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Guidance Notes on the Feeding Stuffs (Safety Requirements for Feed

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					                                                                                      FSA.06194




 Guidance Notes on the Feeding Stuffs (Safety Requirements for
      Feed for Food Producing Animals) Regulations 2004
Important Note

1. This Guidance has been produced with the aim of providing informal, non-
   statutory advice and should be read in conjunction with the Feeding Stuffs
   (Safety Requirements for Feed for Food Producing Animals) Regulations
   2004.

2. The advice in this Guidance should not be taken as an authoritative statement
   or interpretation of the law, as only the courts have this .power. Ultimately, only
   the Courts can decide whether, in particular circumstances, an offence has
   been committed.

3. Every effort has been made to ensure that these Guidance Notes are as
   helpful as possible. However, it is ultimately the responsibility of individual
   organisations to ensure their compliance with the law. Organisations with
   specific queries may wish to seek further advice from their home Authority.

Regulation 3-offences, penalties and enforcement

4. This regulation sets out the penalties available to the courts if persons fail to
   comply with Articles, 15, 16, 18 and 20 of EC Regulation 178/2002. It requires
   'enforcement authorities' to enforce the provisions of the Regulations and
   Articles 15, 16, 18 and 20 of Regulation 178/2002, within their areas. With the
   exception of zootechnical feed products, local authorities in Great Britain are
   responsible for enforcement. The Animal Medicines Inspectorate of the Royal
   Pharmaceutical Society of Great Britain is responsible for enforcement as far
   as zootechnical feed products are concerned, and this will be covered in
   separate Regulations. (Zootechnical feed additives include antibiotic and other
   growth promoters).

5. Article 20 lays down the responsibilities and obligations of feed business
   operators, particularly with regard to feed that does not, or may not satisfy feed
   safety requirements. This covers actions relating to the withdrawal of unsafe
   feed including steps taken on the operator's own initiative, passing on relevant
   information, and co-operating with 'competent authorities' and with others in
   the supply chain. For the purposes of this article, the competent authorities
   are both local authorities and the Food Standards Agency.

6. Existing legislation - regulation 6 of the Feeding Stuffs (Enforcement)
   Regulations 1999 (as amended) and regulation 14(9) of the Feeding Stuffs
   Regulations 2000 (as amended) - already requires feed businesses to report
   non-compliance with other feed legislation (e.g. on undesirable substances
   controls).




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Regulation 4 - application of various provisions of the Agriculture Act 1970

7. This regulation applies various provisions of the Agriculture Act 1970 for the
   purposes of the draft Regulations and Article 15, 16, 18 and 20 of EC
   Regulation 178/2002. These provisions relate mainly to:
   (1) an inspector's powers to enter a premises to take samples of feed and
       copies of documents;
   (2) the conduct of the analysis of any samples;
   (3) defences available to any person accused, and
   (4) where a corporate body is guilty of the offence, the potential for individual
       officers of that body to be culpable if the offence is due to their connivance,
       consent or negligence.

Regulation 5 - application of various provisions of the Feeding Stuffs
(Sampling and Analysis) Regulations

8. The effect of this regulation is that it will apply various of the rules and
   procedures on the sampling and analysis of feeding stuffs to the provisions of
   the Regulations. For example, enforcement authorities must have regard to
   these procedures when taking formal samples to enforce Article 15 of
   178/2002 (placing on the market of unsafe feed). These procedures will be
   familiar to officers already engaged in enforcing existing animal feed
   legislation.

Regulation 6 -Inspections, seizure and detention of suspected animal feed

9. This regulation sets out powers for inspectors of enforcement authorities to
   inspect feeds.

10.This regulation also sets out certain enforcement procedures that will apply
   when it appears that feed does not comply with the feed safety requirements
   of Article 15.1 of EC Regulation 178/2002. (Article 15.1 states 'Feed shall not
   be placed on the market or fed to any food-producing animal if it is unsafe'.)
   This regulation mirrors the procedures that exist in relation to unsafe food
   because Regulation 178/2002 applies a very similar regime to both food and
   feed.

Regulations 9-12 - Consequential Amendments to the Agriculture Act 1970

11. Section 73 of the Agriculture Act 1970 makes it an offence to sell or be in
    possession for the purpose of selling any material for use as animal feed,
   which contains any deleterious ingredients. Section 73A covers similar
    provisions relating to feeds which are unwholesome or dangerous. As well as
   farmed creatures these sections apply to pet animals and therefore go beyond
   the scope of the feed safety provisions of EC Regulation 178/2002, which only
    apply to feed for food producing animals.

12.Although there may be overlap between the concepts of 'deleterious' and
   'unwholesome' they may not always equate to the concept of 'safety' used in
   EC Regulation 178/2002. This amendment permits the sections 73 and 73(A)

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   of the Agriculture Act 1970 to apply in circumstances where EC Regulation
   178/2002 does not.

Further information about these Guidance Notes

Enquiries about, and further copies of these guidance notes may be obtained
from:
       Joseph Nicholas
       Room 415B
       Animal Feed Unit
       Food Standards Agency
      Aviation House
       125 Kingsway
       London
       WC2B 6NH

        Tel: 020 7276 8462
        Fax: 020 7276 8478
        E-mail: joseph.nicholas@foodstandards.gsi.gov.uk




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