NOTIFICATION, REGISTRATION AND APPROVAL OF FEED BUSINESS OPERATIONS RULES

SUBSIDIARY LEGISLATION 437.97

NOTIFICATION, REGISTRATION AND

APPROVAL OF FEED BUSINESS OPERATIONS

RULES

30th October, 2009

LEGAL NOTICE 318 of 2009.

(1) The title of these rules is the Notification, Registration

and Approval of Feed Busines Operations Rules.

(2)

These rules provide for

(a) the activities of feed business operators at all stages,

from and including primary production of feed, up to

and including, the placing of feed on the market;

(b) the feeding of food-producing animals;

(c) imports and exports of feed from and to third

countries.

(3)

These rules shall not apply to the following

(a) the private domestic production of feed

(i)

for food-producing animals kept for private

domestic consumption; and

(ii) for animals not kept for food production;

(b) the feeding of food-producing animals kept for private

domestic consumption or for the activities mentioned

in Article 1(2)(c) of (EC) Regulation No. 852/2004 of

the European Parliament and of the Council of 29

April 2004 on the hygiene of foodstuffs;

(c) the feeding of animals not kept for food production;

(d) the direct supply of small quantities of primary

production of feed at local level by the producer to

local farms for use on those farms;

(e) the retailing of pet food.

In these rules, unless the context otherwise requires, "the

competent authority" means the Department responsible for

Veterinary Services.

Feed business operators shall ensure that all stages of

production, processing and distribution under their control are

carried out in accordance with Community legislation, the laws of

Malta comparable therewith, and good practice. They shall ensure

in particular that they satisfy the relevant hygiene requirements laid

down in (EC) Regulation No. 183/2005.

When feeding food-producing animals, farmers shall take

measures and adopt procedures to keep the risk of biological,

chemical and physical contamination of feed, animals and animal

products as low as reasonably possible.

(1) For operations at the level of primary production of

feed and the following associated operations -

(a) transport, storage and handling of primary products at

the place of production;

(b) transport operations to deliver primary products from

the place of production to an establishment;

(c) mixing of feed for the exclusive requirements of their

own holdings without using additives or premixtures

of additives with the exception of silage additives,

feed business operators shall comply with the provisions in Annex

1 of (EC) Regulation No. 183/2005, where such provisions are

relevant to the operations which are being carried out.

(2) For operations other than those referred to in sub-rule (1),

including mixing of feed for the exclusive requirements of their

own holdings when using additives or premixtures of additives

with the exception of silage additives, feed business operators shall

comply with the provisions of Annex II of (EC) Regulation No.

183/2005, where relevant to the operations which are being carried

out.

(3)

Feed business operators shall

(a) comply with specific microbiological criteria;

(b) take measures or adopt procedures necessary to meet

specific targets

Provided that the criteria and targets referred to in

paragraphs (a) and (b) shall be adopted in accordance with the

procedure referred to in Article 31(2) of (EC) Regulation No. 183/

2005. (4) Feed business operators may use the guides provided for in

Chapter III of (EC) Regulation No. 183/2005 to help them comply

with their obligations under this rule.

(5) Farmers shall comply with the provisions set out in Annex

III of (EC) Regulation No. 183/2005 when feeding food-producing

animals.

(1) Feed business operators shall cooperate with the

competent authorities, in accordance with the relevant Community

legislation and these rules.

(2)

Feed business operators shall

(a) notify the competent authority within three weeks of

notice published in the Gazette in this regard, of any

establishments under their control, which are active in

any stages of production, processing, storage,

transport or distribution of feed, in the form required

by the competent authority with a view to registration;

(b) provide the competent authority with up-to-date

information on any establishments under their control

as referred to in paragraph (a), including notifying the

competent authority of any significant change in

activities and any closure of an existing establishment.

(3) The competent

authority

shall

keep

a

register

of

establishments.

Feed business operators shall ensure that establishments

under their control and covered by (EC) Regulation No. 183/2005

are approved by the competent authority, where

(a) such establishments carry out any of the following

activities

(i)

manufacturing and, or placing on the market of

feed additives covered by (EC) Regulation No.

1831/2003 or products covered by Directive 82/

471/EEC and referred to in Chapter 1 of Annex

IV of (EC) Regulation No. 183/2005;

(ii) manufacturing and, or placing on the market of

premixtures prepared using feed additives

referred to in Chapter 2 of Annex IV to (EC)

Regulation 183/2005;

(iii) manufacturing for placing on the market, or

producing for the exclusive requirements of

their holdings, compound feeding stuffs using

feed additives or premixtures containing feed

additives and referred to in Chapter 3 of Annex

IV of (EC) Regulation No. 183/2005; and

(b) approval by the competent authority is necessary

where the establishment is located.

Feed business operators shall not operate without

(a) registration as provided in rule 6; or

(b) approval, when required in accordance with rule 7.

(1) For each activity, the competent authority shall record

in a national list or lists the establishments it has registered in

accordance with rule 6 of these rules.

(2) Establishments approved by the competent authority in

accordance with Article 13 of (EC) Regulation 183/2005 shall be

recorded in a national list, under an individual identifying number.

(3) The competent authority shall keep updated the records of

establishments in the list referred to in sub-rules (1) and (2) in

accordance with the decisions referred to in Articles 14, 15 and 16

of (EC) Regulation No. 183/2005 to suspend, revoke or amend

registration or approval.

(4) The list referred to in sub-rule (2) shall be drawn up in

accordance with the model set out in Annex V Chapter 1 of (EC)

Regulation No. 183/2005.

(5) The identifying number referred to in sub-rule (2) shall be

in the form set out in Annex V, Chapter 1 of (EC) Regulation No.

183/2005.

(6) The competent authority shall publish, by notice in the

Gazette, the list of establishments referred to in sub-rule (1).