S.I. No. 261/1993:

EUROPEAN COMMUNITIES (MARKETING OF FEEDINGSTUFFS) (AMENDMENT) REGULATIONS, 1993.

EUROPEAN COMMUNITIES (MARKETING OF FEEDINGSTUFFS) (AMENDMENT) REGULATIONS, 1993.

I, JOE WALSH, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purposes of giving effect to Commission Decision 92/508/EEC of 20 October 1992,⁽¹⁾ Commission Directive 92/87/EEC of 26 October 1992,⁽²⁾ and Commission Directive 92/89/EEC of 3 November, 1992⁽³⁾ and for the purposes of giving further effect to Council Directive 79/373/EEC of 2 April, 1979⁽⁴⁾ as amended, hereby make the following Regulations.

⁽¹⁾O.J. No. L. 312, 29.10.1992, p. 36.

⁽²⁾O.J. No. L. 319, 4.11.1992, p. 19.

⁽³⁾O.J. No. L. 344,26.11.1992, p. 35.

⁽⁴⁾O.J. No. L. 86, 6.4.1979, p. 30.

1. (1) These Regulations may be cited as the European Communities (Marketing of Feedingstuffs) (Amendment) Regulations, 1993.

(2) The European Communities (Marketing of Feedingstuffs) Regulations, 1984 to 1992 and these Regulations may be cited together as the European Communities (Marketing of Feedingstuffs) Regulations, 1984 to 1993.

(3) Regulations 3 (d) of these Regulations shall come into operation on the 1st day of October, 1993.

2. In these Regulations

"the Regulations of 1984" means the European Communities (Marketing of Feedingstuffs) Regulations, 1984 ( S.I. No. 200 of 1984 );

"the Regulations of 1992" means the European Communities (Marketing of Feedingstuffs) (Amendment) Regulations, 1992 ( S.I. No. 143 of 1992 ).

3. The Regulations of 1984 are hereby amended by--

( a ) the substitution in Regulation 2 (1) (inserted by the Regulations of 1992) of the following definition for the definition of "the Directive of 1979";

"the Directive of 1979" means Council Directive No. 79/373/EEC of 2 April, 1979⁽¹⁾ as amended by--

Commission Directive 80/511/EEC of 2 May, 1980,⁽²⁾

Commission Directive 82/475/EEC of 23 June, 1983,⁽³⁾

Commission Directive 86/174/EEC of 9 April, 1986,⁽⁴⁾

Council Directive 86/354/EEC of 21 July, 1986,⁽⁵⁾

Council Directive 90/44/EEC of 22 January, 1990,⁽⁶⁾

Commission Directive 91/334/EEC of 6 June, 1991,⁽⁷⁾

Commission Directive 91/357/EEC of 13 June, 1991,⁽⁸⁾

Commission Decision 91/516/EEC of 9 September, 1991,⁽⁹⁾

Council Directive 91/681/EEC of 19 December, 1991,⁽¹⁰⁾

Commission Decision 92/508/EEC of 20 October, 1992,⁽¹¹⁾

⁽¹⁾O.J. No. L. 86, 6.4.1979, p. 30.

⁽²⁾O.J. No. L. 126, 21.5.1980, p. 14.

⁽³⁾O.J. No. L. 213, 21.7.1982, p. 27.

⁽⁴⁾O.J. No. L. 130, 16.5.1986, p. 53.

⁽⁵⁾O.J. No. L. 212, 2.8.1986, p. 27.

⁽⁶⁾O.J. No. L. 27. 31.1.1990, p. 35.

⁽⁷⁾O.J. No. L. 184, 10.7.1991, p. 27.

⁽⁸⁾O.J. No. L. 193, 17.7.1991, p. 34.

⁽⁹⁾O.J. No. L. 281, 9.10.1991, p. 23.

⁽¹⁰⁾O.J. No. L. 376, 31.12.1991, p. 20.

⁽¹¹⁾O.J. No. L. 312, 29.10.1992, p. 36.

Commission Directive 92/87/EEC of 26 October, 1992,⁽¹⁾ and

Commission Directive 92/89/EEC of 3 November, 1992,⁽²⁾.

⁽¹⁾O.J. No. L. 319, 4.11.1992, p. 19.

⁽²⁾O.J. No. L. 344, 26.11.1992, p. 35.

( b ) by the addition of the following subparagraph in paragraph (1) of Regulation 6 (inserted by the Regulations of 1992):

"and

( d ) the provisions of Part A of the Seventh Schedule to these Regulations.";

( c ) by the substitution of the following Regulation for Regulation 9A (inserted by the Regulations of 1992):

"9A (1) Subject to paragraphs (2) and (3) of this Regulation, where a declaration of the ingredients in a compound feedingstuff is given in accordance with Regulations 8A (1) (g) and 9 (2) (g) of these Regulations, all the ingredients of such feedingstuffs shall be shown on the label.

(2) Where the feedingstuff is a compound feedingstuff intended for animals other than pets, the ingredients shall be listed in descending order of their respective weights.

(3) Subject to paragraph (7) of this Regulation, where the feedingstuff is a compound feedingstuff intended for pets, the ingredients shall be listed either by--

( a ) listing the ingredients and specifying their weight, or

( b ) listing the ingredients in descending order of their respective weights.

(4) Subject to paragraphs (5) and (6) of this Regulation, the ingredients shall be described either by their specific names or, where an ingredient complies with the definition of a category specified in the Sixth Schedule to these Regulations, by the name of that category.

(5) Only one or other form of description may be used to fulfil the requirements of paragraph (4) of this Regulation, however, if one of the ingredients in a compound feedingstuff does not comply with any of the definitions of the categories specified in the Sixth Schedule to these Regulations, that ingredient shall, subject to paragraph (6) of this regulation, be listed by its specific name, in the space reserved for the labelling particulars, in order of its proportion by weight in relation to the said listed categories.

(6) In the case of compound feedingstuffs intended for animals other than pets, the ingredients listed at Part B of the Seventh Schedule to these Regulations may be declared, on the packaging, on the container or on a label attached thereto, only under the names specified therein, and on condition that they correspond to the descriptions given therein and any compositional requirements which may be laid down.

(7) The labelling of compound feedingstuffs for pets in accordance with paragraph (3) of this Regulation may also draw particular attention to the presence or low content of one or more ingredients which are essential aspects of the characteristics of the feedingstuffs. In such a case, the minimum or maximum content, expressed in terms of percentage by weight of the ingredients incorporated, must be clearly indicated either opposite the declaration drawing special attention to the ingredients or in the list of ingredients or by mentioning the ingredients and the percentages by weight concerned opposite the corresponding category of ingredients."

( d ) the deletion of Part II of the First Schedule (inserted by the Regulation of 1992) and the insertion of the following Part therefor

"FIRST SCHEDULE

Part II

List of prohibited ingredients

1. Faeces, urine as well as separated digestive tract content resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture.

2. Treated hide, including leather and their waste.

3. Seeds and other plant propogating materials which, after harvest, have undergone specific treatment with plant protection products for their intended use (propagation), and any derived by-products.

4. Wood, sawdust and other materials derived from wood treated with wood protection products.

5. Sludge from sewage plants treating waste waters.

6. Solid urban waste, such as household waste.

7. Untreated waste from eating places, excluding foodstuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness.

8. The packaging and parts of packaging from the use of products from the agri-food industry".

( e ) the insertion of the following Schedule:

"SEVENTH SCHEDULE

PART A

General

I. Explanatory notes:

1. Ingredients are listed and named in Part B according to the following criteria:

-- the origin of the product/by-product, e.g. vegetable, animal, mineral,

-- -the part of the product/by-product used, e.g. whole seeds, tubers, bones,

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

--the maturity of the product/by-product and/or the quality of the product/by-product, e.g. "low in glucosinolate", "rich in fat", "low in sugar".

2. The list is divided into 12 chapters:

1. Cereals grains, their products and by-products;

2. Oil seeds, oil fruits, their products and by-products;

3. Legume seeds, their products and by-products;

4. Tubers, roots, their products and by-products;

5. Other seeds and fruits, their products and by-products;

6. Forages and roughages;

7. Other plants, their products and by-products;

8. Milk products;

9. Land animal products;

10. Fish, other marine animals, their products and by-products;

11. Minerals;

12. Miscellaneous.

II. Provisions regarding botanical purity:

1. The botanical purity of the products and by-products listed in Part B shall not be less than 95 per cent, unless a different level has been laid down in Part B.

2. The following are considered as being botanical impurities;

( a ) natural but innocuous impurities (e.g. straw and straw waste, seeds of other cultivated species or weeds);

( b ) harmless residues of other oil seeds or oleaginous fruit derived from a previous manufacturing process, the level of which does not exceed 0.5 per cent.

3. The levels indicated refer to the weight of the product as such.

III. Provisions regarding naming.

Where the name of an ingredient includes a word or words in brackets, the bracketed word(s) may be included or omitted as an option; e.g. soya (bean) oil may be declared as soya bean oil or soya oil.

IV. Provisions regarding the glossary.

The glossary given below refers to main processes used for the preparation of ingredients mentioned in Part B of the Annex. When the names of these ingredients include a common name or term from this glossary, the process to be used must be in accordance with the given definition.

*"Decortication" may be replaced by "dehulling" or "dehusking" if appropriate. Therefore the common name/term should be "dehulled" or "dehusked".

†When appropriate, the word "expeller" may be replaced by "cake".

PART B

Non-exclusive list of the main ingredients

1. CEREAL GRAINS, THEIR PRODUCTS AND BY-PRODUCTS

*When 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.

† This name may be replaced by "corn gluten feed".

‡ This name may be replaced by "extruded maize starch".

§This name may be replaced by "distiller dried grains and solubles".

2. OIL SEEDS, OIL FRUITS, THEIR PRODUCTS AND BY-PRODUCTS

*When appropriate "low in glucosinolate" may be indicated additionally in the name. "Low in glucosinolate" has the meaning given to it in Community legislation.

3. LEGUME SEEDS, THEIR PRODUCTS AND BY-PRODUCTS

*The name must be qualified by an indication of the nature of the heat treatment.

4. TUBERS, ROOTS, THEIR PRODUCTS AND BY-PRODUCTS

*This name may be replaced by sucrose.

5. OTHER SEEDS AND FRUITS, THEIR PRODUCTS AND BY-PRODUCTS

6. FORAGES AND ROUGHAGES

*The term "meal" may be replaced by "pellets". The method of drying may be indicated additionally in the name.

† The name must be qualified by reference to the nature of the chemical treatment carried out.

7. OTHER PLANTS, THEIR PRODUCTS AND BY-PRODUCTS

*This name may be replaced by "sucrose".

8. MILK PRODUCTS

*This name may be replaced by "milk albumin powder".

9. LAND ANIMAL PRODUCTS

*Products containing more than 13% fat in the dry matter must be named as "rich in fat".

10. FISH, OTHER MARINE ANIMALS, THEIR PRODUCTS AND BY-PRODUCTS

*Products containing more than 75% crude protein in the dry matter may be named as "rich in protein".

11. MINERALS

*The nature of the source may replace or be indicated additionally in the name.

† The manufacture process may be included in the name.

12. MISCELLANEOUS

*The name may be supplemented by an indication of the type of salt.

4. The Regulations of 1984 are hereby amended by the substitution, for paragraph 3.1 of Part I of the Third Schedule, of the following paragraph:

"3.1 DETERMINATION OF CRUDE FIBRE

1. Purpose and Scope

To determine fat-free organic substances in feedingstuffs which are insoluble in acid and alkaline media and are conventionally described as crude fibre.

2. Principle

The sample, defatted where necessary, is treated successively with boiling solutions of specified concentrations of sulphuric acid and potassium hydroxide. The residue is separated by filtration on a sintered-glass filter, washed, dried, weighed and ashed within a range of 475 to 500°C. The loss of weight resulting from ashing corresponds to the crude fibre present in the test sample.

3. Reagents

3.1 Sulphuric acid, c = 0.13 mol/l.

3.2 Anti-foaming agent (e.g. n-octanol).

3.3 Filter aid (Celite 545 or equivalent), heated at 500°C for 4 hours.

3.4 Acetone.

3.5 Light petroleum, boiling-range 40-60°C.

3.6 Hydrochloric acid, c = 0.5 mol/l.

3.7 Potassium hydroxide solution, c = 0.23 mol/l.

4. Apparatus

4.1 Heating unit for the digestion of the sample with reagent (3.1) or reagent (3.7). This unit is equipped with supports for both the filter crucible (4.2) and the cylinder and reflux condenser (4.3). The filter crucible support is attached to an outlet tube, which in turn is attached to a vacuum filtration system. The outlet tube is fitted with a tap or control valve, which controls the entry of the liquid to the discharge pipe and vacuum filtration system. The outlet tube may also be connected to a compressed air system (see 8.5). Before use, preheat the unit with boiling water for five minutes. The heat is applied to the liquid in the filter crucibles.

4.2 Glass filter crucible with fused sintered glass filter plate, pore size 40-90 µm. Before first use, heat to 500°C for a few minutes and cool (8.6).

4.3 Cylinder of at least 270 ml with a reflux condenser, suitable for boiling.

4.4 Drying oven with thermostat.

4.5 Muffle furnace with thermostat.

4.6 Extraction unit consisting of a support plate for the filter crucible (4.2) and with a discharge pipe with a tap to the vacuum and liquid outlet.

4.7 Connecting rings (4.3) to assemble the heating unit (4.1), crucible (4.2) and cylinder and to connect the cold extraction unit (4.6) and crucible.

5. Procedure

Weigh out, to the nearest 0.001 g, 1 g of the prepared sample and place it in the crucible (4.2). (See observations 8.1, 8.2 and 8.3) and add 1 g of filter aid (3.3).

Assemble the heating unit (4.1) and the filter crucible (4.2), then attach the cylinder (4.3) to the crucible. Pour 150 ml of boiling sulphuric acid (3.1 ) into the assembled cylinder and crucible and, if necessary, add a few drops of anti-foaming agent (3.2).

Bring the liquid to the boil within 5 2 minutes and boil vigorously for exactly 30 minutes.

Open the tap to the discharge pipe (4.1) and, under vacuum, filter the sulphuric acid through the filter crucible and wash the residue with three consecutive 30 ml portions of boiling water, ensuring that the residue is filtered dry after each washing.

Close the outlet tap and pour 150 ml boiling potassium hydroxide solution (3.7) into the assembled cylinder and crucible and add a few drops of anti-foaming agent (3.2). Bring the liquid to boiling point within 5 ± 2 minutes and boil vigorously for exactly 30 minutes. Filter and repeat the washing procedure used for the sulphuric acid step.

After the final washing and drying, disconnect the crucible and its contents and reconnect it to the cold extraction unit (4.6). Apply the vacuum and wash the residue in the crucible with three consecutive 25 ml portions of acetone (3.4) ensuring that the residue is filtered dry after each washing.

Dry the crucible to constant weight in the oven at 130°C. After each drying, cool in the desiccator and weigh rapidly.

Place the crucible in a muffle furnace and ash to constant weight at 475°C to 500°C for at least 30 minutes. After each heating, cool first in the furnace and then in the desiccator before weighing,

Carry out a blank test without the sample. Loss of weight resulting from ashing must not exceed 4 mg.

6. Calculation of results

The crude fibre content as a percentage of the sample is given by the expression:

where

a = mass of sample in g;

b = loss of mass after ashing during the determination, in g;

c = loss of mass after ashing during the blank test, in g.

7. Repeatability

The difference between two parallel determinations carried out on the same sample must not exceed:

--0.3 in absolute value, for crude fibre contents lower than 10 per cent.

--3 per cent relative to the higher result, for crude fibre contents equal to or greater than 10 per cent.

8. Observations

8.1 Feedingstuffs containing more than 10 per cent crude fat must be defatted prior to analysis with light petroleum (3.5). Connect the filter crucible (4.2) and its contents to the cold extraction unit (4.6) and apply vacuum and wash the residue with three consecutive 30 ml portions of light petroleum, ensuring that the residue is dry. Connect the crucible and its contents to the heating unit (4.1) and continue as described under 5.

8.2 Feedingstuffs containing fats which cannot be extracted directly with light petroleum (3.5) must be defatted as shown in 8.1 and defatted once more after boiling with acid.

After boiling with acid and the subsequent washing connect the crucible and its contents to the cold extraction unit (4.6) and wash three times with 30 ml acetone followed by three further washings with 30 ml portions of light petroleum. Filter under vacuum until dry and continue the analysis as described under 5, beginning with potassium hydroxide treatment.

8.3 If the feedingstuffs contain over 5 per cent of carbonates, expressed as calcium carbonate, connect the crucible (4.2) with the weighed sample to the heating unit (4.1). Wash the sample three times with 30 ml hydrochloric acid 3.6). After each addition let the sample stand for about one minute before filtering. Wash once with 30 ml water and then continue as described under 5.

8.4 If an apparatus in the form of a stand is used (several crucibles attached to the same heating unit) no two individual determinations on the same sample for analysis may be carried out in the same series.

8.5 If after boiling it is difficult to filter the acidic and basic solutions, use compressed air through the discharge pipe of the heating unit and then continue filtering.

8.6 In order to extend the lifetime of the glass filter crucibles, the temperature for ashing should not be higher than 500°C. Care must be taken to avoid excessive thermal shock during heating and cooling cycles."

GIVEN under my Official Seal, this 14th day of September, 1993.

JOE WALSH,

Minister for Agriculture, Food and Forestry.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Marketing of Feedingstuffs) Regulations 1984 so as to give effect to Commission Decision 92/508/EEC, Commission Directive 92/87 EEC and Commission Directive 92/89/EEC.

Commission Decision 92/508/EEC amends the list of ingredients whose use is prohibited in compound feedingstuffs. Commission Directive 92/87/EEC establishes a list of the main ingredients normally marketed and used in the manufacture of compound feeds for animals other than pets. A common name and description is given to each ingredient and this common name must be used for labelling purposes. Commission Directive 92/89/EEC amends the current Community method of analysis for crude fibre in feedingstuffs.