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A draft Scottish Statutory Instrument to provide for the enforcement of EC Regulation 767/2009 of 13 July 2009 on the placing on the market and the use of feed.
Simon Craig
Animal Food Chain & Novel Foods Branch
Food Standards Agency in Scotland
6th Floor, St Magnus House
25 Guild Street
Aberdeen
AB11 6NJ
Tel:
01224 285138
Fax:
01224 285168
E-mail:
simon.craig@foodstandards.gsi.gov.uk
Responses are requested by: 21 June 2010
PDF Document
(pdf 36KB)
Who will this consultation be of most interest to?
Feed importers, feed merchants and feed compounders; enforcement authorities; analytical laboratories; farmers who produce feed materials; livestock farmers; purchasers of animal feed (including pet food and feed for horses); and others with an interest in the labelling, marketing and composition of animal feed.
What is the subject of this consultation?
A draft Scottish Statutory Instrument to provide for the enforcement of EC Regulation 767/2009 of 13 July 2009 on the placing on the market and the use of feed. This Regulation revokes a number of separate Directives on the labelling, marketing and composition of feed and brings their provisions together into a single, comprehensive legislative measure which applies directly in all member states as from 1 September 2010.
What is the purpose of this consultation?
To seek stakeholder views on:
Animal feed legislation is a harmonised area in the European Union (EU). It includes provisions on the marketing and use of feedingstuffs, which cover labelling declarations such as the ingredients used; analytical declarations for protein, fibre, ash, etc.; the name and address of the business; the batch number and shelf-life of the feed product; and certain allowable claims. EU feed legislation also specifies the maximum permitted levels of certain undesirable substances – chiefly naturally occurring environmental contaminants the presence of which cannot be wholly avoided -- and lays down a list of prohibited ingredients which must never be used in feed. This legislation applies principally to feed for farmed livestock, but also covers feed for pet animals, horses, farmed and ornamental fish, and zoo and circus animals.
These requirements are currently set out in a number of separate Directives, which have been transposed into law in Scotland by the Feeding Stuffs (Scotland) Regulations 2005 (as amended). These Directives have now been revoked and replaced by European Parliament and Council Regulation 767/2009/EC of 13 July 2009 on the placing on the market and the use of feed, which applies in EU member states from 1 September 2010.
Many of the provisions of EC Regulation 767/2009 are identical or very similar to those in the five Directives that it replaces, although the Regulation also introduces a number of changes, some more significant than others. The most important change is the repeal of the existing requirement for the mandatory percentage ingredient declaration for compound feed, which it is anticipated will save the UK feed industry around £44 million a year. Other changes include a new requirement for full labelling feed additives, and the removal of an existing derogation for the labelling of feed materials with a moisture content of more than 50% ("moist feeds"). Full details of the Regulation's provisions are given in section 3 of the Impact Assessment. Sections 5 and 6 of the Regulatory Impact Assessment set out its potential benefits and costs. However, the potential impact of the EC Regulation on enforcement authorities is not expected to be significant, since (other than the changes summarised above) the majority of existing feed labelling requirements are carried forward unchanged.
EC Regulations apply directly in member states, it is therefore necessary to revoke those provisions in national legislation which either repeat, conflict or overlap with the provisions of the EC Regulation. However, the nature of the amendments which would need to be made to the Feeding Stuffs (Scotland) Regulations 2005 (as amended) in order to achieve this would be so extensive that it has instead been decided to repeal the existing legislation in its entirety and to make a new set of Regulations – the Animal Feed (Scotland) Regulations 2010. The key features of the new Statutory Instrument are set out in the following box.
The Animal Feed (Scotland) Regulations 2010 will:
Responses are required by close Monday 21 June 2010. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).
This consultation has been prepared in accordance with the (External) 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.
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In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. 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.
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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 the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk
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