CIRCULATION OF COMPOUND FEEDINGSTUFFS RULES *

SUBSIDIARY LEGISLATION 437.87

CIRCULATION OF COMPOUND FEEDINGSTUFFS

RULES *

4th November, 2005

LEGAL NOTICE 362 of 2005.

(1) The title of these rules is the Circulation of Compound

Feedingstuffs Rules.

(2) These rules shall apply to compound feedingstuffs

marketed in Malta.

(3) The scope of these rules is to transpose the provisions

found in European Council Directive 79/373/EEC on the

circulation of compound feedingstuffs, hereinafter referred to as

"the Directive".

(4)

These rules shall apply without prejudice to the provisions

on -

(a) feed materials;

(b) additives used in feedingstuffs;

(c) undesirable

substances

and

products

in

animal

nutrition;

(d) the fixing of maximum permitted levels for pesticide

residues on or in products intended for human or

animal consumption;

(e) the organization of markets in agricultural products;

(f)

certain products used in animal nutrition;

(g) the approximation of the laws of Malta relating to the

making up, by mass or by volume, of certain

prepackaged products;

(h) feedingstuffs for particular nutritional purposes.

PART A

General provisions

1. The levels indicated or to be declared relate to the weight of the compound

feedingstuff as such, unless otherwise stated.

2. The feedingstuff’s moisture content must be stated if it exceeds

7% in the case of milk replacer feeds and other compound feedingstuffs

with a milk-product content exceeding 40%,

5% in the case of mineral feedingstuffs containing no organic

substances,

10% in the case of mineral feedingstuffs containing organic substances,

14% in the case of other compound feedingstuffs. In the case of

compound feedingstuffs with a moisture content not exceeding the

limits stated in the sub-rule s above, that content may also be declared.

3. The level of ash insoluble in hydrochloric acid shall not exceed 3,3% of the

dry matter in the case of compound feedingstuffs composed mainly of rice by-

products and 2,2% of the dry matter in other cases.

However, the 2,2% level may be exceeded in the case of

compound feedingstuffs containing authorized mineral binding agents,

mineral compound feedingstuffs,

compound feedingstuffs containing more than 50% of sugar beet chips

or sugar beet pulp,

compound feedingstuffs intended for farmed fish with a fish meal

content of over 15%, provided that the level is declared as a percentage

of the feedingstuff as such.

I n t h e c a s e o f c o m p o u n d f e e d i n g s t u ff s w i t h a l e v e l o f a s h i n s o l u b l e i n

hydrochloric acid not exceeding the limits stated in the sub-rules above, that level

may also be declared.

4. The iron level in milk replacer feeds for calves of a live weight less than or

equal to 70 kilograms must be at least 30 milligrams per kilogram of the complete

feedingstuff at a moisture content of 12%.

5. Where, on official inspection pursuant to rule 14, the composition of a

compound feedingstuff other than for pets is found to depart from the declared

composition, the following minimum tolerances shall be permitted, subject to rule 3

5.1. Where the content recorded is less than the declared content

5.1.1. Crude protein

-

2 units for declared contents of 20% or more,

-

10% of the declared content for declared contents of less than

20% but not less than 10%,

-

1 unit for declared contents of less than 10%.

5.1.2. Total sugar

-

2 units for declared contents of 20% or more,

-

10% of the declared content for declared contents of less than

20% but not less than 10%,

1 unit for declared contents of less than 10%.

5.1.3. Starch and total sugar plus starch

2,5 units for declared contents of 25% or more,

10% of the declared content for declared contents of less than

25% but not less than 10%,

1 unit for declared contents of less than 10%.

5.1.4. Crude oils and fats

1,5 units for declared contents of 15% or more,

10% of the declared content for declared contents of less than

15% but not less than 8%,

0,8 unit for declared contents of less than 8%.

5.1.5. Sodium, potassium and magnesium

1,5 units for declared contents of 15% or more,

10% of the declared content for declared contents of less than

15% but not less than 7,5%,

0,75 unit for declared contents of less than 7,5% but not less than

5%,

15% of the declared content for declared contents of less than 5%

but not less than 0,7%,

0,1 unit for declared contents of less than 0,7%.

5.1.6. Total phosphorus and calcium

1,2 units for declared contents of 16% or more,

7,5% of the declared content for declared contents of less than

16% but not less than 12%,

0,9 unit for declared contents of less than 12% but not less than

6%,

15% of the declared content for declared contents of less than 6%

but not less than 1%,

0,15 unit for declared contents of less than 1%.

5.1.7. Methionine, lysine and threonine

15 % of the declared content.

5.1.8. Cystine and tryptophan

20% of the declared content.

5.2. Where the content recorded is more than the declared content

5.2.1. Moisture

1 unit for declared contents of 10 % or more,

10% of the declared content for declared contents of less than

10% but not less than 5%,

0,5 unit for declared contents of less than 5%.

5.2.2. Crude ash

1 unit for declared contents of 10% or more,

10% of the declared content for declared contents of less than

10% but not less than 5%,

0,5 unit for declared contents of less than 5%.

5.2.3. Crude fibre

1,8 units for declared contents of 12% or more,

15% of the declared content for declared contents of less than

12% but not less than 6%,

0,9 unit for declared contents of less than 6%.

5.2.4. Ash insoluble in hydrochloric acid

1 unit for declared contents of 10% or more,

10% of the declared content for declared contents of less than

10% but not less than 4%,

0,4 unit for declared contents of less than 4%.

5.3. Where the variation noted is in the opposite direction to those referred to

respectively in 5.1 and 5.2

crude protein, crude oils and fats, total sugar, starch: tolerance

twice that permitted for these substances in 5.1,

total phosphorus, calcium, potassium, magnesium, sodium, crude

ash, crude fibre: tolerance three times that permitted for those

substances in 5.1 and 5.2.

6. Where, on official inspection pursuant to rule 14, the composition of a

compound feedingstuff for pets is found to depart from the declared composition, the

following minimum tolerances shall be permitted, subject to rule 3

6.1. Where the content recorded is less than the declared content

6.1.1. Crude protein

3,2 units for declared contents of 20% or more,

16% of the declared content for declared contents of less than

20% but not less than 12,5%,

2 units for declared contents of less than 12,5%.

6.1.2. Crude oils and fats

2,5 units of the declared content.

6.2. Where the content recorded is more than the declared content

6.2.1. Moisture

3 units for declared contents of 40% or more,

7,5% of the declared content for declared contents of less than

40% but not less than 20%,

1,5 units for declared contents of less than 20%.

6.2.2. Crude ash

1,5 units of the declared content.

6.2.3. Crude fibre

1 unit of the declared content.

6.3. Where the variation noted is in the opposite direction to those referred to

respectively in 6.1 and 6.2

6.3.1. Crude protein

tolerance twice that permitted for that substance in 6.1.1.

6.3.2. Crude oils and fats

-

identical tolerance to that permitted for that substance in 6.1.2.

6.3.3. Crude ash, crude fibre

-

tolerance three times that permitted for those substances in 6.2.2

and 6.2.3.

7. Labelling of compound feedingstuffs containing protein derived from

mammalian tissue.

7.1. The labelling of compound feedingstuffs containing protein derived from

mammalian tissue and intended for animals other than pets must contain the

following statement: ‘This compound feedingstuff contains protein derived from

mammalian tissue the feeding of which to ruminants is prohibited’. This does not

apply to compound feedingstuffs which contain no protein derived from mammalian

tissue other than the following

-

milk and milk products,

-

gelatin,

-

amino acids obtained from hides and skins by a process which

involves exposure of the material to a pH of 1 to 2 followed by a pH

of - 11, followed by heat treatment at 140ºC for 30 minutes at 3 bar,

-

dicalcium phosphate derived from defatted bones, and

-

dried plasma and other blood products.

7.2. Where Malta prohibits the use of protein derived from mammalian tissue as

referred to in 7.1, first sentence, in feedingstuffs for certain animals other than

ruminants as permitted by Article 1(2) of Council Directive 90/667/EEC, the

statement required in 7.1 must mention in addition the other species or categories of

animals to which it has extended the prohibition on the use of the products in

question.

PART B

Declaration of analytical constituents

Feedingstuffs

Analytical constituents

Species or category of animal

and levels

Compulsory

Optional declarations

declarations

according to rule

according to

5(3)(k)

rule 5(1)(f)

(1)

(2)

(3)

(4)

Complete

- Crude protein

- Animals

feedingstuffs

- Crude oils and fats

except than

- Crude fibre

dogs and cats

- Crude ash

- Pigs

- Lysine

- Poultry

- Methionine

- Cystine

All animals

- Threonine

- Trytptophan

- Energy value

- Starch

- Total

sugar

(as

glucose)

- Total

sugar

plus

starch

- Calcium

- Sodium

- magnesium

- Potassium

- Phosphorus

Fish

except

Animals other than fish

ornamental fish

except ornamental fish

-

Crude protein

Complementary

-

Crude fibre

feedingstuffs -

-

Crude ash

Mineral

-

Crude oils and fats

-

Lysine .....................

All animals

-

Methionine ..............

-

Cystine ....................

-

Threonine ................

-

Tryptophan ..............

All animals

-

Calcium ...................

- Phosphorus ..............

- Sodium ....................

- Magnesium ..............

- Potassium ................

Animals other than

Ruminants

ruminants

All animals

Feedingstuffs

Analytical constituents

Species or category of animal

and levels

Compulsory

Optional declarations

declarations

according to Article 5

according to

(3) (k)

Article 5 (1) (f)

(1)

(2)

(3)

(4)

Complete

- Crude protein

feedingstuffs -

- Crude fibre

Molassed

- Total

sugar

(as

All animals

sucrose)

- Crude ash

- Crude oils and fats

-

Calcium ...................

-

Phosphorus ..............

-

Sodium ....................

All animals

-

Potassium ................

-

Magnesium > 0,5%

Animals other than

< 0,5%

Ruminants

ruminants

Complementary

-

Crude protein

Animals except

Pets other than dogs

feedingstuffs -

-

Crude oils and fats

pets other than

and cats

Other

-

Crude fibre

dogs or cats

-

Crude ash

- Calcium > 5%

Animals other

Pets

< 5%

than pets

All animals

- Phosphorus > 2%

Animals other

All animals

- Pets < 2 %

than pets

- Magnesium > 0,5%

Ruminants

< 0,5%

- Sodium

Animals other than

- Potassium

ruminants

- Energy value

Poultry (declaration

according to EEC

method)

Pigs and ruminants

(declaration according

to national official

methods)

- Lysine

Pigs

Animals other than

pigs

- Methionine

Poultry

Animals other than

poultry

- Cystine

- Threonine

- Tryptophan

- Starch

All animals

- Total

sugar

(as

sucrose)

- Total sugar

plus

starch

For the purposes of these rules, the following definitions

shall apply -

"animals" means animals belonging to species normally kept and

nourished or consumed by man;

"complementary feedingstuffs" means mixtures of feedingstuffs

which have a high content of certain substances but which, by

reason of their composition, are sufficient for a daily ration only if

used in combination with other feedingstuffs;

"complete feedingstuffs" means mixtures of feedingstuffs which,

by reason of their composition, are sufficient for a daily ration;

"compound feedingstuffs" means mixtures of feed materials,

whether or not containing additives, for oral animal feeding in the

*These rules have been repealed by Legal Notice 36 of 2025.

form of complete or complementary feedingstuffs;

"daily ration" means the average total quantity of feedingstuffs,

calculated on a moisture content of 12%, required daily by an

animal of a given species, age category and yield, to satisfy all its

needs;

"feedingstuffs" means products of vegetable or animal origin in

their natural state, fresh or preserved, and products derived from

t he i ndust rial processing th ereof, and organi c or in org anic

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

additives, for oral animal feeding;

"feed materials" means various 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, whether or not containing additives, which

are intended for use in oral animal feeding, either directly as such

or after processing, in the preparation of compound feedingstuffs or

as carriers of premixtures;

"milk replacer feeds" mean compound feedingstuffs

administered in dry form or after dilution in a given quantity of

liquid for feeding young animals as a supplement to, or substitute

for, post-colostral milk or for feeding calves intended for slaughter;

"mineral feedingstuffs" means complementary feedingstuffs

composed mainly of minerals and containing at least 40% crude

ash;

"minimum storage life of a compound feedingstuff" means the

date until which, under proper storage conditions, that feedingstuff

retains its specific properties;

"molassed feedingstuffs" means complementary feeding stuffs

prepared from molasses and containing at least 14% total sugar

expressed as sucrose;

"pet animals" means animals belonging to species normally

nourished and kept, but not consumed, by man, except animals bred

for fur;

"Third Country" means a State which is not a Member within the

European Community;

"Veterinary Services" means the competent authority within the

territory of Malta as established under article 2 of the Veterinary

Services Act.

Without prejudice to the obligations prescribed by any

other law, compound feedingstuffs may be marketed in Malta only

if they are wholesome, unadulterated and of merchantable quality.

They shall also prescribe that compound feedingstuffs may not

represent a danger to animal or human health and may not be

presented or marketed in a manner liable to mislead.

(1) The competent authority shall prescribe that compound

f e e d i n g s t u ff s m a y b e m a r k e t e d o n l y i n s e a l e d p a c k a g e s o r

containers. They shall also prescribe that the packages or

containers be sealed in such a way that, when the package is

opened, the seal is damaged and cannot be re-used.

(2) Exceptions to the principle of sub-rule (1) to be authorized

at European Union level shall be listed in accordance with the

procedure laid down in rule 15, provided that the identity and

quality of the compound feedingstuffs concerned are ensured.

(1) In Malta, compound feedingstuffs may not be marketed

unless the following particulars listed below, which shall be clearly

visible, legible and indelible and for which the manufacturer,

packer, importer, seller or distributor established within the

Community shall be held responsible, are shown, in a space

provided for that purpose, on the packaging, on the container or on

a label attached thereto -

(a) the

description

"complete

feedingstuff",

"complementary feedingstuff", "mineral feedingstuff",

"molassed feedingstuff", "complete milk replacer

feed" or "complementary milk replacer feed", as

appropriate;

(b) the species or category of animal for which the

compound feedingstuff is intended;

(c) directions for the proper use of the feedingstuff

indicating the purpose for which the feedingstuff is

intended;

(d) for all compound feedingstuffs except those intended

for pets other than dogs and cats; the feed materials to

be declared in accordance with rule 6;

(e) where appropriate, the declarations of the analytical

constituents in the cases provided for in Part A of the

Schedule;

(f)

as relevant to the case, the declarations provided for in

Part B of the Schedule in columns 1, 2 and 3;

(g) the name or business name and the address or

registered place of business of the person responsible

for the particulars referred to in this sub-rule;

(h) the net quantity expressed in units of mass in the case

of solid products, and in units of mass or volume in the

case of liquid products;

(i)

the minimum storage life, to be indicated in

accordance with rule 7;

(j)

the batch number if the date of manufacture is not

given;

(k) the approval number allocated to the establishment in

accordance with Article 5 of Council Directive 95/69/

EC of 22nd December 1995 laying down the

conditions and arrangements for approving and

registering certain establishments and intermediaries

operating in the animal feed sector.

(2) In Malta, compound feedingstuffs, when marketed in

tankers or similar vehicles or in accordance with rule 4(2), shall be

accompanied by a document containing the particulars referred to

in sub-rule (1). For small quantities of feedingstuffs intended for

CIRCULATION OF COMPOUND FEEDINGSTUFFS

the final user, these particulars may be brought to the purchaser’s

attention by means of an appropriate notice at the point of sale.

(3) In Malta, in conjunction with the particulars listed in sub-

rule (1), only the following additional particulars may be put in the

space referred to in sub-rule (1)

(a) the identification mark or trade mark of the person

responsible for the labelling particulars;

(b) the name or business name and the address or

registered place of business of the manufacturer, if this

is not the person responsible for the labelling

particulars;

(c) where appropriate, the batch number;

(d) the country of production or manufacture;

(e) the price of the product;

(f)

the description or trade name of the product;

(g) for compound feedingstuffs intended for pets other

than dogs and cats; the feed materials to be declared in

accordance with rule 6;

(h) where appropriate, particulars

relating

to

the

provisions of rule 16(a);

(i)

an indication of the physical condition of the

feedingstuff or the specific processing it has

undergone;

(j)

where appropriate, the declarations of the analytical

constituents in the cases provided for in Part A of the

Schedule;

(k) the declarations provided for in Part B of the Schedule

in columns 1, 2 and 4;

(l)

the date of manufacture to be indicated in accordance

with rule 7(2).

(4) The Veterinary Services may, for feedingstuffs produced

and marketed in Malta -

(a) permit the particulars specified in sub-rule (1)(b) to (f)

and (h) to be shown only in an accompanying

document;

(b) prescribe an official code number enabling the

manufacturer to be identified where the latter is not

responsible for the labeling particulars.

(5)

The competent authority shall prescribe that -

(a) in the case of compound feedingstuffs constituted from

no more than three feed materials the particulars

referred to in sub-rule (1)(b) and (c) shall not be

required where the feed materials used appear clearly

in the description;

(b) in the case of whole grain mixes, the declarations

referred to in sub-rule (1)(e) and (f) shall not be

required; they may, however, be provided;

(c) the

descriptions

‘complete

feedingstuff’

or

‘complementary

feedingstuff’

in

respect

of

feedingstuffs intended for pets other than dogs or cats

may be replaced by the description ‘compound

feedingstuff’. In this case, the declarations required or

allowed under this regulation shall be those laid down

for complete feedingstuffs;

(d) the minimum storage life, the net quantity and the

batch reference number may be marked outside the

space reserved for the labeling particulars referred to

in sub-rule (1); in this case, the relevant expressions

shall be accompanied by an indication of where the

information appears.

(6) For compound feedingstuffs for pets, the descriptions

‘compound feedingstuff ’, ‘complementary feedingstuff ’, and

‘complete feedingstuff ’ may be replaced by the descriptions

‘compound pet food’, ‘complementary pet food’ ‘and complete pet

food’ respectively in the English language.

(1) Where a declaration of the feed materials is provided,

all the feed materials must be mentioned.

(2) The listing of feed materials shall be subject to the

following provisions

(a) in compound feedingstuffs intended for animals other

than pets,

(i)

the listing of feed materials shall be in

descending order by weight;

(ii) with regard to percentages, a 15% tolerance of

the declared value shall be allowed;

(b) in compound feedingstuffs intended for pets listing of

feed materials; either indicating the amount contained

or by naming such amount in descending order by

weight.

(3) The feed materials shall be described by their specific

names; however, categories grouping several feed materials will be

established in accordance with rule 11(a); in that case, the

indication of the specific name of the feed materials may be

replaced by the name of the category to which the feed materials

belongs. Use of one of these two forms of declaration shall exclude

use of the other save where one of the feed materials used belongs

to none of the categories which have been defined; in that case the

feed materials, designated by its specific name, shall be mentioned

in order of importance by weight in relation to the categories.

(4) Where no measure has been adopted under rule 12, the

competent authority may retain the feed materials categories it has

determined and allow the indication of the feed materials to be

replaced by that of the categories.

(5) The labelling of compound feedingstuffs for pets may also

draw particular attention to the presence or low content of any feed

material which are essential aspects of the characteristics of the

feedingstuff. In such a case, the minimum or maximum content,

expressed in terms of percentage by weight of the feed material

incorporated, must be clearly indicated ei ther opposit e the

declaration drawing special attention to the feed material or in the

list of feed material(s) or by mentioning the feed material and the

percentageby weight concerned opposite the corresponding

category of feed material.

(1) The minimum storage life shall be given by the

following indications

(a) "use before ......................." followed by the date (day,

month and year) in the case of microbiologically

highly perishable feedingstuffs;

(b) "best before ..................." followed by the date (month

and year) in the case of other feedingstuffs. Where

other Community provisions concerning compound

feedingstuffs require indication of a minimum storage

life, only the earliest date shall be indicated.

(2)

The date of manufacture shall be expressed as follows

"manufactured ....................... (days, months, or years)

before the minimum storage life expiry date

indicated".

Where rule 5(5)(d) applies, the abovementioned entry shall

be followed by an indication of where that storage life is indicated.

The person responsible for the labelling particulars of a

compound feedingstuff may provide information in addition to that

required under this rule

Provided that such information -

(a) may not be designed to indicate the presence or

content of analytical constituents other than those the

declaration of which is provided for in rule 5 of these

Rules or Article 5(2) of Council Directive 93/74/EEC

of the 13th September 1993 on feedingstuffs intended

for particular nutritional purposes,

(b) shall not mislead the user, in particular by attributing

to the feedingstuff effects or properties that it does not

possess or by suggesting that it possesses special

characteristics when in fact all similar feedingstuffs

possess such characteristics,

(c) shall not claim that the feedingstuff will prevent, treat

or cure a disease,

(d) shall relate to objective or quantifiable factors which

can be substantiated,

(e) shall be clearly separated from all the particulars

specified in regulation 6.

The competent authority shall prescribe that the general

provisions contained in Part A of the Schedule shall apply to the

marketing of compound feedingstuffs.

The competent authority shall ensure that compound

feedingstuffs are not subject, for reasons concerning the provisions

included in this Directive, to marketing restrictions other than those

provided for by these rules.

In accordance with the procedure laid down in rule 15 and

in the light of advances in scientific and technical knowledge -

(a) there shall be established categories grouping several

feed material or materials;

(b) a list shall be established of feed material or materials

the use of which is prohibited in compound

feedingstuffs for public or animal health reasons;

(c) methods of calculating the energy value of compound

feedingstuffs may be established.

(1) The competent authority shall prescribe that any feed

material or materials included on the list of the main feed materials

listed in Part B of the Schedule to Council Directive 96/25/EC of

29 April 1996 on the circulation of feed materials, amending

Directives 70/524/EEC, 74/63/ EEC, 82/471/EEC and 93/74/EEC

and repealing Directive 77/101/ EEC may be declared as such only

under the names specified therein and on condition that they

correspond to the descriptions and comply with any possible

minimum compositional requirements contained therein.

(2) Malta shall ensure that the provisions of headings (I), (II),

(III) and (IV) of Part A ‘General’ of the Schedule to Directive 96/

25/EC are respected.

For the purposes of marketing within Malta and the EU

Member States, the indications printed on the accompanying

document, on the packaging, on the container or on the label

attached thereto shall be written in at least one or several languages

which the country of destination shall determine from among the

national or official languages of Malta and the Member States

Provided that for Malta the Maltese and English languages

are both the official languages.

Malta 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.

(1) Where the procedure laid down in this rule is to be

followed, the matter shall be referred without delay to the Standing

Committee for Feedingstuffs, hereinafter called ‘the Committee’,

by its chairman, either on his own initiative or at the request of a

Member State.

(2) The representative of the Commission shall submit to the

Committee a draft of the measures to be adopted. The Committee

shall deliver its opinion on the draft within a time limit which the

Chairman may lay down according to the urgency of the matter.

The opinion shall be delivered by the majority laid down in Article

148(2) of the Treaty in the case of decisions which the Council is

required to adopt on a proposal from the Commission. The votes of

the representatives of the Member States within the Committee

shall be weighted in the manner set out in Article 148(2). The

Chairman shall not vote.

(3) The Commission shall adopt the measures and implement

them forthwith where they are in accordance with the opinion of

the Committee. Where they are not in accordance with the opinion

of the Committee, or if no opinion is delivered, the Commission

shall at once submit a proposal to the Council on the measures to be

taken. The Council shall adopt the measures by a qualified

majority.

(4) If the Council has not adopted any measures within three

months of receiving the proposal, the Commission shall adopt the

proposed measures and implement them forthwith except where the

Council has voted by a simple majority against such measures.

These rules shall not affect the right of Malta -

(a) to recommend types of compound feedingstuffs which

meet certain analytical characteristics;

(b) to refrain from applying the provisions of these rules

to compound feedingstuffs in respect of which it is

proved at least by some appropriate marking that they

are intended for export to third countries;

(c) to refrain from applying the provisions of this

Directive to compound feedingstuffs where a special

label marking gives proof that they are intended for

animals kept for scientific or experimental purposes.