Feedingstuffs Intended for Particular Nutritional Purposes (ln_2005_231) | MT

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Preamble — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

L.N. 231 of 2005

VETERINARY SERVICES ACT, 2001

(CAP. 437)

Feedingstuffs Intended for Particular Nutritional Purposes

Rules, 2005

IN exercise of the powers conferred by article 26 of the Veterinary

Services Act, the Minister for Rural Affairs and the Environment has

made the following rules>-

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 1 Title and scope. — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

(1) The title of these rules is Feedingstuffs Intended for

Particular Nutritional Purposes Rules, 2005.

(2) These rules concern feedingstuffs intended for particular

nutritional purposes.

(3) Feedingstuffs intended for particular nutritional purposes

may be marketed only if -

(a)

they fulfil the conditions referred to in rule 3,

(b) they are labelled in accordance with the provisions laid

down in rule 5,

(c) their intended uses are included in the list drawn up

pursuant to rule 6 and they fulfil the other provisions laid down in

that list.

(4) The Veterinary Services shall ensure that the provisions

under “General provisions” of Part A of the Schedule are complied

with.

(5) The scope of these rules is to implement the rules found

under European Union Council Directive 93#74#EEC as amended by

European Union Council Directive 96#25#EC, European Union Directive

2000#16#EC, European Union Council Directive 1999#29#EC, European

Union Council Regulation (EC) No 806#2003. Annex A and B to

European Commission Directive 94#39#EC, establishing a list of

intended uses of animal feedingstuffs for particular nutritional purposes

are hereby included as Schedule to these rules.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Schedule — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

PART A

General provisions

1. Where there is more than one group of nutritional characteristics indicated in column 2 of Part B, denoted

by “and/or”, for the same nutritional purpose, the manufacturer has the option to use either or both groups

of essential characteristics, in order to achieve the nutritional purpose defined in column 1. For each

option the corresponding labelling declarations are given opposite in column 4.

2. Where a group of additives is mentioned in column 2 or column 4 of Part B the additive (s) used must be

in Regulation (EC) No 1831/2003 of the European Parliament and of the Council corresponding to the

specified essential characteristic.

3. Where the source (s) of ingredients or of analytical constituents is (are) required in column 4 of Part B,

the manufacturer must make a precise declaration (e.g. specific name of the ingredient (s), animal species

or part of the animal) allowing the evaluation of conformity of the feedingstuff with the corresponding

essential nutritional characteristics.

4. Where the declaration of a substance, also authorised as an additive, is required in column 4 of Part B and

is accompanied by the expression “total” the declared content must refer to, as appropriate, the quantity

naturally present where none is added or, by derogation from in Regulation (EC) No 1831/2003 of the

European Parliament and of the Council, the total quantity of the substance naturally present and the

amount added as an additive.

5. The declarations required in column 4 with the reference “if added” are compulsory where the ingredient

or the additive has been incorporated or increased specifically to enable the achievement of the particular

nutritional purpose.

6. The declarations to be given in accordance with column 4 of Part B concerning analytical constituents and

additives must be quantitative.

7. The recommended period of use indicated in column 5 of part B indicates a range within which the

nutritional purpose should normally be achieved. Manufacturers can refer to more precise periods of use,

within the fixed limits.

8. Where a feedingstuff is intended to meet more than one particular nutritional purpose, it must comply

with the corresponding entries in Part B.

9. In the case of complementary feedingstuffs intended for particular nutritional purposes guidance on the

balance of the daily ration must be provided in the instructions for use contained on the label.

Indicate in the instructions for

opinion be sought before use.”

Indicate in the instructions for

“Water should be available at

extending the period of use”

“It is recommended that a

opinion be sought before

Other provisions

Indicate on the package,

container or label

veterinarian's

all times.”

use

Recommende

time for use

5 to 12 weeks

Initially up to

d length of

6 months (2)

List of Intended Uses of Animal Feedingstuffs for Particular Nutritional Purposes

Labelling declarations

- Content of essential fatty acids

- Urine acidifying substances

- Protein source(s)

PART B

- Total taurine

- Magnesium

- Phosphorus

- Potassium

- Chlorides

- Calcium

- Sulphur

- Sodium

category of

Species or

animals

Dogs and

Dogs

Cats

and restricted level of protein

- Urine acidifying properties,

restricted level of protein but

low level of magnesium, and

- Urine acidifying properties

and low level of magnesium

- Low level of phosphorus

Essential nutritional

characteristics

but of high quality

of high quality

Particular nutritional

Dissolution of struvite

Function in case of

chronic and renal

Support of Renal

purpose

insufficiency

stones (4)

extending the period of use.”

sought before use or before

“It is recommended that a

veterinarian's opinion be

Indicate on the package,

sought before use.”

container or label

lifetime use in

disturbance of

disappear this

Initially up to

3 to 8 weeks

metabolism

indefinitely

feed can be

irreversible

months but

intolerance

if signs of

uric acid

cases of

Up to 6

months

1 year

used

- Content of essential fatty acids (if added)

- Urine acidifying substances

- Urine alkalising substances

- Total sulphur amino acids

- Carbohydrate source(s)

- Protein source(s)

- Total vitamin D

- Hydroxyproline

Protein source(s)

- Magnesium

- Phosphorus

- Potassium

- Chlorides

- Calcium

- Sulphur

- Sodium

Dogs and

cats

level of vitamin D, and urine

- Selected protein source(s)

Urine acidifying properties

level of protein but of high

Low level of calcium, low

Low level of purines, low

moderate level of sulphur

- Selected carbohydrate

amino acids, and urine

and moderate level of

Low level of protein,

alkalising properties

magnesium

source(s)

quality

and/or

ingredient and nutrient

Reduction of struvite

Reduction of oxalate

Reduction of cystine

stone recurrence (4)

Reduction of urate

stones formation

intolerances (5)

Reduction of

extending the period of use.”

sought before use or before

- “It is recommended that a

“It is recommended that a

veterinarian's opinion be

- “During periods of and

Indicate on the package,

recovery from acute

sought before use.”

container or label

diarrhoea.”

case of chronic

3 to 12 weeks,

but lifetime in

Initially up to

insufficiency

1 to 2 weeks

pancreatic

6 months

- Highly digestible ingredients including their

- Treatment of carbohydrates if appropriate -

Highly digestible ingredients including their

- Source(s) of short and medium chain fatty

- Source(s) of mucilaginous substances (if

- Content of essential fatty acids (if added)

-Carbohydrate source(s)

treatment if appropriate

- Fructose (if added)

acids (if added)

- Magnesium

- Total sugar

- Potassium

- Sodium

added)

Starch

Dogs and

cats

Increased level of electrolytes

Highly digestible ingredients

Low level of sodium and

and highly digestible

increased K/Na ratio

and low level of fat

Low level of rapid

glucosereleasing

carbohydrates

ingredients

Regulation of glucose

intestinal absorptive

Reduction of acute

function in case of

Compensation for

supply (Diabetes

Support of heart

maldigestion (6)

chronic cardiac

insufficiency

disorders

mellitus)

or before extending the period

“Water should be available at

appropriate daily intake must

Indicate in the instruction for

extending the period of use.”

opinion be sought before use

In the instructions for use an

sought before use or before

“It is recommended that a

veterinarian's opinion be

Indicate on the package,

container or label

be recommended

all times”

of use.”

use

body weight is

Initially up to

Until target

6 months

2 months

6 months

achieved

- Energy value (calculated according to EC

including their treatment if appropriate

- Content of n-3 fatty acids (if added)

- Highly digestible carbohydrates

- Content of essential fatty acids

- Protein source(s)

- Total copper

Total copper

- Sodium

method)

Dogs and

Dogs

Cats

cats

moderate level of fat and high

acids and high level of highly

level of essential fatty acids

high level of essential fatty

moderate level of protein,

Low level of fat and high

digestible carbohydrates

- High quality protein,

- Low energy density

Low level of copper

Reduction of excessive

Reduction of copper in

metabolism in case of

Regulation of lipid

function in case of

hyperlipidaemia

Support of liver

insufficiency

chronic liver

body weight

the liver

guidance shall be provided on

the balance of the daily ration,

In the instructions for use

with regard to the inclusion of

fibre and easily available

ovines indicate on the package,

specially presented to be given

container or label: “Especially

Indicate in the instructions for

“Stop feeding after calving.”

In the case of feedingstuffs

package, container or label

In case of feedingstuffs for

via tubing, indicate on the

veterinary supervision"

"Administration under

for lactating ewes.”

energy sources.

use

In case of feedingstuffs for cats, the manufacturer may complete the particular nutritional purpose with a reference to "Feline hepatic lipidosis".'

during periods

before calving

and the first 3

3 to 10 weeks

weeks before

restoration is

1 to 4 weeks

3 to 6 weeks

after calving

lambing (10)

of fast grass

weeks after

Last 6

achieved

growth

Until

(9)

- Highly digestible ingredients, including their

- Content of n-3 and n-6 fatty acids (if added)

- Glycerol (if added as a glucose precursor)

- Energy value (calculated according to EC

- Ingredients providing glucogenic energy

- Propane-1,2-diol (if added as a glucose

treatment if appropriate

- Total sugars

- Magnesium

- Phosphorus

- Potassium

- Chlorides

precursor)

- Calcium

- Sulphur

- Sodium

method)

- Starch

sources

Dairy cows

Ruminants

Dogs and

and ewes

cats

carbohydrates, moderate level

- Low level of calcium and/or

- High energy density, highly

of protein and low level of

glucogenic energy sources

concentrations of essential

- Low cations/anions ratio

High level of magnesium,

Ingredients providing

digestible ingredients

nutrients and highly

easily available

potassium

Nutritional restoration,

Reduction of the risk

(hypomagnesaemia)

of ketosis (7) (8)

convalescence

of milk fever

of tetany

Guidance shall be provided on

“Especially for intensively fed

the balance of the daily ration,

with regard to the inclusion of

Indicate in the instructions for

guidance shall be provided on

“Water should be available at

the situation in which the use

“Especially for high yielding

periods of, or recovery from

fibre and easily fermentable

package, container or label

In case of feedingstuffs for

“Especially for intensively

dairy cows indicate on the

of this feed is appropriate.

“In case of risk of, during

In the instructions for use

veterinarian's opinion be

Indicate on the package,

indicate on the package,

ruminants for fattening

carbohydrate sources.

digestive disturbance

recommended that a

sought before use.”

container or label

(diarrhoea). - It is

young animals.”

all times.”

fed...” (12)

cows.”

use

to 3 days if fed

Up to 6 weeks

1 to 7 days (1

Maximum 2

exclusively)

1 to 7 days

months (11)

- Highly digestible ingredients including their

- Content of n-3 fatty acids (if added)

- Urine acidifying substances

- Carbohydrate source(s)

treatment if appropriate

- Total sugars

- Magnesium

- Phosphorus

- Potassium

- Chlorides

- Calcium

- Sulphur

- Sodium

- Starch

Ruminants

Calves

Piglets

Lambs

Foals

Kids

Pigs

and high buffering capacity

Predominantly electrolytes

fermentable carbohydrates

Low level of phosphorus,

- High level magnesium

magnesium, and urine

and easily absorbable

acidifying properties

Low level of easily

- Highly digestible

carbohydrates

ingredients

and/or

and electrolyte balance

Stabilisation of water

Reduction of the risk

Reduction of stress

of urinary calcull

of acidosis

reactions

should be fed including many

Guidance should be provided

on the situations in which the

use of the feed is appropriate

periods of, or recovery from,

extending the period of use"

sought before use or before

and the manner in which it

"It is recommended that a

“In case of risk of, during

veterinarian's opinion be

Indicate on the package,

digestive disturbance.”

small meals per day

container or label

after farrowing

after hatching

before and 10

Initially up to

10 to 14 days

first 2 weeks

2 to 4 weeks

six months

During the

to 14 days

Up to 12

weeks

- Percentage of saturated fatty acids in relation

- Source(s) of astringent substances (if added)

- Source(s) of highly digestible carbohydrates,

- Highly digestible ingredients including their

- Energy value (calculated according to EEC

proteins and fats, including their treatment if

- Source(s) of mucilaginous substances (if

- Percentage of metabolisable energy from

- Source(s) of mucilaginous substances (if

Ingredients stimulating intestinal passage

- Content of polyunsaturated fatty acids

treatment if appropriate

- Buffering capacity

to total fatty acids

- Total vitamin A

- Total vitamin D

- Total vitamin K

- Total vitamin E

appropriate

method)

added)

lipids

Laying hens

Equines (2)

excluding

geese and

pigeons

Poultry

Piglets

Sows

Pigs

- Low buffering capacity, and

level of polyunsaturated fatty

energy from lipids with high

highly digestible ingredients

proportion of metabolizable

Low level of saturated fatty

acids and high level of fat

digestible carbohydrates,

Ingredients stimulating

Low energy and high

- Highly precaecally

- Highly digestible

intestinal passage

proteins and fats

soluble vitamins

ingredients

acids

physiological digestion

of fatty liver syndrome

chronic insufficiency

Reduction of the risk

Compensation for

of small intestine

Stabilisation of

of constipation

malabsorption

function

abrupt changes in the nature of

specially presented to be given

Indicate on the instructions for

Guidance shall be provided on

provided to prevent the risk of

the precise situations in which

the situations in which the use

When the feed corresponds to

"Water should be available at

Guidance should be provided

on the situations in which the

use of the feed is appropriate

a significant part of the daily

and the manner in which the

extending the period of use"

sought before use or before

In the case of feedingstuffs

ration, guidance should be

via tubing, indicate on the

"It is recommended that a

of the feed is appropriate

veterinarian's opinion be

Indicate on the package,

veterinary supervision"

"Administration under

the use of the feed is

package, container

feed should be fed

container or label

appropriate

all times"

or label

the feed

use

Initially up to

restoration is

One to three

Two to four

six months

achieved

weeks

Until

days

- Highly digestible ingredients, including their

- Highly digestible ingredients including their

- Content of n-3 and n-6 fatty acids (if added)

- Content of n-3 fatty acids (if added)

treatment if appropriate

- Fibre source(s)

- Magnesium

- Potassium

- Chlorides

- Calcium

- Glucose

- Sodium

Equines

essential nutrients and highly

Predominantly electrolytes

- Highly digestible fibre

- High concentration of

and easily absorbable

digestible ingredients

- Highly digestible

carbohydrates

ingredients

Nutritional restoration,

Reduction of stress

Compensation for

electrolyte loss in

disorders of large

Compensation of

chronic digestive

cases of heavy

convalescence

reactions

sweating

intestine

Indicate in the instructions for

"Water should be available at

Guidance should be provided

extending the period of use."

feed should be fed including

extending the period of use"

In case of feedingstuffs specially prepared to meet the specific conditions of very old animals (easily ingestible ingredients) a reference to "old animals" shall complete the

sought before use or before

on the manner in which the

many small meals per day

"It is recommended that a

veterinarian's opinion be

Indicate on the package,

container or label

In case of feedingstuffs for cats, “feline lower urinary tract disease” or “feline urological syndrome - F.U.S.” may complete the particular nutritional purpose.

all times."

use

Initially tip to

Initially up to

six months

If the feedingstuff is recommended for temporary renal insufficiency the recommended period for use shall be two to four weeks.

In case of feedingstuffs for a particular intolerance reference to the specific intolerance can replace “ingredient and nutrient”.

The manufacturer may complete the particular nutritional purpose with the reference: “exocrine pancreatic insufficiency”.

- Highly digestible carbohydrates including

- Content of n-3 fatty acids (if added)

their treatment if appropriate

- Protein and fibre sources

In case of feedingstuffs for dairy cows: “maximum two months from the start of lactation”.

- Protein source(s)

If appropriate the manufacturer may also recommend use of temporary renal insufficiency.

- Magnesium

- Phosphorus

- Methionine

- Potassium

- Calcium

- Choline

- Sodium

The manufacturers may also recommend the use for ketosis recuperation.

Equines

The term “ketosis” may be replaced by “acetonaemia”.

high quality and low level of

Low level of protein but of

digestible carbohydrates

high quality and highly

Indicate the category of ruminants concerned.

indication of the species or category of animals.”

In the case of feedingtuffs for dairy cows.

In the case of feedingstuffs for ewes.

phosphorus

function in case of

Support of renal

Support of liver

chronic renal

insufficiency

chronic liver

(10)

(11)

(12)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 2 Definitions. — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

For the purposes of these rules, the following definitions shall

apply -

(a)

“the Commission” means the European Commission<

(b) “compound feedingstuffs” means mixtures of feed

materials, whether or not containing additives, which are intended

for oral animal feeding as complete or complementary

feedingstuffs<

(c) “feedingstuffs” means products of vegetable or animal

origin in their natural state, fresh or preserved, and products derived

from the industrial processing thereof, and organic or inorganic

substances, used singly or in mixtures, whether or not containing

additives, for oral animal feeding<

(d) “feedingstuffs intended for particular nutritional

purposes” means compound feedingstuffs which, by virtue of their

particular composition or method of manufacture, can be clearly

distinguished from both ordinary feedingstuffs and the products

defined in European Union Council Directive 90#167#EEC laying

down the conditions governing the preparation, placing on the

market and use of medicated feedingstuffs, and are presented as

intended to meet specific nutritional requirements<

(e) “particular nutritional purpose” means the purpose of

satisfying the specific nutritional needs of certain pets or productive

livestock whose process of assimilation, absorption or metabolism

could be temporarily impaired or is temporarily or irreversibly

impaired and are therefore able to derive benefit from ingestion of

feedingstuffs appropriate to their condition<

(f) “Veterinary Services” means the competent authority

within Malta as established under article 2 of the Veterinary

Services Act.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 3 of — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

The nature of composition of the feedingstuffs referred to in Nature

composition of

rule 1 (2) shall be such that the products are appropriate for their intended feedingstuffs

intended for

particular nutritional purpose.

particular nutritional

purposes.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 4 — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

These rules shall apply, subject to the specific provisions laid Applicability of

these rules.

down therein, without prejudice to the legal provisions on -

(a)

compound feedingstuffs<

(b) additives used in feedingstuffs<

(c) undesirable substances and products in animal nutrition<

(d) certain products used in animal nutrition.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 5 Additional indications to appear on packaging, on the container or on the label of feedingstuffs. — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

(1) In addition to the labelling provisions in article 5 of

European Union Council Directive 79#373#EEC on the marketing of

compound feedingstuffs it is expressively required that the following

additional indications appear in the space provided for the purpose on

the packaging, on the container or on the label of the feedingstuffs

referred to in rule 1 (2) -

(a) the qualifying expression “dietetic” together with the

description of the feedingstuff<

(b) the precise use, i.e. the particular nutritional purpose<

(c) the indication of the essential nutritional characteristics

of the feedingstuffs<

(d) the declarations prescribed in column 4 in the Schedule

to these rules concerning the particular nutritional purpose<

(e) the recommended length of time for use of the

feedingstuff.

The indications referred to in points (a) to (e) must comply with

the content of the list of intended uses in the Schedule to these rules and

the general provisions to be laid down in accordance with rule 6 (b).

(2) Indications other than those referred to in sub-rule (1)

may be supplied in the space provided for the purpose, in so far as they

are covered by rule 6 (a).

(3) without prejudice to article 5e of European Union

Council Directive 79#373#EEC, the labelling of feedingstuffs as referred

to in rule 1 (2) may make reference to a specific pathological condition

in so far as that condition corresponds to the nutritional purpose laid

down in the list of uses drawn up in accordance with rule 6 (a).

(4) the label or the directions for use of the feedingstuffs

referred to in rule 1 (2) must bear the indication “It is recommended

that a specialist’s opinion be sought before use” <

It may, however, be provided in the list of intended uses in the

Schedule that this declaration shall be replaced for specific dietetic

feedingstuffs with a recommendation to request the prior opinion of a

veterinarian.

(5) the provisions of article 5c (5) of European Union

Council Directive 79#373#EEC shall also apply to the feedingstuffs

referred to in rule 1 (2) and intended for animals other than pets.

(6) the labelling of the feedingstuffs referred to in rule 1 (2)

may also highlight the presence or the low level of one or more analytical

constituents which are essential for the description of the feedingstuff.

In such cases, the minimum or maximum level of the analytical

constituents expressed as percentage weight of the feedingstuff must

be clearly indicated in the list of declared analytical constituents.

(7) the qualifying expression “dietetic” shall be reserved

solely for feedingstuffs as referred to in rule 1 (2). Qualifying expressions

other than “dietitic” shall be prohibited in the labelling and presentation

of these feedingstuffs.

(8) Notwithstanding the provisions of article 5c (3) of

European Union Council Directive 79#373#EEC, the declaration of feed

materials may be made in the form of categories grouping several feed

materials, even where the declaration of certain feed materials by their

specific name is required to justify the nutritional characteristics of the

feedingstuff.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 6 — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

Pursuant to the procedure laid down in article 9 to European List of intended

uses of

Union Council Directive 93#74#EEC -

feedingstuffs

intended for

particular nutritional

(a) a list of intended uses shall be established in accordance

purposes.

with the Schedule. That list shall contain -

(i) the indications referred to in rule 5(1) (b), (c), (d)

and (e), and

(ii) where appropriate, the indications referred to in

rule 5 (2) and rule 5 (4), second subparagraph<

(b) general provisions regarding the application of the

indications referred to in paragraph (a) hereof, including applicable

tolerances, may be established<

(c) the measures adopted in accordance with paragraphs (a)

and (b) hereof may be modified, following developments in

scientific and technical knowledge.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 7 Marketing restrictions. — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

In Malta, feedingstuffs as referred to in rule 1 (2) are not, for

reasons concerning the provisions of these rules, subject to marketing

restrictions other than those provided for in these rules.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 8 Prescribed conditions that represent a hazard. — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

(1) Where it is established that the use of a feedingstuff as

referred to in rule 1 (2) or its use in the prescribed conditions presents a

hazard for animal or human health or for the environment, the Veterinary

Services shall immediately inform the relevant European Union

Commission, giving the reasons for its decision.

(2) Appropriate measures shall be implemented as soon as

possible according to decisions adopted by the European Commission.

Malta Government Gazette — Legal Notice 2005 231 — Feedingstuffs Intended for Particular Nutritional Purposes

Reg. 9 Official inspection of feedingstuffs. — Feedingstuffs Intended for Particular Nutritional Purposes Open official source

To allow effective official inspection of feedingstuffs as

referred to in rule 1 (2), the following specific provisions shall apply -

(a) the Veterinary Services shall make all necessary

arrangements for official inspection during manufacture or

marketing, at least by sampling, in order to ensure compliance

with the requirements of these rules< and

(b) where appropriate, the Veterinary Services shall be

empowered to require the person responsible for placing the product

on the market to produce data and information establishing the

feedingstuff’s conformity with these rules. If such data have been

published in readily accessible form, a reference to the publication

shall suffice.

Feedingstuffs Intended for Particular Nutritional Purposes

Table of Provisions (11)

Statutory Text (11 Articles)

Need to analyze how this provision applies to your matter?