European Communities (Feed Additives) Regulations, 2005

• Jurisdiction: Ireland
• Citation: IR SI 242/2005
• Year: 2005

Statutory Instruments.
S.I. No. 242 of 2005 .
EUROPEAN COMMUNITIES (FEED ADDITIVES) REGULATIONS 2005
S.I. No. 242 of 2005
European Communities (Feed Additives) Regulations 2005
Arrangement of Regulations
1. Citation 2. Interpretation 3. Prohibition 4. Current authorisations 5. Scientific research 6. Use of certain feed additives 7. Putting feedingstuffs incorporating additives into circulation 8. Expiry date of guarantee or storage life 9. Distribution documents 10. Packaging for pet foods 11. Authorised officers 12. Powers of authorised officers 13. Search warrant 14. Disposal notice 15. Forgery 16. Obstruction etc. 17. Offences 18. Forfeiture of feed additive etc. 19. Evidential burden 20. Certificate 21. Fixed penalty notice 22. Disposal of monies 23. Revocations Schedule
S.I. No. 242 of 2005
European Communities (Feed Additives) Regulations 2005
I, Mary Coughlan, 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 ) for the purpose of giving effect to Regulation (EC) No. 1831/2003 of the European Parliament and of the Council of 22 September 20031 , and Council Directive 70/524/EEC of 23 November 19702 as amended by Council Directive 96/51/EC of 23 July 19963 hereby make the following regulations-
	Citation	1. These Regulations may be cited as the European Communities (Feed Additives) Regulations 2005.
	Interpretation	2.(1) In these Regulations-
“authorised officer” means-
(a) an authorised officer appointed under the European Communities (Animal Nutrition Inspections Regulations 2003 ( S.I. No. 238 of 2003 ),
(b) a person appointed under Regulation 11,
(c) a member of the Garda Siochana, or
(d) an officer of Customs and Excise;
“European Regulation” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council of 22 September 2003 and Council Directive 70/524/EEC of 23 November 1970 as amended by Council Directive 96/51/EC of 23 July 1996;
“Minister” means the Minister for Agriculture and Food;
“premises” includes land with or without buildings, a vehicle (including a ship, hovercraft, aircraft and offshore installation (being an offshore installation within the meaning assigned to it by section 2 (1) of the Safety, Health and Welfare (Offshore Installations) Act 1987 ) ( No. 18 of 1987 ), railway wagon, container or other thing used in connection with, or ancillary to, a thing aforesaid;
“Regulations of 1999” means the European Communities (Additives in Feedingstuffs) Regulations 1999 ( S.I. No. 398 of 1999 ).
(2) In these Regulations, a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations unless it is indicated that a reference to some other Regulation or Schedule is intended and a reference to a paragraph or a subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) A word or expression that is used in the European Regulation and that is also used in these Regulations has, in these Regulations, the same meaning as it has in the European Regulation.
	Prohibition	3.(1) Subject to Regulation 4, a person shall not-
(a) manufacture a feed additive,
(b) have a feed additive or a feedingstuff into which a feed additive has been incorporated in his or her possession or under his or her control,
(c) have an animal, to which has been fed a feed additive or a feedingstuff into which a feed additive has been incorporated in his or her possession or under his or her control,
(d) slaughter, sell or supply an animal to which subparagraph (c relates,
(e) sell or supply the meat of an animal to which subparagraph (c relates, or
(f) have the meat or other product of an animal to which subparagraph (c) relates in his or her possession or under his or her control,
unless the feed additive is covered by an authorisation granted in accordance with the European Regulation and the authorisation and the European Regulation is complied with in respect of the feed additive.
(2) Notwithstanding paragraph (1), from 1 January 2006, a person shall not-
(a) manufacture a feed additive that consists of or contains an antibiotic,
(b) incorporate a feed additive that consists of or contains an antibiotic into a feedingstuff,
(c) place on the market a feed additive or feedingstuff to which either paragraph (a) or (b) applies,
(d) have a feed additive or a feedingstuff into which a feed additive that consists of or contains an antibiotic has been incorporated in his or her possession or under his or her control, or
(e) have an animal, to which has been fed a feed additive that consists of or contains an antibiotic or a feedingstuff into which a feed additive that consists of or contains an antibiotic has been incorporated, in his or her possession or under his or her control.
(3) In paragraph (2), a reference to an antibiotic does not refer to a coccidiostat or histomonostat that is incorporated in a feed additive placed on the market in accordance with the European Regulation, including an authorisation granted under the European Regulation, or a Regulation cited in the Schedule.
	Current authorisations	4.(1) Notwithstanding Regulation 3 (1), a feed additive or a feedingstuff into which a feed additive is incorporated that, before 18 October 2004, was placed on the market in accordance with the Regulations of 1999 may be placed on the market in accordance with the European Regulation for so long as -
(a) Article 10 of the European Regulation is complied with in respect of the feed additive, and
(b) the community authorisation issued in respect of the feed additive in accordance with Council Directive 70/524/EEC of 23 November 19702 is complied with.
(2) A community authorisation to which paragraph (1)(b) refers is, subject to compliance with paragraph (1), considered to be an authorisation granted under the European Regulation.
	Scientific research	5.(1) A person shall not carry out an experiment for scientific purposes to which Article 3(2) of the European Regulation applies other than under and in accordance with an authorisation granted for the purposes of that provision (“research authorisation”).
(2) The Minister may grant a research authorisation, attach conditions thereto revoke or vary a condition, revoke a research authorisation or refuse an application.
(3) An application for a research authorisation shall be in a form and contain any particular that the Minister may require.
(4) The Minister shall not consider an application for a research application unless the application is accompanied by the fee (if any) specified by the Minister.
(5) The Minister may specify a fee in respect of an application for a research authorisation.
(6) The Public Offices Fees Act 1879 does not apply to a fee under this Regulation.
	Use of certain feed additives	6.(1) A person shall not use a feed additive named in a Regulation or a Directive cited in the Schedule other than under and in accordance with the Regulation in which the feed additive is named.
(2) A person shall not present for slaughter or slaughter an animal to which a feed additive named in a Regulation or a Directive cited in the Schedule or feedingstuff that consists of or contains the feed additive has been administered, unless the withdrawal period in respect thereof (if any) set out in that Regulation or Directive has elapsed.
(3) A person shall not process, have in his or her possession, place on the market or otherwise deal with the meat or other product of an animal to which paragraph (2) refers.
(4) A person shall not feed a feed additive named in a Regulation or Directive cited in the Schedule or a feedingstuff containing the feed additive to an animal or class or species of animal not named in that Regulation or Directive.
	Putting Feedingstuffs incorporating additives into circulation	7.(1) A person shall not put feedingstuffs incorporating the additives belonging to the groups listed below into circulation unless the following particulars which must be clearly visible, readily legible and indelible are given on the package container or a label affixed thereto -
(a) for antibiotics, coccidiostats and other medicinal substances and growth promoters -
(i) the specific name given to the additive upon authorisation,
(ii) the active substance level,
(iii) the expiry date of the guarantee of that level or storage life from the date of manufacture, and
(iv) the approval number assigned to the establishment in accordance with Council Directive 95/69/EC4 ;
(b) for substances having antioxidant effect -
(i) in the case of pet foods the use of the words “with antioxidant” followed by the specific name given to the additive upon authorisation or
(ii) in the case of compound feedingstuffs other than pets foods the specific name given to the additive upon authorisation;
(c) for colorants, including pigments provided that these are used for the coloration of feedingstuffs or animal products -
(i) in the case of pet foods the use of the words “colorant” or “coloured with” followed by the specific name given to the additive upon authorisation, or
(ii) in the case of compound feedingstuffs other than pets foods the specific name given to the additive upon authorisation;
(d) for vitamin E -
(i) the specific name given to the additive upon authorisation,
(ii) the alpha-tocopherol level, and
(iii) the expiry date of the guarantee of that level or storage life from the date of manufacture;
(e) for vitamins A...