Guidance to the main provisions of The Feeding Stuffs Regulations (Northern Ireland) 2005
Wednesday 28 June 2006
Legislation concerning animal feedingstuffs, which includes pet food and feed for horses and farmed fish, is harmonised throughout the EU and based on measures negotiated in Brussels by the Member States.
Introduction
There are three types of legislative measures:
- a Regulation, which is binding in its entirety and directly applicable in all EU Member States
- a Directive, which is binding on the Member States to which it is addressed as regards the result to be achieved, although the form of its implementation is at the discretion of the Member States� national authorities
- a Decision, which is binding in its entirety to those to whom it is addressed but requires transposition into Member States' law before it can have effect
All three types of legislation require provisions for their enforcement. This is usually achieved by linking the measures to the powers of enforcement officers and penalties for non-compliance.
This legislation concerns the integrity of the feed chain and is primarily intended to safeguard animal and human health. Much of it concerns labelling and marketing, to ensure both traceability throughout the feed chain and the provision of accurate information to purchasers and enforcement authorities. 'Quality' issues, such as the proportions of particular ingredients to be used in a feed, or their source, and the nutritional content (or 'profile') of feeds are outside the scope of the legislation. These matters are generally covered by industry feed assurance schemes and other codes of practice, which have no statutory basis.
The bulk of EU feed legislation on the marketing, labelling and composition of animal feedingstuffs is currently given force in Northern Ireland by these Regulations. Separate but parallel Regulations apply in England, Scotland and Wales. Additional legislation also applies to animal feed, some of which is the responsibility of other Government bodies, such as the Department of Agriculture and Rural Development (DARD) and the Veterinary Medicines Directorate (VMD).
The Food Standards Agency is responsible for most feedingstuffs legislation. Legislation drafted by the Agency is normally signed in Northern Ireland by a senior officer of the Department of Health, Social Services and Public Safety. Enforcement of the legislation is the responsibility of DARDin Northern Ireland and mainly local authority trading standards departments in Great Britain.
Guidance Notes
The document is an introductory guide to the main provisions. It is intended for the use of enforcement personnel and feed business operators (feed manufacturers, importers, merchants, food businesses selling food products into the animal feed chain), including new businesses wishing to gain an understanding of the legislation.
This guide should be read in conjunction with, not as a substitute for, the legislation. Its interpretation of the law is only an opinion. Only the courts can decide whether in particular circumstances an offence may have been committed. Feed business operators should seek advice from their enforcement authority.
