Ministry of Agriculture, Fisheries and Food Publications, now available from the Department of the Environment, Food and Rural Affairs under Reference No. PB1285).

      (6) Determined by the method of analysis for ash specified in Point 5 of the Annex to First Commission Directive 71/250/EEC, as last amended by Commission Directive 1999/27/EC.

      NB The result must be corrected to 100% dry matter.



      SCHEDULE 2
      Regulations 2(1) and 13 Schedule 3 Part I paragraphs 7 and 20


      CONTROL OF FEED MATERIALS




      PART I

      PRINCIPAL PROCESSES USED FOR THE PREPARATION OF THE FEED MATERIALS LISTED IN PART II OF THIS SCHEDULE

                 Process Definition Common name or term
                 (1) (2) (3)
      1 Concentration(¹) Increase in certain contents by removing water or other constituents Concentrate
      2 Decortication(²) Complete or partial removal of outer layers from grains, seeds, fruits, nuts and others Decorticated, partially decorticated
      3 Drying Dehydration by artificial or natural processes Dried (sun or artificially)
      4 Extraction Removal either by organic solvent of fat or oil from certain materials or by aqueous solvent of sugar or other water-soluble components. In the case of the use of organic solvent, the resulting product must be technically free of such solvent Extracted (in the case of oil containing materials), molasses, pulp (in the case of products containing sugar or other water-soluble components)
      5 Extrusion Pressing of material through an orifice under pressure. (See also pregelatinisation) Extruded
      6 Flaking Rolling of moist heat-treated material Flakes
      7 Flour milling Physical processing of grain to reduce particle size and facilitate separation into constituent fractions (principally flour, bran and middlings) Flour, bran, middlings(³), feed
      8 Heating General term covering a number of heat treatments carried out under specific conditions to influence the nutritional value or the structure of the material Toasted, cooked, heat treated
      9 Hydrogenation Transformation of unsaturated glycerides into saturated glycerides (of oils and fats) Hardened, partially hardened
      10 Hydrolysis Breakdown into simpler chemical constituents by appropriate treatment with water and possibly either enzymes or acid/alkali Hydrolysed
      11 Pressing(4) Removal by mechanical extraction (by a screw or other type of press), with or without a slight heating, of fat/oil from oil-rich materials or of juice from fruits or other vegetable products Expeller(5) (in case of oil-containing materials)

      Pulp, pomace (in case of fruits, etc.)

      Pressed pulp (in case of sugar-beet)

      12 Pelleting Special shaping by compression through a die Pellet, pelleted
      13 Pregelatinisation Modification of starch to improve markedly its swelling properties in cold water Pregelatinised(6), puffed
      14 Refining Complete or partial removal of impurities in sugars, oils, fats and other natural materials by chemical/physical treatment Refined, partially refined
      15 Wet-milling Mechanical separation of the component parts of kernel/grain, sometimes after steeping in water, with or without sulphur dioxide, for the extraction of starch Germ, gluten, starch
      16 Crushing Mechanical processing of grain or other feed materials to reduce their size Crushed, crushing
      17 Desugaring Complete or partial removal of mono- and disaccharides from molasses and other material containing sugar by chemical or physical means Desugared, partially desugared

      (¹)In German "Konzentrieren" may be replaced by "Eindicken" where appropriate, in which case the common qualifier should be "eingedickt".

      (²) "Decortication" may be replaced by "dehulling" or "dehusking" where appropriate, in which case the common qualifier should be "dehulled" or "dehusked."

      (³) In French the name "issues" may be used.

      (4) In French "Pressage" may be replaced by "Extraction mécanique" where appropriate.

      (5) Where appropriate the word "expeller" may be replaced by "cake".

      (6) In German the qualifier "aufgeschlossen" and the name "Quellwasser" (referring to starch) may be used.



      PART II

      NON-EXCLUSIVE LIST OF THE MAIN FEED MATERIALS

      INTRODUCTORY NOTES

      Feed materials are listed and named in this Part according to the following criteria:

        – the origin of the product/by-product used, for example vegetable, animal, mineral,

        – the part of the product/by-product used, for example whole, seeds, tubers, bones,

        – the processing to which the product/by-product has been subjected, for example decortication, extraction, heating and/or the resulting product/by-product, for example flakes, bran, pulp, fat.

        – the maturity of the product/by-product and/or the quality of the product/by-product, for example "low in glocosinolate", "rich in fat", "low in sugar".


      1. CEREAL, GRAINS, THEIR PRODUCTS AND BY-PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      1.01 Oats Grains of Avena sativa L. and other cultivars of oats.           
      1.02 Oat flakes Product obtained by steaming and rolling dehusked oats. It may contain a small proportion of oat husks. Starch
      1.03 Oat middlings By-product obtained during the processing of screened, dehusked oats into oat groats and flour. It consists principally of oat bran and some endosperm. Fibre
      1.04 Oat hulls and bran By-product obtained during the processing of screened oats into oat groats. It consists principally of oat hulls and bran. Fibre
      1.05 Barley Grains of Hordeum vulgare L.           
      1.06 Barley middlings By-product obtained during the processing of screened, dehusked barley into pearl barley, semolina or flour. Fibre
      1.07 Barley protein Dried by-product of starch production from barley. It consists principally of protein obtained from starch separation. Protein

      Starch

      1.08 Rice, broken By-product of preparation of polished or glazed rice Oryza sativa L. It consists principally of undersized and/or broken grains. Starch
      1.09 Rice bran (brown) By-product of the first polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ. Fibre
      1.10 Rice bran (white) By-product of the polishing of dehusked rice. It consists principally of particles of the aleurone layer, endosperm and germ. Fibre
      1.11 Rice bran with calcium carbonate By-product of the polishing of dehusked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm and germ; it contains varying amounts of calcium carbonate resulting from the polishing process. Fibre

      Calcium carbonate

      1.12 Fodder meal of parboiled rice By-product of the polishing of dehusked pre-cooked rice. It consists principally of silvery skins, particles of the aleurone layer, endosperm and germ; it contains varying amounts of calcium carbonate resulting from the polishing process. Fibre

      Calcium carbonate

      1.13 Ground fodder rice Product obtained by grinding fodder rice, consisting either of green, chalky or unripe grains, sifted out during the milling of husked rice, or of normal dehusked grains which are yellow or spotted. Starch
      1.14 Rice germ expeller By-product of oil manufacture, obtained by pressing of the germ of rice to which parts of the endosperm and testa still adhere. Protein

      Fat

      Fibre

      1.15 Rice germ, extracted By-product of oil manufacture obtained by extraction of the germ of rice to which parts of the endosperm and testa still adhere. Protein
      1.16 Rice starch Technically pure rice starch. Starch
      1.17 Millet Grains of Panicum miliaceum L.           
      1.18 Rye Grains of Secale cereale L.           
      1.19 Rye Middlings(¹) By-product of flour manufacture, obtained from screened rye. It consists principally of particles of endosperm, with fine fragments of the outer skins and some grain waste. Starch
      1.20 Rye feed By-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which less of the endosperm has been removed than in rye bran. Starch
      1.21 Rye bran By-product of flour manufacture, obtained from screened rye. It consists principally of fragments of the outer skins, and of particles of grain from which most of the endosperm has been removed. Fibre
      1.22 Sorghum Grains of Sorghum bicolor (L.) Moench s.l.           
      1.23 Wheat Grains of Triticum aestivum (L.), Triticum durum Desf. and other cultivars of wheat.           
      1.24 Wheat middlings(²) By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of particles of endosperm with fine fragments of the outer skins and some grain waste. Starch
      1.25 Wheat feed By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in wheat bran. Fibre
      1.26 Wheat Bran(³) By-product of flour manufacture, obtained from screened grains of wheat or dehusked spelt. It consists principally of fragments of the outer skins and of particles of grain from which the greater part of the endosperm has been removed. Fibre
      1.27 Wheat germ By-product of flour milling consisting essentially of wheat germ, rolled or otherwise, to which fragments of endosperm and outer skin may still adhere. Protein

      Fat

      1.28 Wheat gluten Dried By-product of the manufacture of wheat starch. It consists principally of gluten obtained during the separation of starch. Protein
      1.29 Wheat gluten feed By-product of the manufacture of wheat starch and gluten. It is composed of bran, from which the germ has been partially removed or not, and gluten, to which very small amounts of the components of the screening of the grain as well as a very small amount of residues of the starch hydrolysis process may be added. Protein

      Starch

      1.30 Wheat starch Technically pure starch obtained from wheat. Starch
      1.31 Pre-gelatinised wheat starch Product consisting of wheat starch largely expanded by heat treatment. Starch
      1.32 Spelt Grains of spelt Triticum spelta L., Tricicum dioccum Schrank, Triticum monococcum.           
      1.33 Triticale Grains of Triticum X Secale hybrid.           
      1.34 Maize Grains of Zea mays L.           
      1.35 Maize middlings(4) By-product of the manufacture of flour or semolina from maize. It consists principally of fragments of the outer skins and of particles of grain from which less of the endosperm has been removed than in maize bran. Fibre
      1.36 Maize bran By-product of the manufacture of flour or semolina from maize. It consists principally of outer skins and some maize germ fragments, with some endosperm particles. Fibre
      1.37 Maize germ expeller By-product of oil manufacture, obtained by pressing of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere. Protein

      Fat

      1.38 Maize germ, extracted By-product of oil manufacture, obtained by extraction of dry or wet processed maize germ to which parts of the endosperm and testa may still adhere. Protein
      1.39 Maize gluten feed(5) By-product of the wet manufacture of maize starch. It is composed of bran and gluten, to which the broken maize obtained from screening at an amount no greater than 15% of the product and/or the residues of the steeping liquor used for the production of alcohol or other starch-derived products, may be added. The product may also include residues from the oil extraction of maize germs obtained also by a wet process. Protein

      Starch

      Fat, if > 4.5%

      1.40 Maize gluten Dried By-product of the manufacture of maize starch. It consists principally of gluten obtained during the separation of the starch. Protein
      1.41 Maize starch Technically pure starch obtained from maize Starch
      1.42 Pre-gelatinised maize starch(6) Product consisting of maize starch largely expanded by heat treatment. Starch
      1.43 Malt culms By-product of malting, consisting mainly of dried rootlets of germinated cereals. Protein
      1.44 Brewers'dried grains By-product of brewing obtained by drying residues of malted and unmalted cereals and other starchy products. Protein
      1.45 Distillers' dried grains(7) By-product of alcohol distilling obtained by drying solid residues of fermented grain. Protein
      1.46 Distillers' dark grains(8) By-product of alcohol distilling obtained by drying solid residues of fermented grain to which pot ale syrup or evaporated spent wash has been added. Protein

      (¹) Products containing more than 40% starch may be qualified as "rich in starch". They may be referred to in German as "Roggennachmehl".

      (²) Products containing more than 40% starch may be qualified as "rich in starch". They may be referred to in German as "Weizennachmehl".

      (³) If this ingredient has been subjected to a finer milling the word "fine" may be added to the name or the name may be replaced by a corresponding denomination.

      (4) Products containing more than 40% starch may be named as "rich in starch". They may be referred to in German as "Maisnachmehl".

      (5) This name may be replaced by "corn gluten feed".

      (6) This name may be replaced by "extruded maize starch".

      (7) The name may be supplemented by the grain species.

      (8) This name may be replaced by "distillersŐ dried grains and solubles". The name may be supplemented by the grain species.


      2. OIL SEEDS, OIL FRUITS, THEIR PRODUCTS AND BY-PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      2.01 Groundnut, partially decorticated, expeller By-product of oil manufacture, obtained by pressing of partially decorticated groundnuts Arachis hypogaea L. and other species of Arachis. (Maximum fibre content 16% in the dry matter) Protein

      Fat

      Fibre

      2.02 Groundnut, partially decorticated, extracted By-product of oil manufacture, obtained by extraction of partially decorticated groundnuts. (Maximum fibre content 16% in the dry matter) Protein

      Fibre

      2.03 Groundnut, decorticated, expeller By-product of oil manufacture, obtained by pressing of decorticated groundnuts Protein

      Fat

      Fibre

      2.04 Groundnut, decorticated, extracted By-product of oil manufacture, obtained by extraction of decorticated groundnuts Protein

      Fibre

      2.05 Rape seed(¹) Seeds of rape Brassica napus L. ssp. oleifera (Metzg.) Sinsk., of Indian sarson Brassica napus L. Var. Glauca (Roxb.) O.E. Schulz and of rape Brassica napa ssp. oleifera (Metzg). Sinsk. (Minimum botanical purity 94% ).           
      2.06 Rape seed, expeller(¹) By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94% ). Protein

      Fat

      Fibre

      2.07 Rape seed, extracted(¹) By-product of oil manufacture, obtained by extraction of seeds of rape. (Minimum botanical purity 94% ) Protein
      2.08 Rape seed hulls By-product obtained during dehulling of rape seeds Fibre
      2.09 Safflower seed, partially decorticated, extracted By-product of oil manufacture, obtained by extraction of partially decorticated seeds of safflower Carthamus tinctorius L. Protein

      Fibre

      2.10 Copra expeller By-product of oil manufacture, obtained by pressing the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm Cocos nucifera L. Protein

      Fat

      Fibre

      2.11 Copra, extracted By-product of oil manufacture, obtained by extraction of the dried kernel (endosperm) and outer husk (tegument) of the seed of the coconut palm. Protein
      2.12 Palm kernel expeller By-product of oil manufacture, obtained by pressing of palm kernels Elaeis guineensis Jacq. Corozo oleifera (HBK) L. H. Bailey (Elaeis melanocca auct.) from which as much as possible of the hard shell has been removed. Protein

      Fibre

      Fat

      2.13 Palm kernel, extracted By-product of oil manufacture, obtained by extraction of palm kernels from which as much as possible of the hard shell has been removed. Protein

      Fibre

      2.14 Soya (bean), toasted Soya beans (Glycine max. L. Merr.) subjected to an appropriate heat treatment. (Urease activity maximum 0.4 mg N/g × min.)           
      2.15 Soya (bean), extracted, toasted By-product of oil manufacture, obtained from soya beans after extraction and appropriate heat treatment. (Urease activity maximum 0.4mg N/g × min.) Protein

      Fibre, if > 8%

      2.16 Soya (bean), dehulled, extracted, toasted By-product of oil manufacture, obtained from dehulled soya beans after extraction and appropriate heat treatment. (Maximum fibre content 8% in the dry matter). (Urease activity maximum 0.5mg N/g × min.) Protein
      2.17 Soya (bean) protein concentrate Product obtained from dehulled, fat extracted soya beans, subjected to a second extraction to reduce the level of nitrogen-free extract. Protein
      2.18 Vegetable oil(²) Oil obtained from plants Moisture, if > 1% .
      2.19 Soya (bean) hulls By-product obtained during dehulling of soya beans. Fibre
      2.20 Cotton seed Seeds of cotton Gossypium spp. from which the fibres have been removed. Protein

      Fibre

      Fat

      2.21 Cotton seed, partially decorticated, extracted By-product of oil manufacture, obtained by extraction of seeds of cotton from which the fibres and part of the husks have been removed. (Maximum fibre 22.5% in the dry matter). Protein

      Fibre

      2.22 Cotton seed expeller By-product of oil manufacture, obtained by pressing of seeds of cotton from which the fibres have been removed. Protein

      Fibre

      Fat

      2.23 Niger seed expeller By-product of oil manufacture, obtained by pressing of seeds of the niger plant Guizotia abyssinica (Lf) Cass. (Ash insoluble in HCl: maximum 3.4% ) Protein

      Fat

      Fibre

      2.24 Sunflower seed Seeds of the sunflower Helianthus annuus L.           
      2.25 Sunflower seed, extracted By-product of oil manufacture, obtained by extraction of seeds of the sunflower. Protein
      2.26 Sunflower seed, partially decorticated, extracted By-product of oil manufacture, obtained by extraction of seeds of the sunflower from which part of the husks has been removed. (Maximum fibre 27.5% in the dry matter) Protein

      Fibre

      2.27 Linseed Seeds of linseed Linum usitatissimum L. (Minimum botanical purity 93% )           
      2.28 Linseed expeller By-product of oil manufacture, obtained by pressing of linseed. (Minimum botanical purity 93% ) Protein

      Fat

      Fibre

      2.29 Linseed, extracted By-product of oil manufacture, obtained by extraction of linseed. (Minimum botanical purity 93% ) Protein
      2.30 Olive pulp By-product of oil manufacture, obtained by extraction of pressed olives Olea europea L. separated as far as possible from parts of the kernel Protein

      Fibre

      2.31 Sesame seed expeller By-product of oil manufacture, obtained by pressing of seeds of the sesame plant Sesamum indicum L. (Ash insoluble in HCl: maximum 5% ) Protein

      Fibre

      Fat

      2.32 Cocoa bean, partially decorticated, extracted By-product of oil manufacture, obtained by extraction of dried and roasted cocoa beans Theobroma cacao L. from which part of the husks has been removed. Protein

      Fibre

      2.33 Cocoa husks Teguments of the dried and roasted beans of Theobroma cacao L. Fibre

      (¹) Where appropriate the indication "low in glucosinolate" may be added. "Low in glucosinolate" has the meaning given in Community legislation.

      (²) The name must be supplemented by the plant species.


      3. LEGUME SEEDS, THEIR PRODUCTS AND BY PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      3.01 Chick peas Seeds of Cicer arietinum L.           
      3.02 Guar meal, extracted By-product obtained after extraction of the mucilage from seeds of Cyanopsis tetragonoloba (L.) Taub Protein
      3.03 Ervil Seeds of Ervum ervilia L.           
      3.04 Chickling vetch(¹) Seeds of Lathyrus sativus L. submitted to an appropriate heat treatment           
      3.05 Lentils Seeds of Lens culinaris a.o. Medik           
      3.06 Sweet lupins Seeds of Lupinus spp. low in bitter seed content.           
      3.07 Beans, toasted Seeds of Phaseolus or Vigna spp. submitted to an appropriate heat treatment to destroy toxic lectines.           
      3.08 Peas Seeds of Pisum ssp.           
      3.09 Pea middlings By-product obtained during the manufacture of pea-flour. It consists principally of particles of cotyledon, and to a lesser extent, of skins. Protein

      Fibre

      3.10 Pea bran By-product obtained during the manufacture of pea meal. It is composed mainly of skins removed during the skinning and cleaning of peas. Fibre
      3.11 Horse beans Seeds of Vicia faba L. spp. faba var. equina Pers. and var. minuta (Alef.) Mansf.           
      3.12 Monantha vetch Seeds of Vicia monanthos Desf.           
      3.13 Vetches Seeds of Vicia sativa L. var. sativa and other varieties           

      (¹) This name must be supplemented by an indication of the nature of the heat treatment.

      4. TUBERS, ROOTS, THEIR PRODUCTS AND BY-PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      4.01 (Sugar) beet pulp By-product of the manufacture of sugar, consisting of extracted and dried pieces of sugar beet Beta vulgaris L. ssp. vulgaris var. altissima Doell. (Maximum content of ash insoluble in HCl: 4.5% of dry matter). Content of ash insoluble in HCl, if > 3.5% of dry matter.

      Total sugar calculated as sucrose, if > 10.5% .

      4.02 (Sugar) beet molasses By-product consisting of the syrupy residue collected during the manufacture or refining of beet sugar. Total sugar calculated as sucrose.

      Moisture, if > 28% .

      4.03 (Sugar) beet pulp, molassed By-product of the manufacture of sugar comprising dried sugar-beet pulp, to which molasses have been added. (Maximum content of ash insoluble in HCl: 4.5% of dry matter). Total sugar calculated as sucrose.

      Content of ash insoluble in HCl, if > 3.5% of dry matter

      4.04 (Sugar) beet vinasse By-product obtained after the fermentation of beet molasses in the production of alcohol, yeast, citric acid and other organic substances Protein

      Moisture, if > 35%

      4.05 (Beet) sugar(¹) Sugar extracted from sugar beet Sucrose
      4.06 Sweet potato Tubers of Ipomoea batatas (L.) Poir, regardless of their presentation Starch
      4.07 Manioc (²) Roots of Manibot esculenta Crantz, regardless of their presentation. (Maximum content of ash insoluble in HCl: 4.5% of dry matter) Starch

      Content of ash insoluble in HCl, if > 3.5% of dry matter

      4.08 Manioc starch(³), puffed Starch obtained from manioc roots, greatly expanded by appropriate heat treatment. Starch
      4.09 Potato pulp By-product of the manufacture of potato starch (Solanum tuberosum L.)           
      4.10 Potato starch Technically pure potato starch. Starch
      4.11 Potato protein Dried By-product of starch manufacture composed mainly of protein substances obtained after the separation of starch. Protein
      4.12 Potato flakes Product obtained by rotary drying of washed, peeled or unpeeled steamed potatoes. Starch

      Fibre

      4.13 Potato juice condensed By-product of the manufacture of potato starch from which proteins and water have been partly removed. Protein

      Ash

      4.14 Pre-gelatinised potato starch Product consisting of potato starch largely solubilised by heat treatment Starch

      (¹) This name may be replaced by "sucrose".

      (²) This name may be replaced by "tapioca".

      (³) This name may be replaced by "tapioca starch".


      5. OTHER SEEDS AND FRUITS, THEIR PRODUCTS AND BY-PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      5.01 Carob pods Product obtained by crushing the dried fruits (pods) of the carob tree Ceratonia seliqua L., from which the locust beans have been removed. Fibre
      5.02 Citrus pulp By-product obtained by pressing citrus fruit Citrus ssp. during the production of citrus juice. Fibre
      5.03 Fruit pulp (¹) By-product obtained by pressing pomaceous or stone fruit during the production of fruit juice. Fibre
      5.04 Tomato pulp By-product obtained by pressing tomatoes Solanum lycopersicum Karst. during the production of tomato juice Fibre
      5.05 Grape pips, extracted By-product obtained during the extraction of oil from grape pips Fibre, if > 45%
      5.06 Grape pulp Grape pulp dried rapidly after the extraction of alcohol from which as much as possible of the stalks and pips have been removed Fibre, if > 25%
      5.07 Grape pips Pips extracted from grape pulp, from which the oil has not been removed Fat

      Fibre, if > 45%


      (¹) The name maybe supplemented by the fruit species.


      6. FORAGES AND ROUGHAGE
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      6.01 Lucerne meal(¹) Product obtained by drying and milling young lucerne Medicago sativa L. and Medicago var. Martyn. It may contain up to 20% young clover or other forage crops dried and milled at the same time as the lucerne Protein

      Fibre

      Ash insoluble in HCl, if > 3.5% of dry matter

      6.02 Lucerne pomace Dried By-product obtained by pressing of the juice from lucerne Protein
      6.03 Lucerne protein concentrate Product obtained by artificially drying fractions of lucerne press juice, which has been centrifuged and heat treated to precipitate the proteins Carotene

      Protein

      6.04 Clover meal(¹) Product obtained by drying and milling young clover Trifolium spp. It may contain up to 20% young lucerne or other forage crops dried and milled at the same time as the clover Protein

      Fibre

      Ash insoluble in HCl, if > 3.5% of dry matter

      6.05 Grass meal(¹)(²) Product obtained by drying and milling young forage plants Protein

      Fibre

      Ash insoluble in HCl, if > 3.5% of dry matter

      6.06 Cereals straw(³) Straw of cereals           
      6.07 Cereals straw, treated(4) Product obtained by an appropriate treatment of cereals straw Sodium, if treated with NaOH

      (¹) The term "meal" may be replaced by "pellets". The method of drying may be added to the name.

      (²) The species of forage crop may be added to the name.

      (³) The cereal species must be indicated in the name.

      (4) The name must be supplemented by an indication of the nature of the chemical treatment carried out.


      7. OTHER PLANTS, THEIR PRODUCTS AND BY-PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      7.01 (Sugar) cane molasses By-product consisting of the syrupy residue collected during the manufacture or refining of sugar from sugar cane Saccharum officinarum L. Total sugar calculated as sucrose

      Moisture, if > 30%

      7.02 (Sugar) cane vinasse By-product obtained after the fermentation of cane molasses in the production of alcohol, yeast, citric acid or other organic substances. Protein

      Moisture, if > 35%

      7.03 (Cane) sugar(¹) Sugar extracted from sugar cane Sucrose
      7.04 Seaweed meal Product obtained by drying and crushing seaweed, in particular brown seaweed. This product may have been washed to reduce the iodine content. Ash

      (¹) This name may be replaced by "sucrose".


      8. MILK PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      8.01 Skimmed-milk powder Product obtained by drying milk from which most of the fat has been separated. Protein

      Moisture, if > 5%

      8.02 Buttermilk powder Product obtained by drying the liquid which remains after butter churning. Protein

      Fat

      Lactose

      Moisture, if > 6%

      8.03 Whey powder Product obtained by drying the liquid which remains after cheese, quark and casein making or similar processes. Protein

      Lactose

      Moisture, if > 8%

      Ash

      8.04 Whey powder, low in sugar Product obtained by drying whey from which the lactose has been partly removed. Protein

      Lactose

      Moisture, if > 8%

      Ash

      8.05 Whey protein powder(¹) Product obtained by drying the protein compounds extracted from whey or milk by chemical or physical treatment Protein

      Moisture, if > 8%

      8.06 Casein powder Product obtained from skimmed milk or buttermilk by drying casein precipitated by means of acids or rennet. Protein

      Moisture, if > 10%

      8.07 Lactose powder The sugar separated from milk or whey by purification and drying. Lactose

      Moisture, if > 5% .


      (¹) This name may be replaced by "milk albumin powder".


      9. LAND ANIMAL PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      9.01 Meat meal(¹) Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content (minimum protein content 50% in dry matter). (Maximum total phosphorus content: 8% ) Protein

      Fat

      Ash

      Moisture, if > 8%

      9.02 Meat-and-bone meal(¹) Product obtained by heating, drying and grinding whole or parts of warm-blooded land animals from which the fat may have been partially extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content Protein

      Fat

      Ash

      Moisture, if > 8%

      9.03 Bone meal Product obtained by heating, drying and finely grinding bones of warm-blooded land animals from which the fat has been largely extracted or physically removed. The product must be substantially free of hooves, horn, bristle, hair and feathers, as well as digestive tract content Protein

      Ash

      Moisture, if > 8%

      9.04 Greaves Residual product of the manufacture of tallow, lard and other extracted or physically removed fats of animal origin Protein

      Fat

      Moisture, if > 8%

      9.05 Poultry meal(¹) Product obtained by heating, drying and grinding by-products from slaughtered poultry. The product must be substantially free of feathers Protein

      Fat

      Ash

      Ash insoluble in HCl > 3.3%

      Moisture, if > 8%

      9.06 Feather meal, hydrolysed Product obtained by hydrolysing, drying and grinding poultry feathers Protein

      Ash insoluble in HCl if > 3.4%

      Moisture, if > 8%

      9.07 Blood meal Product obtained by drying the blood of slaughtered warm-blooded animals. The product must be substantially free of foreign matter Protein

      Moisture, if > 8%

      9.08 Animal fat(²) Product composed of fat from warm-blooded land animals Moisture, if > 1%

      (¹) Products containing more than 13% fat in the dry matter must be qualified as "rich in fat".

      (²) This name may be supplemented by a more accurate description of the type of animal fat depending on its origin or production process (tallow, lard, bone fat, etc.).


      10. FISH, OTHER MARINE ANIMALS, THEIR PRODUCTS AND BY-PRODUCTS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      10.01 Fish meal(¹) Product obtained by processing whole or parts of fish from which part of the oil may have been removed and to which fish solubles may have been re-added. Protein

      Fat

      Ash, if > 20%

      Moisture, if > 8%

      10.02 Fish solubles, condensed Product obtained during manufacture of fish meal which has been separated and stabilised by acidification or drying. Protein

      Fat

      Moisture, if > 5%

      10.03 Fish oil Oil obtained from fish or parts of fish. Moisture, if > 1%
      10.04 Fish oil, refined, hardened Oil obtained from fish or parts of fish which has been refined and subjected to hydrogenation. Iodine number

      Moisture, if > 1%


      (¹) Products containing more than 75% protein in the dry matter may be qualified as "rich in protein".


      11. MINERALS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      11.01 Calcium carbonate(¹) Product obtained by grinding sources of calcium carbonate, such as limestone, oyster or mussel shells, or by precipitation from acid solution. Calcium

      Ash insoluble in HCl if > 5%

      11.02 Calcium and magnesium carbonate Natural mixture of calcium carbonate and magnesium carbonate Calcium

      Magnesium

      11.03 Calcareous marine algae (Maerl) Product of natural origin obtained from calcareous algae, ground or granulated. Calcium

      Ash insoluble in HCl, if > 5%

      11.04 Magnesium oxide Technically pure magnesium oxide (MgO) Magnesium
      11.05 Magnesium sulphate Technically pure magnesium sulphate (MgSO4.7H2O) Magnesium

      Sulphur

      11.06 Dicalcium phosphate(²) Precipitated calcium monohydrogen phosphate from bones or inorganic sources (CaHPO4.xH7sub2;O) Calcium

      Total phosphorus

      11.07 Mono-dicalcium phosphate Product obtained chemically and composed of equal parts of dicalcium phosphate and mono-calcium phosphate (CaHPO4-Ca(H2PO4)2.H2O) Total phosphorus

      Calcium

      11.08 Defluorinated rock-phosphate Product obtained by grinding purified and appropriately defluorinated natural phosphates. Total phosphorus

      Calcium

      11.09 Degelatinised bone meal Degelatinsed, sterilised and ground bones from which the fat has been removed Total phosphorus

      Calcium

      11.11 Calcium-magnesium phosphate Technically pure calcium-magnesium phosphate Calcium

      Magnesium

      Total phosphorus

      11.12 Mono-ammonium phosphate Technically pure mono-ammonium phosphate (NH4H2PO4) Total nitrogen

      Total phosphorus

      11.13 Sodium chloride(¹) Technically pure sodium chloride or product obtained by grinding natural sources of sodium chloride, such as (rock) and (marine) salt Sodium
      11.14 Magnesium propionate Technically pure magnesium propionate Magnesium
      11.15 Magnesium phosphate Product consisting of technically pure (dibasic) magnesium phosphate (MgHPO4.xH2O) Total phosphorus

      Magnesium

      11.16 Sodium-calcium-magnesium phosphate Product consisting of sodium-calcium-magnesium phosphate Total phosphorus

      Magnesium

      Calcium Sodium

      11.17 Mono-sodium phosphate Technically pure mono-sodium phosphate (NaH2PO.H2O) Total phosphorus

      Sodium

      11.18 Sodium bicarbonate Technically pure sodium bicarbonate (NaHCO7sub3;) Sodium

      (¹) The nature of the source may be indicated additionally in the name or replace it.

      (²) The manufacturing process may be included in the name.


      12. MISCELLANEOUS
      Number Name Description Compulsory declarations
      (1) (2) (3) (4)
      12.01 Bakery and pasta products and by-products(¹) Product or By-product obtained from the manufacture of bread, including fine bakers' wares, biscuits or pasta Starch

      Total sugar calculated as sucrose

      12.02 Confectionery products and by-products(¹) Product or By-product obtained from the manufacture of confectionery including chocolate Total sugar calculated as sucrose
      12.03 Products and by-products of pastry and ice-cream making(¹) Product or By-product obtained from the manufacture of pastry, cakes or ice-cream. Starch

      Total sugar expressed as sucrose

      Fat

      12.04 Fatty acids By-product obtained during the deacidification, by means of lye or by distillation of oils and fats of unspecified vegetable or animal origin. Fat

      Moisture, if > 1%

      12.05 Salts of fatty acids(²) Product obtained by saponification of fatty acids with calcium, sodium or potassium hydroxide. Fat

      Ca (or Na or K, when appropriate)


      (¹) The name may be amended or supplemented to specify the agri-food process from which the feed material was obtained.

      (²) The name may be supplemented by an indication of the salt obtained.



      PART III

      OTHER FEED MATERIALS

      Feed material Compulsory declaration
      (1) (2)
      1. Cereal grains           
      2. Products and by-products of cereal grains Starch, if > 20%

      Protein, if > 10%

      Fat, if >5%

      Fibre

      3. Oil seeds, oil fruits           
      4. Products and by-products of oil seeds, oil fruits Protein, if > 10%

      Fat, if >5%

      Fibre

      5. Legume seeds           
      6. Products and by-products of legume seeds Protein, if > 10%

      Fibre

      7. Tubers, roots           
      8. Products and by-products of tubers and roots Starch

      Fibre

      Ash insoluble in HCl, if > 3.5%

      9. Other products and by-products of the sugar beet processing industry Fibre, if > 15%

      Total sugar, calculated as sucrose

      Ash insoluble in HCl, if > 3.5%

      10. Other seeds and fruits, their products and by-products Protein

      Fibre

      Fat, if > 10%

      11. Forages and roughage Protein, if > 10%

      Fibre

      12. Other plants, their products and by-products Protein, if > 10%

      Fibre

      13. Products and by-products of the sugar cane processing industry Fibre, if > 15%

      Total sugar calculated as sucrose

      14. Milk products and by-products Protein

      Moisture, if > 5%

      Lactose, if > 10%

      15. Land animal products Protein, if > 10%

      Fat, if > 5%

      Moisture, if > 8%

      16. Fish, other marine animals, their products and by-products Protein, if > 10%

      Fat, if > 5%

      Moisture, if > 8%

      17. Minerals Relevant minerals
      18. Miscellaneous Protein, if > 10%

      Fibre

      Fat, if > 10%

      Starch, if > 30%

      Total sugar, calculated as sucrose, if > 10%




      SCHEDULE 3
      Regulation 8


      CONTENTS OF THE STATUTORY STATEMENT OR OTHER DECLARATION (EXCEPT FOR ADDITIVES AND PREMIXTURES NOT CONTAINED IN FEEDING STUFFS)




      PART I

      Interpretation
           1. The expression "in the case of any compound feeding stuff", wherever it appears in this Schedule, shall be construed as referring to any compound feeding stuff which is put into circulation.

      Additive declarations (applicable to all feeding stuffs)
           2. Where any person puts into circulation any feeding stuff to which there has been added in the course of manufacture or preparation for put