European Commission proposal for a regulation on the marketing and use of animal feed (Northern Ireland)

Animal feed legislation is a harmonised area in the European Union (EU). The existing legislation covers:

• the labelling of additives, feed materials and compound (manufactured) feeds
• the names and descriptions of feed materials
• the permitted nutritional claims which may be made for certain types of feedingstuffs
• the authorised additives which may be incorporated in feed
• specified prohibited materials which may not be used in feed
• the maximum permitted levels of certain undesirable substances (contaminants)

The legislation is intended to safeguard both animal health and the health of consumers of animal products. Although it applies primarily to feed for farmed livestock it also covers feed for horses, farmed fish, pets, zoo and circus animals. The legislation must also meet the needs of purchasers and users of feed (such as livestock farmers).

On 5 March 2008 the European Commission published a proposal to modernise and simplify legislation on the marketing and use of animal feed. The proposal is available on the Commission's website and is intended to replace four existing directives with one regulation which will apply directly in all Member States and bring together into one comprehensive document most of the provisions of the four existing directives it will replace. It will thereby eliminate inconsistencies between Member States in the transposition of these four Directives and so contribute to the better functioning of the single market. The regulation also aims to contribute to a reduction of administrative burdens on industry by removing unnecessary labelling requirements.

The key aspects of the proposed regulation are:

• repeal of the existing requirement to declare the ingredients of compound feed by their percentage weight of inclusion
• introduction of a clear demarcation between complementary feeds and premixtures
• a new requirement for compound feed labelling to declare the presence of all additives subject to a maximum inclusion rate
• stricter limits of variation for labelling declarations of analytical ingredients (protein, fibre, moisture, etc.)
• repeal of the existing requirement for a pre-market assessment of new bioprotein products
• introduction of new controls on the claims that can be made for feed products
• removal of the existing derogation for the labelling of feed materials with a moisture content of more than 50%
• introduction of a formal procedure for the addition of new entries to the list of nutritional purposes for which dietetic feeds may be promoted
• introduction of a Community Catalogue of feed materials, in place of the existing list of such materials in current legislation, and Codes of Practice for the labelling of feed

The proposed regulation does not contain provisions on feed containing or produced from genetically modified organisms, controls on the use of feed additives, or measures to control contaminants, which are and will remain the subject of separate EC measures.

Fuller details of the proposal's key aspects, the Food Standards Agency's preliminary view of the proposed Regulation and the likely policy options for its implementation are set out in the draft Impact Assessment at the link below.

Specific Questions for Stakeholders
The purpose of this consultation is to obtain stakeholder views on the key aspects of the proposed regulation on the marketing and use of animal feed, as set out in paragraph six, to help inform the UK's negotiating lines on the measure. In particular, we would be grateful for any responses you may have to the following issues:

• your opinion of the proposed new definitions for 'food producing' and 'non-food producing' animals (in particular the proposed classification of horses as food-producing because they are 'normally consumed' in other Member States), and for 'labelling', 'label' and 'presentation'
• whether you agree with the exclusion of water from the scope of the proposed regulation
• whether you consider it appropriate to extend the principles of feed law relating to feed safety, traceability and the responsibilities of feed business operators to feed for non-food producing animals
• whether you agree with the proposed repeal of the existing requirement for the percentage declaration of the ingredients of compound feeds
• whether you consider that the introduction of a clear demarcation between complementary feeds and premixtures will help control the levels of additives present in the former, and your opinion of the possible impact of this demarcation on additives fed directly via boluses, pastes and drenches
• the likely impact, on both feed manufacturers and enforcement officials, of the proposed mandatory declaration of any additive where the authorisation for that additive lays down the maximum amount which may be included
• the likely impact, on both feed manufacturers and enforcement officials, of the proposed simplification of the current limits of variation, which among other things would result in a tightening of some of them – in particular, whether allowance should be made for uncertainties naturally present in the sampling process
• whether you consider it appropriate to repeal the existing requirement for a pre-market assessment of bioprotein products, or whether there are possible safety implications which should require the submission of a dossier to demonstrate their safety in use
• whether it is appropriate to require manufacturers who make claims for the function or composition of their feed products to provide scientific substantiation of them
• the potential impact on businesses of the proposal to require pet food labelling to provide a freephone number for customers to obtain details of the ingredients, including the full additive content
• whether you consider the labelling of feed which is contaminated and is to be cleaned prior to use is justified, bearing in mind the claimed potential for its diversion back into the feed chain if it is not so labelled
• the likely impact of the proposed repeal of the existing derogation for labelling the analytical declarations for feed materials with a moisture content of more than 50%
• the likely usefulness of a formal procedure for the consideration of new nutritional purposes
• your opinion of the proposed Community Catalogue of feed materials and the Codes of Practice for good labelling

It would be very helpful if stakeholders could provide financial details of the potential benefits and costs to them of the proposed regulation. Although the Agency's preliminary view is that the regulation will largely be replacing four existing directives and introducing few new provisions, and therefore that there will be few additional costs to the feed industry and enforcement authorities, the proposal may have impacts on which we are currently unsighted and on which we would therefore welcome information. Any financial information provided will help to both inform the UK negotiating line and refine the Regulatory Impact Assessment as the negotiations proceed.

This consultation has been prepared in accordance with the 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.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. 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.

Data protection form (Word)

Data protection form (pdf)

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 Judith Taylor, the FSA Consultation Co-ordinator, on 020 7276 8633.
Email: judith.taylor@foodstandards.gsi.gov.uk