S.I. No 237 of 2003

European Communities (Marketing of Compound Feedingstuffs) (Amendment) Regulations 2003

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 Directive 2000/2/EC of the European Parliament and of the Council of 28 January 2002¹ hereby make the following regulations:

1.       (1)       These Regulations may be cited as the European Communities (Marketing of Compound Feedingstuffs) (Amendment) Regulations 2003 and come into operation on 6 November 2003.

(2)       The European Communities (Marketing of Compound Feedingstuffs) Regulations 1999 to 2001 and these Regulations may be cited collectively as the European Communities (Marketing of Compound Feedingstuffs) Regulations 1999 to 2003.

2.       The European Communities (Marketing of Compound Feedingstuffs) Regulations 1999 ( S.I. No. 435 of 1999 ) are amended by-

(a)       the substitution of the following paragraph for Regulation 6 (1) (1) -

“(1)    the batch reference number;”,

(b)       the insertion of the following paragraph after Regulation 6 (1) (n) -

“(o)    in the case of compound feedingstuffs other than those intended for pets, `the exact percentages by weight of feed materials used in this feedingstuff may be obtained from: ...' (name or trade name, address or registered office, telephone number and e-mail address of the person shall be provided at the customer's request).”,

(c)       the substitution of the following paragraph for Regulation 6 (2),

“(2)    The particulars specified in paragraph (1) (j), (k), (l) and (m) may be shown outside the space reserved for the labelling particulars required by the said paragraph provided that a sufficient indication is given in the space as to where such particulars may be found.”,

(d)       the deletion of Regulation 7 (1) (c),

(e)       the deletion of Regulation 7 (1) (g), and

(f)        the substitution of the following Regulation for Regulation 8-

“8.       (1)      A particular displayed in accordance with Regulation 6(1)(d) or a record under Regulation 10 shall specify all the feed materials of which the compound feedingstuff consists and shall:-

(a)      subject to paragraph (2) and in the case of a compound feedingstuff intended for animals other than pets, list those feed materials present in the compound feedingstuffs by their specific name and with an indication, in descending order, of the percentages by weight.

(b)      in the case of a compound feedingstuff intended for pets

(i)       specify the weight of each feed material, or

(ii)       list those feed materials in descending order according to their respective weight.

(2)     Where, on official inspection, the content of a feed material in a compound feedingstuff to which paragraph (1)(a) refers is found to depart from the declared content, a tolerance of plus or minus 15% of the declared content shall be permitted.

(3)     Feed materials to which paragraph (1)(b) applies shall, in the declaration concerned, be described by their specific names or by reference to the categories of feed materials specified in Commission Directive 82/475/EEC of 23 June 1982² (amended by Commission Directive 91/334/EEC of 6 June 1991³ and Commission Directive 98/67/EC of 7 September 1998⁴ ) to which they belong but not both.

(4)     Where a feed material contained in a compound feedingstuff -

(a)      is in compliance with Regulation 7 of the European Communities (Putting into Circulation of Feed Materials) Regulations 1999 ( S.I. No. 390 of 1999 ), the name specified in Column 2 of the said Annex shall be regarded as the specific name for the purposes of paragraphs (1) and (3).

(b)      does not correspond to the description of a feed material specified in the said Column 3 or does not comply with the minimum requirements, if any, contained therein, the specific name given to the feed material for the purposes of paragraphs (1) and (3) shall comply with the provisions of Regulation 6 (2) of the European Communities (Putting into Circulation of Feed Materials) Regulations, 1999.”.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to the provisions of Directive 2000/2/EC of the European Parliament and of the Council of 28 January 2002 which amends the labelling requirements applicable to compound animal feedingstuffs.

Published by the Stationary Office, Dublin

¹ O.J. No. L 63 6.3.2002, p.23

² O.J. No. 1982, L213, p.27.

³ O.J. No. 1991, L184, p.27.

⁴ O.J. No. 1998, L261, p.10.