S.I. No. 161/1998:

EUROPEAN COMMUNITIES (MARKETING OF FEEDINGSTUFFS)(AMENDMENT) REGULATIONS, 1998

EUROPEAN COMMUNITIES (MARKETING OF FEEDINGSTUFFS)(AMENDMENT) REGULATIONS, 1998

I, Joe Walsh, Minister for Agriculture and Food, 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 95/274/EC of 10 July, 1995¹, Commission Directive 97/47/EC of 28 July, 1997², and Commission Decision 97/582/EC of 28 July, 1997³, and for the purposes of giving further effect to Council Directive 77/101/EEC of 23 November, 1976⁴ and Council Directive 79/373/EEC of 2 April, 1979⁵, as amended, hereby make the following Regulations.

¹ O.J. No. L 167, 18. 7. 1995, p. 24

² O.J. No. L 211, 5. 8. 1997, p. 45

³ O.J. No. L 237, 28. 8. 1997, p. 39

⁴ O.J. No. L 32, 3. 2. 1977, p. 1

⁵ 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, 1998.

(2) The European Communities (Marketing of Feedingstuffs) Regulations, 1984 to 1994 and these Regulations may be cited together as the European Communities (Marketing of Feedingstuffs) Regulations, 1984 to 1998.

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 );

"the Regulations of 1993" means the European Communities (Marketing of Feedingstuffs) (Amendment) Regulations, 1993 ( S.I. No. 261 of 1993 );

3. The Regulations of 1984 are hereby amended by;

(a) the substitution in Regulation 2(1) of the following definition for the definition of "the Directive of 1976";

"the Directive of 1976" means Council Directive 77/101/EEC as amended by --

Council Directive 79/372/EEC of 2 April 1979¹,

¹ O.J. No. L 86, 6. 4. 1979, p. 29

First Commission Directive 79/797/EEC of 10 August, 1979²,

² O.J. No. L 239, 22. 9. 1979, p. 53

Second Commission Directive 80/510/EEC of 2 May, 1980³,

³ O.J. No. L 126, 21. 5. 1980, p. 12

Third Commission Directive 82/937/EEC of 21 December, 1982⁴,

⁴ O.J. No. L 383, 31. 12. 1982, p. 11

Commission Directive 83/87/EEC of 21 February, 1983⁵, and

⁵ O.J. No. L 56, 3. 3. 1983, p. 31

Commission Directive 97/47/EC of 28 July 1997⁶;";

⁶ O.J. No. L 211, 5. 8. 1997, p. 45

(b) the substitution in Regulation 2(1) (inserted by the Regulations of 1993) of the following definition for the definition of "the Directive of 1979";

"the Directive of 1979" means Council Directive 79/373/EEC of 2 April 1979¹ as amended by --

¹ O.J. No. L 86, 6. 4. 1979, p. 30

Commission Directive 80/511/EEC 2 May 1980²

² O.J. No. L 126, 21. 5. 1980, p. 14

Commission Directive 82/475/EEC of 23 June, 1983³

³ O.J. No. L 213, 21. 7. 1982, p. 27

Commission Directive 86/174/EEC of 9 April, 1986⁴

⁴ O.J. No. L 130, 16. 5. 1986, p. 53

Council Directive 86/354/EEC of 21 July, 1986⁵

⁵ O.J. No. L 212, 2. 8. 1986, p. 27

Council Directive 90/44/EEC of 22 January, 1990⁶,

⁶ O.J. No. L 27, 31. 1. 1990, p. 35

Commission Directive 91/334/EEC of 6 June, 1991⁷,

⁷ O.J. No. L 184, 10. 7. 1991, p. 27

Commission Directive 91/357/EEC of 13 June, 1991⁸,

⁸ O.J. No. L 193, 17. 7. 1991, p. 34

Commission Decision 91/516/EEC of 9 September, 1991⁹,

⁹ O.J. No. L 281, 9. 10. 1991, p. 23

Council Directive 91/681/EEC of 19 December, 1991¹⁰,

¹⁰ O.J. No. L 376, 31. 12. 1991, p. 20

Commission Directive 92/87/EEC of 26 October, 1992¹¹,

¹¹ O.J. No. L 319, 4. 11. 1992, p. 19

Commission Directive 92/89/EEC of 3 November, 1992¹²,

¹² O.J. No. L 344, 26. 11. 1992, p. 35

Commission Decision 92/508/EEC of 20 October, 1992¹³,

¹³ O.J. No. L 312, 29. 10. 1992, p. 36

Commission Directive 93/28/EEC of 4 June, 1993¹⁴

¹⁴ O.J. No. L 179, 22. 7. 1993, p. 8

Commission Decision 95/274/EC of 10 July, 1995¹⁵

¹⁵ O.J. No. L 167, 18. 7. 1995, p. 24

Commission Directive 97/47/EC 28 of July, 1997¹⁶, and

¹⁶ O.J. No. L 211, 5. 8. 1997, p. 45

Commission Decision 97/582/EC of 28 July, 1997¹⁷;";

¹⁷ O.J. No. L 237, 28. 8. 1997, p. 39

(c) the deletion of Part II of the First Schedule (inserted by the Regulations of 1993) 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. Hide treated with tanning substances, including its waste.

3. Seeds and other plant propagating 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.

9. Protein derived from mammalian tissue as an ingredient in compound feeds for ruminants, excluding:

- milk and milk products,

- gelatine,

- amino acids obtained from hides and skins by a process which involves exposure of the material to a pH of 1 to 2 followed by a pH > 11 followed by heat treatment at 140 ° C for 30 minutes at 3 bar,

- dicalcium phosphate derived from defatted bones, and

- dried plasma and other blood products.".

(d) the deletion of Part I of the Fifth Schedule (inserted by the Regulations of 1992) and the insertion of the following Part therefor;

"Fifth Schedule

Part I

1. The levels indicated or to be declared relate to the weight of compound feedingstuff as such, unless otherwise stated.

2. The feedingstuff's moisture content must be stated if it exceeds:

- 7 % in the case of milk replacer feeds and other compound feedingstuffs with a milk-product content exceeding 40 %.

- 5 % in the case of mineral feedingstuffs containing no organic substances,

- 10 % in the case of mineral feedingstuffs containing organic substances,

- 14 % in the case of other compound feedingstuffs.

In the case of compound feedingstuffs with a moisture content not exceeding the limits stated in the paragraphs above, that content may also be declared.

3. The level of ash insoluble in hydrochloric acid shall not exceed 3.3 % of the dry matter in the case of compound feedingstuffs composed mainly of rice by-products, and 2.2 % of the dry matter in other cases.

However, the 2.2 % level may be exceeded in the case of:

- compound feedingstuffs containing authorised mineral binding agents,

- mineral compound feedingstuffs,

- compound feedingstuffs containing more than 50 % of sugar beet chips or sugar beet pulp,

- compound feedingstuffs intended for farmed fish with a fish meal content of over 15 %.

provided that the level is declared as a percentage of the feedingstuff as such.

In the case of compound feedingstuffs with a level of ash insoluble in hydrochloric acid not exceeding the limits stated in the paragraphs above, that level may also be declared.

4. The iron level in milk replacer feeds for calves of a live weight less than or equal to 70 kilograms must be at least 30 milligrams per kilogram of the complete feedingstuff at a moisture content of 12 %.

5. The labelling of compound feedingstuffs containing protein derived from mammalian tissue and intended for animals other than pets must contain the following statement: "This compound feedingstuff contains protein derived from mammalian tissue the feeding of which to ruminants is prohibited".

This does not apply to compound feedingstuffs which contain no protein derived from mammalian tissue other than the following:

- milk and milk products

- gelatine

- amino acids obtained from hides and skins by a process which involves exposure of the material to a pH of 1 or 2 followed by a pH of > 11, followed by heat treatment at 140° C for 30 minutes at 3 bar,

- dicalcium phosphate derived from defatted bones, and

- dried plasma and other blood products.".

(e) the deletion of Part II of the Sixth Schedule (inserted by the Regulations of 1992) and the insertion of the following Part therefor;

"Schedule

Part II

Categories of ingredients which may be indicated in place of individual ingredients when labelling compound feedingstuffs intended for animals other than pets

"

Given under my official seal, this 18th day of May, 1998

Joe Walsh,

Minister for Agriculture and Food.

EXPLANATORY NOTE

These Regulations amend the European Communities (Marketing of Feedingstuffs) Regulations, 1984, so as to give effect to:--

(1) Commission Decisions 95/274/EC and 97/582/EC which amend the list of ingredients whose use is prohibited in compound feedingstuffs, and

(2) Commission Directive 97/47/EC which introduces labelling requirements for straight and compound feedingstuffs containing mammalian protein.