NOTIFICATION, REGISTRATION AND APPROVAL OF FEED BUSINESS OPERATIONS [ S.L.437.97 1 SUBSIDIARY LEGISLATION 437.97 NOTIFICATION, REGISTRATION AND APPROVAL OF FEED BUSINESS OPERATIONS RULES 30th October, 2009 LEGAL NOTICE 318 of 2009. 1.
(1)The title of these rules is the Notification, Registration and Approval of Feed Busines Operations Rules.
(2)Citation and scope. These rules provide for: (
- a)the activities of feed business operators at all stages, from and including primary production of feed, up to and including, the placing of feed on the market; (
- b)the feeding of food-producing animals; (
- c)imports and exports of feed from and to third countries.
(3)These rules shall not apply to the following: (
- a)the private domestic production of feed: (
- i)for food-producing animals kept for private domestic consumption; and (
- ii)for animals not kept for food production; (
- b)the feeding of food-producing animals kept for private domestic consumption or for the activities mentioned in Article 1
(2)(
- c)of (EC) Regulation No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs; (
- c)the feeding of animals not kept for food production; (
- d)the direct supply of small quantities of primary production of feed at local level by the producer to local farms for use on those farms; (
- e)the retailing of pet food. 2. In these rules, unless the context otherwise requires, "the competent authority" means the Department responsible for Veterinary Services. Interpretation. 3. Feed business operators shall ensure that all stages of production, processing and distribution under their control are carried out in accordance with Community legislation, the laws of Malta comparable therewith, and good practice. They shall ensure in particular that they satisfy the relevant hygiene requirements laid down in (EC) Regulation No. 183/2005. General obligations. 4. When feeding food-producing animals, farmers shall take measures and adopt procedures to keep the risk of biological, chemical and physical contamination of feed, animals and animal Low risk achievement. 2 [ S.L.437.97 NOTIFICATION, REGISTRATION AND APPROVAL OF FEED BUSINESS OPERATIONS products as low as reasonably possible. Specific obligations. 5.
(1)For operations at the level of primary production of feed and the following associated operations (
- a)transport, storage and handling of primary products at the place of production; (
- b)transport operations to deliver primary products from the place of production to an establishment; (
- c)mixing of feed for the exclusive requirements of their own holdings without using additives or premixtures of additives with the exception of silage additives, feed business operators shall comply with the provisions in Annex 1 of (EC) Regulation No. 183/2005, where such provisions are relevant to the operations which are being carried out.
(2)For operations other than those referred to in sub-rule
(1), including mixing of feed for the exclusive requirements of their own holdings when using additives or premixtures of additives with the exception of silage additives, feed business operators shall comply with the provisions of Annex II of (EC) Regulation No. 183/2005, where relevant to the operations which are being carried out.
(3)Feed business operators shall: (
- a)comply with specific microbiological criteria; (
- b)take measures or adopt procedures necessary to meet specific targets: Provided that the criteria and targets referred to in paragraphs (
- a)and (
- b)shall be adopted in accordance with the procedure referred to in Article 31
(2)of (EC) Regulation No. 183/ 2005.
(4)Feed business operators may use the guides provided for in Chapter III of (EC) Regulation No. 183/2005 to help them comply with their obligations under this rule.
(5)Farmers shall comply with the provisions set out in Annex III of (EC) Regulation No. 183/2005 when feeding food-producing animals. Official controls, notification and registration. 6.
(1)Feed business operators shall cooperate with the competent authorities, in accordance with the relevant Community legislation and these rules.
(2)Feed business operators shall: (
- a)notify the competent authority within three weeks of notice published in the Gazette in this regard, of any establishments under their control, which are active in any stages of production, processing, storage, transport or distribution of feed, in the form required by the competent authority with a view to registration; (
- b)provide the competent authority with up-to-date information on any establishments under their control NOTIFICATION, REGISTRATION AND APPROVAL OF FEED BUSINESS OPERATIONS [ S.L.437.97 as referred to in paragraph (a), including notifying the competent authority of any significant change in activities and any closure of an existing establishment.
(3)The competent establishments. authority shall keep a register of 7. Feed business operators shall ensure that establishments under their control and covered by (EC) Regulation No. 183/2005 are approved by the competent authority, where: Approval of feed business establishments. (
- a)such establishments carry out any of the following activities: (
- i)manufacturing and, or placing on the market of feed additives covered by (EC) Regulation No. 1831/2003 or products covered by Directive 82/ 471/EEC and referred to in Chapter 1 of Annex IV of (EC) Regulation No. 183/2005; (
- ii)manufacturing and, or placing on the market of premixtures prepared using feed additives referred to in Chapter 2 of Annex IV to (EC) Regulation 183/2005; (iii) manufacturing for placing on the market, or producing for the exclusive requirements of their holdings, compound feeding stuffs using feed additives or premixtures containing feed additives and referred to in Chapter 3 of Annex IV of (EC) Regulation No. 183/2005; and (
- b)approval by the competent authority is necessary where the establishment is located. 8. Feed business operators shall not operate without: Requirements. (
- a)registration as provided in rule 6; or (
- b)approval, when required in accordance with rule 7. 9.
(1)For each activity, the competent authority shall record in a national list or lists the establishments it has registered in accordance with rule 6 of these rules.
(2)Establishments approved by the competent authority in accordance with Article 13 of (EC) Regulation 183/2005 shall be recorded in a national list, under an individual identifying number.
(3)The competent authority shall keep updated the records of establishments in the list referred to in sub-rules
(1)and
(2)in accordance with the decisions referred to in Articles 14, 15 and 16 of (EC) Regulation No. 183/2005 to suspend, revoke or amend registration or approval.
(4)The list referred to in sub-rule
(2)shall be drawn up in accordance with the model set out in Annex V Chapter 1 of (EC) Regulation No. 183/2005.
(5)The identifying number referred to in sub-rule
(2)shall be in the form set out in Annex V, Chapter 1 of (EC) Regulation No. 183/2005. List of registered and approved establishments. 3 4 [ S.L.437.97 NOTIFICATION, REGISTRATION AND APPROVAL OF FEED BUSINESS OPERATIONS
(6)The competent authority shall publish, by notice in the Gazette, the list of establishments referred to in sub-rule
(1).