European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998

• Jurisdiction: Ireland
• Citation: IR SI 283/1998
• Year: 1998

S.I. No. 283 of 1998.

EUROPEAN COMMUNITIES (FEEDINGSTUFFS) (TOLERANCES OF UNDESIRABLE SUBSTANCES AND PRODUCTS) REGULATIONS, 1998

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 purpose of giving effect to Council Directive No. 74/63/EEC of 17 December, 19731, as amended by

1 O.J. No. L 38, 11. 2. 1974, p. 31

Commission Directive No. 76/14/EEC of 15 December 19752,

2 O.J. No. L 4, 9. 1. 1976, p.24

Commission Directive No. 76/934/EEC of 1 December 19763,

3 O.J. No. L 364, 31. 12. 1976, p. 20

Council Directive No. 80/502/EEC of 6 May 19804,

4 O.J. No. L 124, 20. 5. 1980, p 17

Commission Directive No. 83/381/EEC of 28 July 19835,

5 O.J. No. L 222, 13. 8. 1983, p. 31

Commission Directive No. 86/299/EEC of 3 June 19866,

6 O.J. No. L 189, 11. 7. 1986, p.40

Council Directive No. 86/354/EEC of 21 July 19867,

7 O.J. No. L 212, 2. 8. 1986, p. 27

Commission Directive No. 87/238/EEC of 1 April 19878,

8 O.J. No L 110, 25. 4. 1987, p. 25

Commission Directive No. 91/126/EEC of 13 February, 19919

9 O.J. No. L 60, 7. 3. 1991, p. 16

Commission Directive No. 92/63/EEC of 10 July, 199210

10 O.J. No. L 221, 6. 8, 1992, p. 49

Council Directive No. 92/88/EEC of 26 October, 199211

11 O.J. No. L 321, 6. 11. 1992, p. 24

Commission Directive No. 94/16/EEC of 22 April, 199412

12 O.J. No. L 104, 23. 4. 1994, p. 32

Council Directive No. 95/69/EC of 22 December, 199513

13 O.J. No. L 332, 30. 12. 1995, p. 15

Commission Directive No. 96/6/EEC of 16 February, 199614,

14 O.J. No. 49, 28. 2. 1996, p. 29

Council Directive No. 96/25/EC of 29 April, 199615,

15 O.J. No. L 125, 23. 5. 1996, p. 35

Commission Directive No. 97/8/EC of 7 February, 199716 and

16 O.J. No. L 48, 19. 2. 1997, p. 22

Commission Directive No 98/60/EC of 24 July, 199817

17 O.J. No. L 209, 25.7.1998, p. 50

hereby make tile following, Regulations: 1. (1) These Regulations may be cited as the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998. 2. (1) In these Regulations -

"animals" means animals belonging to species normally nourished and kept or consumed by man, as well as animals living freely in the wild in cases where they are nourished with feedingstuffs;

"authorised officer" means a person authorised in writing by the Minister for the purposes of these Regulations;

"complementary feedingstuffs" means mixtures of feedingstuffs which have a high content of certain substances and which, by reason of their composition, are sufficient for a daily ration only if they are used in combination with other feedingstuffs;

"complete feedingstuffs" means mixtures of feedingstuffs which, by reason of their composition, are sufficient for a daily ration;

"compound feedingstuffs" means mixtures of feed materials, whether or not containing additives, which are intended for oral animal feeding as complete or complementary feedingstuffs;

"the Directive" means Council Directive No. 74/63/EEC of 17 December 1973 1 , as amended by:-

1 O.J. No. L 38, 11.2. 1974, p.31

Commission Directive No. 76/14/EEC of 15 December 19752.

2 O.J. No, L 4.9. 1. 1976, p.24

Commission Directive No. 76/934/EEC of 1 December 19763,

3 O.J. No. L 364, 31. 12, 1976, p. 20

Council Directive No. 80/502/EEC of 6 May 19804,

4 O.J. No. L 124, 20. 5. 1980, p. 17

Commission Directive No. 83/381/EEC of 28 July 19835.

5 O.J. No. L 222, 13. 8. 1983, p. 31

Commission Directive No. 86/299/EEC of 3 June 19866,

6 O.J. No. L 189, 11. 7. 1986, p.40

Council Directive No. 86/354/EEC of 21 July 19867,

7 O.J. No. L 212, 2. 8. 1986, p. 27

Commission Directive No. 87/238/EEC of 1 April 19878.

8 O.J. No L 110, 25. 4. 1987, p. 25

Commission Directive No. 91/126/EEC of 13 February, 19919

9 O.J. No. L 60, 7. 3. 1991, p. 16

Commission Directive No. 92/63/EEC of 10 July, 199210

10 O.J. No. L 221, 6. 8. 1992, p. 49

Council Directive No. 92/88/EEC of 26 October, 199211

11 O.J. No. L 321, 6. 11. 1992, p. 24

Commission Directive No. 94/16/EEC of 22 April, 199412

12 O.J. No. L 104, 23. 4. 1994, p. 24

Council Directive No. 95/69/EEC of 22 December, 199513

13 O.J. No. L 332,30. 12. 1995, p. 15

Commission Directive No. 96/6/EEC of 16 February, 199614,

14 O.J. No. L 49, 28. 12. 1996, p. 29

Commission Directive No. 96/25/EC of 29 April, 199615,

15 O.J. No. L 125, 23. 5. 1996, p. 35

Commission Directive No. 97/8/EC of 7 February, 199716, and

16 O.J. No. L 48, 19. 2. 1997, p. 22

Commission Directive No. 98/60/EC of 25 July, 199817

17 O.J. No. L 209, 25.7. 1998, p. 50

"feedingstuffs" means products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, used singly or in mixtures. whether or not containing additives, for oral animal feeding;

"feed materials" means various products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for use in oral animal feeding, either directly as such or after processing, in the preparation of compound feeding stuffs or as carriers of premixtures;

"Member State" means a Member State of the European Communities;

"Minister" means the Minister for Agriculture and Food;

"official method of analysis" means a method of analysis specified in the European Communities (Feedingstuffs) (Method of Analysis) Regulations, 1978 to 1994;

"pet animals" means animals belonging to species normally nourished and

kept but not consumed by man, except animals bred for fur production;

"the State Chemist" means the head of the State Laboratory or a person authorised by him/her in writing to perform, the functions assigned to the State Chemist by these Regulations;

"third country" means a country or territory which is not a Member State;

"undesirable substance or product" means a substance or product specified in the first column of the First Schedule or the Second Schedule to these Regulations.

(2) A word or phrase that is used in these Regulations and is also used in the Directive shall, unless the contrary intention appears, have the meaning that it has in the Directive. 3. (1) Feed materials may only be put into circulation if they are sound, genuine and of merchantable quality.

(2) In particular, and subject to Part I of the Second Schedule to these Regulations, feed materials cannot be considered as sound, genuine and of merchantable quality if the level of undesirable substances or products is so high as to make it impossible to respect the maximum levels fixed for compound feedingstuffs in the First Schedule to these Regulations. 4. A person shall not -

(a) put into circulation,

(b) use to feed animals,

(c) use in the manufacture of compound feedingstuffs,

(d) have in his possession for such uses -

(i) a feedingstuff to which these Regulations apply and which contains an undesirable substance or product unless the feedingstuff complies with Regulation 5 of these Regulations, or

(ii) a feed material unless the feed material complies with Regulations 7 and 8 of these Regulations. 5. (1) The amount of any undesirable substance or product contained in a feeding stuff mentioned in the second column of the First Schedule to these Regulations opposite the mention of the substance or product in the first column of the said Schedule shall not exceed the maximum content specified in the third column of the said Schedule opposite the mention of the feeding stuff in the said second column.

(2) The reference in the second column of the First Schedule to these Regulations opposite the mention of an undesirable substance or product to a complete feedingstuff shall, in a case in which there is no mention in that column opposite the mention of the substance or product of a complementary feeding stuff, be construed as including a reference to a complementary feedingstuff.

(3) Notwithstanding paragraph (2) of this Regulation, where a complementary feedingstuff is such that were it diluted in accordance with instructions issued by its manufacturer and printed on its packaging, or on a label attached thereto, or, in case the complementary feedingstuff is delivered in bulk, on documents accompanying the feedingstuff, the resulting feedingstuff would comply with the requirements of paragraph (1) of this Regulation, then the said requirements shall, as regards the feedingstuff, be regarded as having been complied with. 6. The maximum permitted level for lead in green fodder provided for in the First Schedule to these Regulations may be exceeded in the case of fodder which is produced and used in the same state on the same agricultural holding where, in the opinion of the Minister, this is necessary because of the proximity of the holding to a mining site, provided that the Minister is satisfied that neither animal nor human health can suffer harm because of such excess level. 7. The amount of any undesirable substance or product contained in a feed material mentioned in column (2) of Part I of the Second Schedule to these Regulations opposite the mention of the substance or product in column (1) to the said Schedule shall not exceed the maximum content specified in the third column of the said Schedule opposite the mention of the feed material in the said second column. 8. Subject to the provisions of Regulation 7 of these Regulations, where the content of an undesirable substance or product mentioned in column (1) of Part II of the Second Schedule to these Regulations in a feed material mentioned in column (2) of the said Part II exceeds the level laid down in column (3) of the First Schedule...