S.I. No. 216/1989 - European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989.

1. Aflatoxin B

1

Groundnut and products derived from the processing thereof

Copra and products derived from the processing thereof

Palm kernel and products derived from the processing thereof

Cotton seed and products derived from the processing thereof

Babassu and products derived from the processing thereof

Maize and products derived from the processing thereof

2. Cadmium

Phosphates

(1)

Cadium content per percentage point phosphorus.

PART II

Substances, products

Raw materials

(1)

(2)

THIRD SCHEDULE

Fees referred to in regulation 9 (2) (b)

The fee payable in respect of analysis for undesirable substances and products in feedingstuffs shall be calculated at the rate of £9.00 per hour.

GIVEN under my Official Seal, this 28th day of August, 1989.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

The Regulations, which control the content of undesirable substances and products in feedingstuffs, and raw materials, consolidate existing legislation and implement additional amendments to Council Directive No. 74/63/EEC. The Regulations revoke the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1977 and 1986 and also the European Communities (Tolerances of Aflatoxin B1) Regulations, 1982.

3. Unhusked beech mast — Fagus silvatica L.

4. Camelina — Camelina sativa (L.) Crantz

5. Mowrah, bassia, madhuca — Madhuca longifolia (L.)

Macbr. (= Bassia longifolia L. = Illipe malabrorum Engl.) Madhuca indica Gmelin (= Bassialatifolia Roxb. = Illipe latifolia (Roxb.) F. Mueller)

6 Purghera — Jatropha curcas L.

6. Vinyl-thiooxazolidone (Vinyloxazolidine thione)

Complete feedingstuffs for poultry with the exception of

1,000

—complete feedingstuffs for laying hens

500

7. Croton — Croton tiglium L.

8. Indian mustard — Brassica juncea (L.) Czern. and Coss. ssp. integrifolia (West.) Thell

9. Sareptian mustard — Brassica juncea (L.) Czern. and Coss. spp. juncea

10. Chinese mustard — Brassica juncea (L.) Czern. and Coss. ssp. juncea var. lutea Batalin

11. Black mustard — Brassica nigra (L.) Koch

12 Ethiopian mustard — Brassica carinata A. Braun

(1)

Flourine content per percentage point phosphorus in the feedingstuff.

(1)

Cadium content per percentage point phosphorus in the feedingstuff.

SECOND SCHEDULE

PART I

Substances, products

Raw material

(1)

(2)

12. Where an authorised officer is satisfied that a feedingstuff or raw material which is placed on the market, or which he believes will be placed on the market, does not comply with any one or more of the requirements of these Regulations, he may require either or both of the following persons, namely, the person who appears to him to have for the time being possession or control of the feedingstuff or raw material and the person whose name or trade name appears on the label of the feedingstuff or raw material to take such steps as are necessary to ensure that it does not continue to be placed on the market, or, as may be appropriate, is not placed on the market until such authorised officer is satisfied that the requirement is complied with.

13. Where a sample of a feeding stuff or a raw material is taken pursuant to these Regulations by an authorised officer, a person shall not move the raw material or feeding stuff, as the case may be, during the period of seven working days immediately following the day on which the sample is taken, without the consent of an authorised officer and, where a consent under this Regulation is given, a person shall not move the raw material or feeding stuff concerned other than in accordance with the terms and conditions of the consent.

14. (1) Where a sample of a raw material or feedingstuff is taken pursuant to these Regulations by an authorised officer and is found on official examination not to comply with a requirement of these Regulations, then the Minister may require that the raw material or feedingstuff shall be destroyed or otherwise disposed of in such manner as the Minister shall determine.

(2) In case the Minister makes a requirement under this Regulation the following provisions shall apply

(

a

) he shall inform in writing of the requirement the person who is in possession or control of the raw material or feedingstuff to which the requirement relates,

(

b

) where such person is so informed, pending the disposal of such raw material or feedingstuff in accordance with the said requirement, the raw material or feedingstuff shall be moved only with the consent of an authorised officer, and

(

c

) the person in such possession or control shall dispose of the raw material or feedingstuff, or cause or permit it to be disposed of, only in accordance with the requirement.

15. (1) Any person who—

(

a

) contravenes Regulations 4, 5, 6, 7, 8, 11 (2), 11 (3), 11 (4), or 13 of these Regulations, or

(

b

) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by Regulation 11 of these Regulations, or

(

c

) fraudulently tampers with any raw material or feedingstuff so as to procure that any sample of it taken pursuant to these Regulations does not correctly represent the raw material or feedingstuff, or

(

d

) tampers or interferes with any sample taken pursuant to these Regulations, or

(

e

) fails to comply with a requirement of an authorised officer pursuant to Regulation 12 of these Regulations or of the Minister pursuant to Regulation 14 of these Regulations

shall be guilty of an offence.

(2) Any person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000, or, at the discretion of the Court, to imprisonment for a term not exceeding 12 months.

16. An offence under these Regulations may be prosecuted by the Minister.

17. In any proceedings for an offence under these Regulations in which it is proved that the feedingstuff to which the proceedings relate did not comply with the requirements of Regulation 4 of these Regulations, in respect of feedingstuffs, it shall be a defence for the defendant to prove that he did not know that the feedingstuff failed so to comply and that having regard to the manner in which he acquired the feedingstuff it would have been reasonable for him, in the circumstances of the case, to assume that the feedingstuff was one which complied with the said Regulation 4.

18. The European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1977 (

S.I. No. 246 of 1977

), the European Communities (Feeding Stuffs) (Tolerances of Aflatoxin B1) Regulations, 1982 (

S.I. No. 96 of 1982

) and the European Communities (Feeding Stuffs) Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1986 (

S.I. No. 353 of 1986

) are hereby revoked.

FIRST SCHEDULE

Substances, products

Feedingstuffs

Maximum content in mg/kg (ppm) of feedingstuff referred to a moisture content of 12%

(1)

(2)

(3)

A. Substances (ions or elements)

S.I. No. 216 of 1989.

EUROPEAN COMMUNITIES (FEEDING STUFFS) (TOLERANCES OF UNDESIRABLE SUBSTANCES AND PRODUCTS) REGULATIONS, 1989.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

and (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 74/63/EEC of 17 December, 1973

(1)

, as amended by Commission Directive No. 76/14/EEC of 15 December 1975

(2)

, Commission Directive No. 76/934/EEC of 1 December 1976

(3)

, Council Directive No. 80/502/EEC of 6 May 1980

(4)

, Commission Directive No. 83/381/EEC of 28 July 1983

(5)

, Commission Directive No. 86/299/EEC of 3 June 1986

(6)

, Council Directive No. 86/354/EEC of 21 July 1986

(7)

, and Commission Directive No. 87/238/EEC of 1 April 1987

(8)

, hereby make the following regulations

1

O.J. No. L38, 11.2.1974, p31.

2

O.J. No. L4, 9.1.1976, p24.

3

O.J. No. L364, 31.12.1976, p20.

4

O.J. No. L124, 20.5.1980, p17.

5

O.J. No. L222, 13.8.1983, p31.

6

O.J. No. L189, 11.7.1986, p40.

7

O.J. No. L212, 2.8.1986, p27.

8

O.J. No. L110, 25.4.1987, p25.

(1) These Regulations may be cited as the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989.

(2) These Regulations shall come into operation on the 1st day of November, 1989.