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S.I. No. 143/1992 - European Communities (Marketing of Feedingstuffs) (Amendment) Regulations, 1992.

S.I. No. 143/1992 - European Communities (Marketing

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Feedingstuffs) (Amendment) Regulations, 1992. S.I. No. 143/1992 - European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1992. AmendmentsLeasuithe S.I. No. 143

1992. EUROPEAN COMMUNITIES (MARKETING

FEEDINGSTUFFS) (AMENDMENT) REGULATIONS, 1992. I, JOE WALSH, Minister for Agriculture and Food, in exercise

the powers conferred on me by section 3

the European Communities Act, 1972 (No. 27

1972), and for the purposes

giving effect to Commission Directive 86/174/EEC

9 April, 1986

(1), Council Directive 90/44/EEC

22 January, 1990

(2), Commission Directive 91/334/EEC

6 June, 1991

(3), Commission Directive 91/357/EEC

13 June, 1991

(4), Commission Decision 91/516/EEC

9 September 1991

(5), and Council Directive 91/681/EEC

19 December 1991

(6), and for the purposes

giving further effect to Council Directive 79/373/EEC

2 April, 1979

(7), as amended, hereby make the following Regulations.
(1)O.J. No. L 130, 16.5.1986, p. 53.
(2)O.J. No. L. 27, 31.1.1990, p. 35.
(3)O.J. No. L. 184, 10.7.1991, p. 27.
(4)O.J. No. L. 193, 17.7.1991, p. 34.
(5)O.J. No. L. 281, 9.10.1991, p. 23.
(6)O.J. No. L. 376, 31.12.1991, p. 20.
(7)O.J. No. L. 86, 6.4.1979, p. 30. 1.
(1)These Regulations may be cited as the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1992.

(2)These Regulations and the Regulations

1984 may be cited collectively as the European Communities (Marketing

Feedingstuffs) Regulations, 1984 to 1992. 2.

(1)In these Regulations: "the Regulations

1984" means the European Communities (Marketing

Feedingstuffs) Regulations, 1984 ( S.I. No. 200

1984 ), as amended by the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1986 ( S.I. No. 262

1986 ); and the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations 1988 ( S.I. No. 249

1988 ;

(2)Regulation 2
(1)

the Regulations

1984 is hereby amended by the substitution

the following definition for the "Directive

1979". "the Directive

1979" means Council Directive No. 79/373/EEC

2 April, 1979

(1)as amended by Commission Directive 80/511/EEC

2 May, 1980

(2), Commission Directive 82/475/EEC

23 June, 1983

(3), Commission Directive 86/174/EEC

9 April, 1986

(4), Council Directive 86/354/EEC

21 July, 1986

(5), Council Directive 90/44/EEC

22 January, 1990

(6), Commission Directive 91/334/EEC

6 June, 1991

(7), Commission Directive 91/357/EEC

13 June, 1991

(8), Commission Decision 91/516/EEC

9 September, 1991

(9), and Council Directive 91/681/EEC

19 December, 1991

(10).
(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.
(3)Regulation 6

the Regulations

1984 is hereby amended by the substitution

the following Regulation for Regulation 6: "6.

(1)A person shall not market a compound feedingstuff unless— ( a ) it is in a sealed package or container, ( b ) such package or container is sealed in such a way that, when the package or container is opened, the seal is damaged and cannot be reused, and ( c ) each

the requirements specified in paragraph

(2)

this Regulation, or where appropriate, each

such requirements as apply to it, is complied with.

(2)The following are the requirements referred to in paragraph
(1)

this Regulation— ( a ) the requirements

Regulation 4

these Regulations shall be complied with in relation to the feedingstuff concerned, ( b ) such feedingstuff shall comply with the general provisions laid down in Part I

the Fifth Schedule to these Regulations, ( c ) Such feedingstuff shall not contain, as an ingredient, any substance specified in Part II

the First Schedule

these Regulations, ( d ) where appropriate, the requirements

Article 11

the Directive

1979 are complied with in relation to it." 4. Regulation 7

the Regulations

1984 is hereby amended by the substitution

the following Regulation: "7.

(1)Notwithstanding Regulation 6

these Regulations, but subject to Regulation 8A

(2)

these Regulations, compound feedingstuffs may be marketed in bulk or in unsealed packages or containers in the case

— ( a ) deliveries between producers

compound feedingstuffs, ( b ) deliveries from producers

compound feedingstuffs to packaging firms, ( c ) compound feedingstuffs obtained by mixing grain or whole fruit, ( d ) blocks or licks, or ( e ) quantities

compound feedingstuffs not exceeding 50 kilograms in weight which are intended for the final user and are taken directly from a package or container which before being opened complied with the said Regulation 6.

(2)Notwithstanding Regulation 6

these Regulations, but subject to Regulation 8A

(2)

these Regulations, compound feedingstuffs may be marketed in bulk or in unsealed containers, but not in unsealed packages, in the case

— ( a ) compound feedingstuffs delivered directly from the producer to the final user, ( b ) molassed feedingstuffs consisting

not more than three ingredients, or ( c ) pelleted compound feedingstuffs". 5. The Regulations

1984 are hereby amended by the insertion

the following Regulation after Regulation 8: "8A.

(1)Subject to paragraph
(2)

this Regulation, compound feedingstuffs shall be marketed only if the following particulars, which shall be clearly visible, legible and indelible, are shown in a space provided for that purpose, on the packaging, or the container or on a label attached thereto showing: ( a ) (i) where, subject to paragraphs

(4)and
(5)

this Regulation, the feedingstuff is a complete feedingstuff, the description "complete feedingstuff", (ii) where, subject to paragraphs

(4)and
(5)

this Regulation, the feedingstuff is a complementary feedingstuff, the description "complementary feedingstuff", ( b ) where the feedingstuff is a mineral feedingstuff, the description "mineral feedingstuff", ( c ) where the feedingstuff is a molassed feedingstuff the description "molassed feedingstuff", ( d ) where the feedingstuff is a milk replacer feed, the description "complete milk replacer feed" or the description "complementary milk replacer feed" as appropriate, ( e ) the species or category

animal for which the compound feedingstuff is intended, ( f ) directions for the proper use

the feedingstuff indicating the purpose for which the feedingstuff is intended, ( g ) for all compound feedingstuffs with the exception

those intended for pets other than dogs and cats: the ingredients to be declared in accordance with Regulation 9A

these Regulations, ( h ) where appropriate, the declarations

the analytical constituents in the cases provided for in Part I

the Fifth Schedule to these Regulations, ( i ) as relevant to the case, the declarations provided for in Column 3

Part II

the Fifth Schedule to these Regulations, ( j ) the name or business name and the address or registered place

business

the person responsible for the particulars referred to in this paragraph, ( k ) the net quantity expressed in units

mass in the case

solid products, and in units

mass or volume in the case

liquid products, ( l ) the minimum storage life to be indicated in accordance with paragraph 7

this Regulation, ( m ) the batch number, if the date

manufacture is not given, provided that: (i) in the case

small quantities

compound feedingstuffs intended for the final user, in lieu

complying with the requirements

paragraph

(1), the particulars specified in that paragraph may be brought to the purchasers' attention by means

an appropriate notice; and (

  1. ii)in case the feedingstuff is constituted from no more than three ingredients, the particulars referred to in subparagraph (
  2. e)and (f)

this Regulation shall not be required if the ingredients used in the feedingstuff appear clearly in a description

the feedingstuff contained in the aforesaid particulars, ( n ) the licence number

the manufacturer issued in accordance with Regulation 13

the Fertilisers, Feedingstuffs and Mineral Mixtures Regulations, 1957 ( S.I. No. 264

1957 ) or, in case the manufacturer is not licensed under those Regulations, an

ficial code issued by the Minister, where the manufacturer is not responsible for labelling particulars.

(2)In relation to compound feedingstuffs duly marketed in tankers or similar vehicles or otherwise in bulk, paragraph
(1)

this Regulation shall be construed as requiring the particulars to be set out in an accompanying document.

(3)The minimum storage life, the net quantity and the batch reference number may be moved outside the space reserved for the labelling particulars required by paragraph
(1)

this Regulation if a sufficient indication is given in the space as to where the information can be found.

(4)The description "complete feedingstuff ", or "complementary feedingstuff" in respect

feedingstuffs intended for pets other than dogs or cats, may be replaced by the description "compound feedingstuff" and in this case, the declarations required or allowed shall be those laid down for complete feedingstuffs.

(5)In the case

compound feedingstuffs for pets, the descriptions "compound feedingstuff", "complementary feedingstuff" and "complete feedingstuff" may be replaced by the descriptions "compound pet food", "complementary pet food" or "complete pet food" respectively.

(6)In the case

whole grain mixes, the declarations referred to in subparagraph (h) and (i)

paragraph

(1)

this Regulation shall not be required but they may be provided.

(7)The minimum storage life

a compound feedingstuff shall be given by the following indications: ( a ) "use before . . . ." followed by the date (day, month and year) in the case

microbiologically highly perishable feedingstuffs; or ( b ) "best before" followed by the date (month and year) in the case

other feedingstuffs.

(8)Where other Community provisions concerning compound feedingstuffs require the indication

a minimum storage life, only the earliest date shall be indicated". 6. The Regulations

1984 are hereby amended by the substitution

the following paragraphs for paragraphs 2 and

(3)

Regulation 9: "

(2)A person who markets a compound feedingstuff shall not put on the package, container, label or accompanying document thereof, in the space provided for the particulars set out in compliance with the requirements

Regulation 8A

these Regulations, additional particulars other than: ( a ) the identification mark or trade mark or trade name

the person responsible for the labelling particulars, ( b ) the name or the business name and the address or registered place

business

the manufacturer, if this is not the person responsible for the labelling particulars, ( c ) where appropriate, the batch number, ( d ) the country

production or manufacture, ( e ) the price

the product, ( f ) the description or trade name

the product, ( g ) for compound feedingstuffs intended for pets other than dogs and cats; the ingredients to be declared in accordance with Regulation 9A

these Regulations, ( h ) where it is appropriate, an indication that the compound feedingstuff conforms to a standard or standards regarding analytical characteristics which for the time being stand recommended by the Minister in relation to a particular category

compound feedingstuffs, ( i ) an indication

the physical condition

the feedingstuff or the specific processing it has undergone, ( j ) the analytical declarations permitted under items 2 and 3

Part I

the Fifth Schedule to these Regulations, ( k ) the declarations listed in column

(4)

Part II

the Fifth Schedule to these Regulations, and ( l ) the date

manufacture, to be indicated in accordance with paragraph

(3)

this Regulation."

(3)( a ) Subject to sub-paragraph (b)

this paragraph, the date

manufacture

a compound feedingstuff shall be expressed as follows: 'manufactured . . . (days, months, or year(s)) before the minimum storage life expiry date indicated'. ( b ) where the minimum storage life is given outside the space reserved for labelling particulars in accordance with Regulation 8A

(3)

these Regulations, the above-mentioned entry shall be followed by an indication

where that storage life is indicated.". 7. The Regulations

1984 are hereby amended by the insertion

the following Regulation after Regulation 9: "9A.

(1)Subject to paragraphs
(2)and
(3)

this Regulation, where a declaration

the ingredients in a compound feedingstuff is given in accordance with Regulations 8A

(1)(g) and 9
(2)(g)

these Regulations, all the ingredients

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

their respective weights.

(3)Subject to paragraph 4

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

their respective weights.

(4)The labelling

compound feedingstuffs for pets in accordance with paragraph 3

this Regulation may also draw particular attention to the presence or low content

one or more ingredients which are essential aspects

the characteristics

the feedingstuff. In such a case, the minimum or maximum content, expressed in terms

percentage by weight

the ingredients incorporated, must be clearly indicated either opposite the declaration drawing special attention to the ingredients or in the list

ingredients or by mentioning the ingredients and the percentages by weight concerned opposite the corresponding category

ingredients.

(5)Subject to paragraph
(6)

this Regulation, the ingredients shall be described either by their specific names or, where an ingredient complies with the definition

a category specified in the Sixth Schedule to these Regulations, by the name

that category.

(6)Only one or other form

description may be used to fulfil the requirements

paragraph

(5)

this Regulation. However, if one

the ingredients in a compound feedingstuff does not comply with any

the definitions

the categories specified in the Sixth Schedule to these Regulations, that ingredient shall be listed by its specific name, in the space reserved for the labelling particulars, in order

its proportion by weight in relation to the said listed categories.". 8. The Regulations

1984 are hereby amended by the substitution

the following paragraph for paragraph (b)

Regulation 10— "(b) The person responsible for the labelling particulars

a compound feedingstuff may provide information in addition to that required under these Regulations, provided such information shall: (i) not be designed to indicate the presence or content

analytical constituents other than those the declaration

which is provided for in the Fifth Schedule to these Regulations, (

  1. ii)not mislead the user, in particular by attributing to the feedingstuff effects or properties that it does not possess or by suggesting that it possesses special characteristics when in fact all similar feedingstuffs possess such characteristics, (iii) not claim that the feedingstuff will prevent, treat or cure a disease, (
  2. iv)relate to objective or quantifiable factors which can be substantiated, (
  3. v)be clearly separated from all the particulars specified in Regulations 8A and 9A

these Regulations,". 9. Regulation 11

the Regulations

1984 is hereby amended by the substitution for paragraph

(3)

the following paragraph: "

(3)Where an application is made under this Regulation, an authorised person shall, subject to paragraph
(4)

this Regulation— ( a ) take and deal with a sample

the relevant feedingstuff according to the methods described in the Annex to Commission Directive No. 76/371/EEC

1 March, 1976,

(1)
(1)O.J. No. L. 102, 15.4.1976, p. 1. and ( b ) give or cause to be given, or sent by registered post or by such other method as for the time being stands approved

for the purposes

this paragraph by the Minister, to the State Chemist and to the person whose name or trade name has been given pursuant to paragraph (f)

Article 7

(1)

the Directive

1976, or, as may be appropriate, paragraph (g)

Article 5

(1)

the Directive

1979 (as amended by Council Directive 90/44/EEC), one

the final samples prepared pursuant to the requirements

subparagraph (a)

this paragraph.". 10. Regulation 13

the Regulations

1984 is hereby amended by the substitution

the following regulation: "

(13). Where an authorised person is satisfied that a feedingstuff which is placed on the market, or which he believes will be placed on the market, does not comply with any one or more

the requirements

these Regulations, he may require either or both

the following persons, namely, the person who appears to him to have for the time being possession or control

the feedingstuff and the person whose name or trade name has been given pursuant to paragraph (f)

article 7

(1)

the Directive

1976, or, as may be appropriate, paragraph (g)

Article 5

(1)

the Directive

1979 (as amended by Council Directive 90/44/EEC), to take such steps as are necessary to ensure that it does not continue to be placed on the market, or, as may be appropriate, is not placed on the market until such authorised person is satisfied that the requirement is complied with.". 11. The Regulations

1984 are hereby amended by the substitution therefor

the following Regulation for Regulation 18: "18.

(1)Any person who— ( a ) contravenes Regulation 5 or 6

these Regulations, or ( b ) in marketing a feedingstuff— (i) contravenes Regulation 9

these Regulations, (ii) fails to comply with a requirement

Regulation 8, 8A, 9A or 10

these Regulations, or

the said Regulation 8, as applied by Regulation 9

(3)

these Regulations, other than a requirement as regards the disclosed composition

a feedingstuff, or ( c ) contravenes any

the provisions

Regulation 12

these Regulations, ( d ) fails to comply with a requirement made

him under Regulation 13

these Regulations, or ( e ) obstructs or interferes with an authorised person in the course

exercising a power conferred on him under Regulation 14

these Regulations, shall be guilty

an

fence.

(2)Any person who by marketing a feedingstuff fails to comply with a requirement

Regulation 5, 6, 8, 8A, 9 or 9A

these Regulations or complies in a manner which is false or misleading as regards the disclosed composition

a feedingstuff shall, subject to the limits

error specified in the Fourth Schedule to these Regulations, be guilty

an

fence.

(3)If any person fraudulently— ( a ) tampers with any thing so as to procure that any sample taken pursuant to Regulation 11 or 14

these Regulations does not correctly represent the substance sampled, or ( b ) tampers or interferes with any sample taken under these Regulations, he shall be guilty

an

fence.

(4)Any person guilty

an

fence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion

the court, to imprisonment for a term not exceeding six months.

(5)An

fence under these Regulations may be prosecuted by the Minister.". 12. Part II

the First Schedule

the Regulations

1984 is hereby amended by the substitution

the following Part therefor. "FIRST SCHEDULE PART II List

prohibited ingredients 1. Faeces, urine as well as separated digestive tract content resulting from the emptying or removal

the digestive tract, irrespective

any form

treatment or admixture.

  1. Leather and leather waste.
  2. 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.
  3. Wood, sawdust and other materials derived from wood treated with wood protection products.
  4. Sludge from sewage plants treating waste waters".
  5. The Second Schedule to the Regulations

1984 substituted by Regulation 8

the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1988 ( S.I. No. 249

1988 ) is hereby amended by the substitution

the following Schedule therefor. "SECOND SCHEDULE Fees Referred to in Regulation 11

(2)(b) IR£ Moisture Crude Protein Soluble protein Volatile nitrogenous bases 5 10 20 20 IR £ Amino acids 35 for one amino acid, plus IR£5 for each additional amino acid. Crude oils and fats 10 Acid index 14 Matter insoluble in light petroleum 14 Crude fibre 10 Starch 14 Total sugars 14 Reducing sugars 14 Lactose 14 Glucose 14 Total solids 7 Crude ash 5 Ash insoluble in HCl 7 Calcium carbonate 14 Chlorides expressed as NaCl 7 Calcium 14 Phosphorus 14 Sodium 14 Potassium 14 Magnesium 14 Bushel Weight 17 Vitamin A 25 ", 14. The Fourth Schedule to the Regulations

1984 (substituted by Regulation 2

the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1991 ( S.I. No. 11

1991 )) is hereby amended by the substitution

the following Schedule therefor. "FOURTH SCHEDULE Limits

Error Referred to in Regulation 18

(2)1. Where, on

ficial inspection the composition

a straight feedingstuff is found to depart from the declared composition in a manner such as to reduce its value, the following tolerances are permitted:— ( a ) for crude protein: —2 units for declared contents

20 per cent or more, —10 per cent

the declared content for declared contents

less than 20 per cent but not less than 10 per cent, —1 unit for declared contents

less than 10 per cent; ( b ) for total sugars, reducing sugars, sucrose, lactose, glucose (dextrose) and total solids: —2 units for declared contents

20 per cent or more, —10 per cent

the declared content for declared contents

less than 20 per cent but not less than 5 per cent; —0.5 unit for declared contents

less than 5 per cent; ( c ) for starch and inulin: —3 units for declared contents

30 per cent or more, —10 per cent

declared content for declared contents

less than 30 per cent but not less than 10 per cent, —1 unit for declared contents

less than 10 per cent; ( d ) for crude oils and fats: —1.8 units for declared contents

15 per cent or more, —12 per cent

the declared content for declared contents

less than 15 per cent but not less than 5 per cent, —0.6 unit for declared contents

less than 5 per cent; ( e ) for moisture: —1 unit for declared contents

10 per cent or more, —10 per cent

the declared content for declared contents

less than 10 per cent but not less than 5 per cent, —0.5 unit for declared contents

less than 5 per cent; ( f ) for total phosphorus, sodium, calcium carbonate, calcium, magnesium, acid index and matter insoluble in light petroleum: —1.5 units for declared contents (values)

15 per cent

(15)or more, as appropriate, —10 per cent

the declared content (value) for declared contents (values)

less than 15 per cent

(15)but not less than 2 per cent
(2), as appropriate, —0.2 unit for declared contents (values)

less than 2 per cent

(2)as appropriate; ( g ) for ash insoluble in hydrochloric acid and chlorides expressed as NaCl: —10 per cent

the declared content for declared contents

3 per cent or more, —0.3 unit for declared contents

less than 3 per cent; ( h ) for carotene, vitamin A and xanthophyll: —30 per cent

the declared content; ( i ) for methionine, cystine, lysine and volatile nitrogenous bases: —20 per cent

the declared content; ( j ) for crude fibre: —2.1 units for declared contents

14 per cent or more, —15 per cent

the declared content for declared contents

less than 14 per cent but not less than 6 per cent, —0.9 units for declared contents

less than 6 per cent; ( k ) for crude ash: —1 unit for declared content

10 per cent or more, —10 per cent

the declared content for declared contents

less than 10 per cent but not less than 5 per cent, —0.5 unit for declared contents

less than 5 per cent; ( l ) for Hectolitre Weight: —1.5 units. ( m ) for Nitrogen: —0.4 unit. 2. Where, on

ficial inspection the composition

a compound feedingstuff other than for pets is found to depart from the declared composition, the following tolerances are permitted, subject to Regulation 4:— (i) where the content recorded is less than the declared content: ( a ) Crude protein: —2 units for declared contents

20 per cent or more, —10 per cent

the declared content for declared contents

less than 20 per cent but not less than 10 per cent, —1 unit for declared contents

less than 10 per cent; ( b ) total sugar: —2 units for declared contents

20 per cent or more, —10 per cent

the declared content for declared contents

less than 20 per cent but not less than 10 per cent, —1 unit for declared content

less than 10 per cent; ( c ) Starch and total sugar plus starch: —2.5 units for declared contents

25 per cent or more, —10 per cent

the declared content for declared contents

less than 25 per cent but not less than 10 per cent, —1 unit for declared contents

less than 10 per cent; ( d ) Crude oils and fats: —1.5 units for declared contents

15 per cent or more, —10 per cent

the declared content for declared contents

less than 15 per cent but not less than 8 per cent, —0.8 unit for declared contents

less than 8 per cent; ( e ) Sodium, potassium and magnesium: —1.5 units for declared contents

15 per cent or more, —10 per cent

the declared content for declared contents

less than 15 per cent but not less than 7.5 per cent, —0.75 unit for declared contents

less than 7.5 per cent but not less than 5 per cent, —15 per cent

the declared content for declared contents

less than 5 per cent but not less than 0.7 per cent, —0.1 unit for declared contents

less than 0.7 per cent; ( f ) Total phosphorus and calcium: —1.2 units for declared contents

16 per cent or more, —7.5 per cent

the declared content for declared contents

less than 16 per cent but not less than 12 per cent, —0.9 unit for declared contents

less than 12 per cent but not less than 6 per cent, —15 per cent

the declared content for declared contents

less than 6 per cent but not less than 1 per cent, —0.15 unit for declared contents

less than 1 per cent; ( g ) Methionine, lysine and threonine: —15 per cent

the declared content; ( h ) Cystine and tryptophan: —20 per cent

the declared content. ( i ) Metabolizable energy in poultry feed: —0.4 units

the declared content. (ii) Where the content recorded is more than the declared content: ( a ) Moisture: —1 unit for declared contents

10 per cent or more, —10 per cent

the declared content for declared contents

less than 10 per cent but not less than 5 per cent, —0.5 unit for declared contents

less than 5 per cent; ( b ) Crude ash: —1 unit for declared contents

10 per cent or more, —10 per cent

the declared content for declared contents

less than 10 per cent but not less than 5 per cent, —0.5 unit for declared contents

less than 5 per cent; ( c ) Crude fibre: —1.8 units for declared contents

12 per cent or more, —15 per cent

the declared content for declared contents

less than 12 per cent but not less than 6 per cent, —0.9 units for declared contents

less than 6 per cent; ( d ) Ash insoluble in hydrochloric acid: —1 unit for declared contents

10 per cent or more, —10 per cent

the declared content for declared contents

less than 10 per cent but not less than 4 per cent, —0.4 unit for declared contents

less than 4 per cent; ( e ) Metabolisable energy in poultry feed: —0.4 units

the declared content; (iii) Where the variation noted is in the opposite direction to those referred to respectively in paragraphs 2

(1)and 2 (ii): ( a ) crude protein, crude oils and fats, total sugar, starch: tolerance twice that permitted for these substances in paragraphs 2 (i); ( b ) total phosphorus, calcium, potassium, magnesium, sodium-,crude ash, crude fibre; tolerance three times that permitted for these substances in paragraph 2
(1)and 2 (ii). 3. Where, on

ficial inspection the composition

a compound feedingstuff for pets is found to depart from the declared composition, the following tolerances are permitted, subject to Regulation 4: (i) Where the content recorded is less than the declared content: ( a ) Crude protein: —3.2 units for declared contents

20 per cent or more; —16 per cent

the declared content for declared contents

less than 20 per cent but not less than 12.5 per cent; —2 units for declared contents

less than 12.5 per cent. ( b ) Crude oils and fats: —2.5 units

the declared content. (ii) Where the content recorded is more than the declared content: ( a ) Moisture: —3.0 units for declared contents

40 per cent or more, —7.5 per cent

the declared content for declared contents

less than 40 per cent but not less than 20 per cent, —1.5 units for declared contents

less than 20 per cent. ( b ) Crude ash: —1.5 units

the declared content. ( c ) Crude Fibre: —1.0 unit

the declared content. (iii) Where the variation noted is in the opposite direction to those referred to respectively in paragraphs 3 (

  1. i)and 3 (ii): ( a ) Crude protein: —tolerance twice that permitted for that substance in paragraph 3 (
  2. i)(a), ( b ) Crude oils and fats: —identical tolerance to that permitted for that substance in paragraph 3 (
  3. i)(b), ( c ) Crude ash, crude fibre: —tolerance three times that permitted for those substances in paragraphs 3 (
  4. ii)(
  5. b)and 3 (
  6. ii)(c)". 15. The Regulations

1984 are hereby amended by the insertion

the following Schedules. "FIFTH SCHEDULE PART I General provisions 1. The levels indicated or to be declared relate to the weight

the compound feedingstuff as such, unless otherwise stated. 2. The moisture content

the feedingstuff must be stated if it exceeds: —7 per cent in the case

milk replacer feeds and other compound feedingstuffs with a milk product content exceeding 40 per cent, —5 per cent in the case

mineral feedingstuffs containing no organic substances, —10 per cent in the case

mineral feedingstuffs containing organic substances, —14 per cent in the case

other compound feedingstuffs. In the case

compound feedingstuffs with a moisture content not exceeding the limits stated in the paragraphs above, that content may also be declared. 3. The level

ash insoluble in hydrochloric acid shall not exceed 3.3 per cent

the dry matter in the case

compound feedingstuffs composed mainly

rice by-products and 2.2 per cent

the dry matter in other cases. However, the 2.2 per cent level may be exceeded in the case

: —compound feedingstuffs containing authorised mineral binding agents, —mineral compound feedingstuffs, —compound feedingstuffs containing more than 50 per cent

sugar beet chips or sugar beet pulp, —compound feedingstuffs intended for farmed fish with a fish meal content

over 15 per cent, provided that the level is declared as a percentage

the feedingstuff as such. In the case

compound feedingstuffs with a level

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

a live weight less than or equal to 70 kilograms must be at least 30 milligrams per kilogram

the complete feedingstuff at a moisture content

12 per cent. PART II Declaration

analytical constituents Feedingstuffs Analytical constituents and levels Species or category

animal Compulsory declarations according to Regulation 8A

(1)(i) Optional declarations according to Regulation 9
(2)(k)
(1)
(2)
(3)
(4)Complete Feedingstuffs. —Crude protein. Animals except pets other than dogs or cats. Pets other than dogs or cats. —Crude oils and fats. —Crude fibre. —Crude ash. —Lysine. Pigs. —Methionine. Poultry. —Cystine. — —Threonine. — —Tryptophan. — —Energy value. — Poultry (declaration in accordance with the method set out in Part III

this Schedule). —Starch. — All animals —Total sugar (as sucrose). — —Total sugar plus starch. — —Calcium. — —Sodium. — —Phosphorus. — —Magnesium. — —Potassium. — Feedingstuffs Analytical constituents and levels Species or category

animal Compulsory declarations according to Regulation 8A

(1)(i) Optional declarations according to Regulation 9
(2)(k)
(1)
(2)
(3)
(4)—Crude protein. — —Crude fibre. — —Crude ash. — —Crude oils and fats. — —Lysine. — All animals. —Methionine. — —Cystine. — Complementary feedingstuffs — —Threonine. — Mineral. —Tryptophan. — —Calcium. All animals. —Phosphorous. —Sodium. —Magnesium. Ruminants Animals other than ruminants. —Potassium. All animals. —Crude protein. All animals. —Crude fibre. Complementary feedingstuffs —total sugar (as sucrose). —Molassed. —Crude ash. —Crude oils and fats. — All animals. —Calcium — —Phosphorous — —Sodium. — —Potassium. — —Magnesium ≥# 0.5% Ruminants. Animals other than ruminants. — All animals. Feedingstuffs Analytical constituents and levels Species or category

animal Compulsory declarations according to Regulation 8A

(1)(i) Optional declarations according to Regulation 9
(2)(k)
(1)
(2)
(3)
(4)Complementary feedingstuffs — —Crude protein. Animals except pets other than dogs or cats. Pets other than dogs or cats. Other. —Crude oils and fats. —Crude fibre. —Crude ash. —Calcium ≥ 5% Animals other than pets. — —Phosphorous ≥ 2% Animals other than pets. ≥ — All animals. —Magnesium ≥ 0.5% Ruminants. Animals other than ruminants. — All animals. —Sodium. — All animals. —Potassium. — —Energy value. — Poultry (declaration in accordance with the method set out in Part II

this Schedule). —Lysine. Pigs. Animals other than pigs. —Methionine. Poultry. Animals other than poultry. —Cystine. — All animals. —Threonine. — —Tryptophan. — —Starch. — —Total sugar (as sucrose). — —Total sugar plus starch. — PART III Method

calculating the energy value

compound feedingstuffs for poultry. 1. Method

calculation and expression

energy value. The energy value

compound feedingstuffs for poultry must be calculated in accordance with the formual set out below on the basis

the percentages

certain analytical components

the feed. This value is to be expressed in megajoules (MJ)

metabolizable energy (ME), corrected to zero nitrogen retention, per kilogram

compound feedingstuff: ME (MJ/kg) = 0.551 x % crude protein + 0.3431 x % crude oils and fats + 0.1669 x % starch + 0.1301 x total sugar (expressed as sucrose). 2. Expression

result After application

the above formula, the result obtained must be given to one decimal place 3. Sampling and analysis methods. Sampling

the compound feedingstuff and determination

the content

analytical components indicated in the method

calculation must be performed in accordance with the following Community sampling methods and analysis methods for the

ficial control

feedingstuffs respectively:— —Sampling: the Annex to Commission Directive 76/371/EEC

1 March, 1976, —Determination

crude protein: the method set out under point 5.1

Part I

the Third Schedule to these Regulations —Determination

crude oils and fats: Method B, set out under point 4.1

Part I

the Third Schedule to these Regulations, —Determination

starch: the polarimetric method set out under point 3.2.1

Part I

the Third Schedule to these Regulations, —Determination

total sugar (expressed as sucrose): the method set out under point 3.3

Part I

the Third Schedule to these Regulations. SIXTH SCHEDULE PART I Categories

ingredients which may be indicated in place

individual ingredients when labelling compound feeds intended for pet animals. Description

the category Definition 1. Meat and animal derivatives. All the fleshy parts

slaughtered warm-blooded land animals, fresh or preserved by appropriate treatment, and, all products and derivatives

the processing

the carcase or parts

the carcase

warm-blooded land animals.

  1. Milk and milk derivatives. All milk products, fresh or preserved by appropriate treatment, and derivatives from the processing thereof.
  2. Eggs and egg derivatives. All egg products, fresh or preserved by appropriate treatment, and derivatives from the processing thereof.
  3. Oils and fats. All animal and vegetable oils and fats.
  4. Yeasts. All yeasts, the cells

which have been killed and dried. 6. Fish and fish derivatives. Fish or parts

fish, fresh or preserved by appropriate treatment, and derivatives from the processing thereof. 7. Cereals. All types

cereal, regardless

their presentation, or products made from the starchy endosperm. 8. Vegetables. All types

vegetables and legumes, fresh or preserved by appropriate treatment. 9. Derivatives

vegetable origin. Derivatives resulting from the treatment

vegetable products, in particular cereals, vegetables, legumes and oil seeds. 10. Vegetable protein extracts. All products

vegetable origin in which the proteins have been concentrated by an adequate process to contain at least 50 per cent crude protein, as related to the dry matter, and which may be restructured (textured). 11. Minerals. All inorganic substances suitable for animal feed. 12. Various sugars. All types

sugar. 13. Fruit. All types

fruit, fresh or preserved by appropriate treatment.

  1. Nuts. All kernels from shells.
  2. Seeds. All types

seeds, as such or roughly crushed.

  1. Algae. Algae, fresh or preserved by appropriate treatment.
  2. Molluscs and crustaceans. All types

molluscs, crustaceans, shellfish, fresh or preserved by appropriate treatment, and their processing derivatives. 18. Insects. All types

insects and their stages

development. 19. Bakery products. All bread, cakes, biscuits and pasta products. PART II Categories

ingredients which may be indicated in place

individual ingredients when labelling compound feeds intended for animals other than pets. Category Definition 1. Cereal grains. The whole

the grain from all cereal types (including buckwheat) regardless

their presentation, but from which no fraction other than hulls has been removed. 2. Cereal grain products and by-products. Fractional products and by-products

cereal grains other than oils included in category

  1. These products and by-products shall contain not more than 25 per cent crude fibre in the dry matter.
  2. Oil seeds. The whole

the seed or fruit from all types

oil seeds and oilfruits regardless

their presentation, but from which no fractions other than hulls or shells have been removed. 4. Oil seed products and by-products. Fractional products and by-products

oil seeds and oilfruits other than oils and fats included in category

  1. These products and by-products shall contain not more than 25 per cent crude fibre in the dry matter, unless they contain more than 5 per cent crude oils and fats in the dry matter, or more than 15 per cent crude protein in the dry matter.
  2. Products and by-products

legume seeds. Whole and fractional products and by-products

legume seeds other than leguminous oil seeds included in categories 3 and

  1. These products and by-products shall contain not more than 25 per cent crude fibre in the dry matter.
  2. Products and by-products

tubers and roots. Products and by-products derived from tubers and roots other than sugar beet included in category

  1. These products and by-products shall contain not more than 25 per cent crude fibre in the dry matter.
  2. Products and by products

sugar production. Products and by-products

sugar-beet and sugar-cane. These products and by-products shall contain not more than 25 per cent crude fibre in the dry matter. 8. Products and by products

fruit processing. Products and by products

fruit processing. These products and by-products shall contain not more than 25 per cent crude fibre in the dry matter, unless they contain more than 5 per cent crude oils and fats in the dry matter, or more than 15 per cent crude protein in the dry matter. 9. Dried forages. Aerial parts

forage plants, cut while green, artificially or naturally dried. These products shall contain not more than 25 per cent crude fibre in the dry matter, unless they contain more than 15 per crude protein in the dry matter.

  1. High fibre materials. Feed ingredients containing more than 25 per cent crude fibre in the dry matter, such as straw, hulls and chaff, other than products included in categories 4, 8 and
  2. Milk products. Products derived from the processing

milk, other than separated milk fats included in category

  1. Land animal products. Products from the processing

warm blooded land animal waste as defined in article 2

council Directive 90/667/EEC, excluding fat included in category 15, and which are substantially free

hooves, horn, bristle, unhydrolyzed hair and feathers, as well as mammalian digestive tract content. Also excluding products containing more than 50 per cent ash in the dry matter included in category 14. 13. Fish products. Whole or part

fish and other cold blooded marine animals, including products from fish processing other than fish oil and its derivatives included in category

  1. Also excluding products containing more than 50 per cent ash in the dry matter included in category
  2. Minerals. Inorganic or organic materials containing more than 50 per cent ash in the dry matter, other than materials containing more than 5 per cent

ash insoluble in hydrochloric acid in the dry matter.

  1. Oils and fats. Oils and fats from animal and vegetable sources, and their derivatives.
  2. Products from the bakery and pasta industries. Waste and surplus materials from the bakery and pasta industries.
  3. The following Regulations are hereby revoked, namely, Regulation 8

(1)(b), 8
(2)(b) and 8
(3)and Part III

the first Schedule

the European Communities (Marketing

feedingstuffs) Regulations, 1984, ( S.I. No. 200

1984 ); Regulation 3 and 4

the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1986, ( S.I. No. 262

1986 ); Regulation 4, 5 and 6

the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1988 ( S.I. No. 249

1988 ); and the European Communities (Marketing

Feedingstuffs) (Amendment) Regulations, 1991, ( S.I. No. 11

1991 ). 17.

(1)In this Regulation "the Regulations

1984" means the Regulations

1984 excluding the amendments affected by these Regulations.

(2)Where any compound feedingstuffs were manufactured before the 22nd January 1992, in accordance with the Regulations

1984, such compound feedingstuffs may be marketed in the State up to the 31st December, 1992 provided they comply with the Regulations

1984. GIVEN under my

ficial Seal, this 9th day

June, 1992. JOE WALSH, Minister for Agriculture and Food. EXPLANATORY NOTE. These Regulations amend the European Communities (Marketing

Feedingstuffs) Regulations, 1984, so as to give effect to;

(1)Commission Directive 86/174/EEC which lays down the method for calculating the energy content

poultry compounds,

(2)Council Directive 90/44/EEC which further harmonises Council Directive 79/373/EEC on the marketing

compound feeds, in particular with regard to the provisions governing labelling requirements and the manner in which ingredients must be declared,

(3)Commission Directive 91/334/EEC concerning categories

ingredients which may be used for the purposes

labelling compound feeds for pets,

(4)Commission Directive 91/357/EEC concerning categories

ingredients which may be used for the purposes

labelling compound feeds for farm animals,

(5)Commission Decision 91/516/EEC establishing a list

ingredients whose use is prohibited in compound feedingstuffs, and

(6)Council Directive 91/681/EEC concerning the marketing

compound feedingstuffs manufactured and labelled in accordance with the old rules. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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