Feeding Stuffs (Amendment) (Wales) Regulations 2003

This consultation seeks your comments on the attached draft copies of the above Regulations B) which implement a number of EC measures on animal feedingstuffs and methods of sampling and analysis for the presence of dioxins.

The Feeding Stuffs (Amendment) (Wales) (No.2) Regulations 2003 will implement two European Parliament and Council Directives -- 2002/2/EC on the ingredient listing of compound feedingstuffs and 2002/32/EC prohibiting the blending down of feedingstuffs with levels of contamination above the specificed maximum permitted levels (MPLs) for finished feeds. The Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 will implement Commission Directive 2002/70/EC on methods of sampling and analysis for dioxins.*

Directive 2002/2/EC

This principally deletes the option to declare the ingredients of compound feedingstuffs for farmed livestock by category (the option is retained for pet food declarations) and requires that the ingredients instead be listed in descending order by their percentage weight. Tolerances of +/-15% of the declared value are permitted for analytical purposes. Other provisions include a derogation to permit the declaration of the approval or registration number outside the statutory statement. There is also a requirement to label the details of suppliers who can provide exact percentages of the feed materials in the compound feed.

Directive 2002/32/EC

The key provisions of this Directive which require transposition into Regulations are:

• The provisions in Directive 1999/29/EC on undesirable substances in animal nutrition which permitted feed materials with levels of contamination above the specified MPLs to be diluted by mixing with uncontaminated materials (“blending down”) by authorised establishments are removed. All feed materials put into circulation must now observe the relevant MPLs set out in Part I of Schedule 7 to the Feeding Stuffs (Wales) Regulations 2001.
• The provisions of Directive 1999/29 are now extended to all products, such as feed additives, used in animal feedingstuffs.

There are a number of provisions in Directive 2002/32 which do not require transposition into legislation. These include a provision that investigations must be carried out by the competent authorities in cases where the MPLs are breached, and also where the level of contamination is below the MPL but could be “significant”. A derogation which meant that MPLs did not apply to fodder used on farm has been removed. (This derogation was never exercised by the UK.)

Directive 2002/70/EC

This specifies the methods to be used in testing for the presence of dioxins in animal feedingstuffs.

New EC Regulations on Feed Additives

Two proposed EC Regulations authorising feed additives have recently been given a positive vote. These concern (1) the provisional authorisation of new uses of additives in feedingstuffs and (2) the permanent authorisation of an additive in feedingstuffs and the provisional authorisation of a new use of an additive already authorised in feedingstuffs.

EC Regulations are directly applicable in Member States’ law and hence their provisions cannot be repeated in national legislation, but to link them to national enforcement powers it is necessary to include them in the list in Part IX of Schedule 3 of the Feeding Stuffs (Wales) Regulations 2001.

The two proposed EC Regulations have yet to be published in the Official Journal, but if they become legally effective before the draft Feeding Stuffs (Amendment) (Wales) (No.2) Regulations 2003 are made we may include them in the list and delete any superseded ones. Any further EC Regulations in this series will be treated similarly.

Implementation

To bring into force the changes made by 2002/2 to 79/373 and by 2002/32 to 1999/29, it is necessary to make amendments to the Feeding Stuffs (Wales) Regulations 2001. These changes are shown in more detail in the attached Annex C.

To bring into force the changes made by Directive 2002/70 requires amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and the Feeding Stuffs (Enforcement) Regulations 1999. These changes are shown in more detail at Annex D.

In considering the draft Regulations you may find it helpful to refer to the original directives, which may be found by entering the details into the search engine at the Europa website (http://europa.eu.int/eur-lex/en/search/search_lif.html). Copies of the Feeding Stuffs (Wales) Regulations 2001 (as amended), the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (as amended) and the Feeding Stuffs (Enforcement) Regulations 1999 (as amended) can be found on the Stationery Office website (www.legislation.hmso.gov.uk/stat.htm).

Coming into Force Dates

Member States are required to bring Directive 2002/2/EC into force with effect from 6 November 2003, Directive 2002/32/EC into force with effect from 1 August 2003 and Directive 2002/70/EC by 28 February 2003.

It is intended that The Feeding Stuffs (Sampling and Analysis) and The Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 will come into force on 1 August 2003. Regulations 1 to 4, 6, 7 and 9 of the Feeding Stuffs (Amendment) (Wales) (No.2) Regulations 2003 will also come into force on 1 August 2003. Regulations 5, 8 and 10 of the Feeding Stuffs (Amendment) (Wales) (N0.2) Regulations 2003 will come into force on 6 November 2003.

There will be parallel Regulations for England, Scotland,and Northern Ireland, which will be subject to separate consultations.

Regulatory Impact

The attached draft Regulatory Appraisals for both sets of Regulations (Annexes E and F) provide further background on the three Directives and our understanding of the implications of their implementation. However, I would be very grateful if you could assist by providing any information on the likely costs to your business, both recurring and non-recurring, together with details of any other cost implications which you consider the measures may have.

Guidance on the enforcement of the Regulations relating to ingredients listing will be provided in due course, and will be discussed with the stakeholder groups most directly affected. Please let us know if there are specific questions which you wish to be addressed in such guidance.

We have identified no significant costs or other resources involved with the implementation of the EC Regulations listed at paragraph 7 above. However, if you have any information or comments on the regulatory impact of these measures including effects on small businesses, we would be grateful to have them.

If you have any comments on the attached draft Regulations or Regulatory Appraisals, I would be grateful if these could be sent to the above contact details.

Further Information

We would value your feedback on the way this consultation exercise has been handled. We would be grateful if you would take a few minutes to complete the attached questionnaire and return it to the above address.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk