Annexes to COM(2008)124 - Placing on the market and use of feed - Main contents

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dossier	COM(2008)124 - Placing on the market and use of feed.
document	COM(2008)124
date	July 13, 2009

ANNEX I

Technical provisions on impurities, milk replacer, feed materials for binding or denaturising, the ash level and moisture content as referred to in Article 4

In accordance with good practice as referred to in Article 4 of Regulation (EC) No 183/2005, feed materials shall be free from chemical impurities resulting from their manufacturing process and from processing aids, unless a specific maximum content is fixed in the Catalogue referred to in Article 24.

The botanical purity of feed materials shall not be less than 95 %, unless a different level has been laid down in the Catalogue referred to in Article 24. Botanical impurities comprise impurities of plant materials which do not have adverse effects on the animals e.g. straw and seeds of other cultivated species or weeds. Botanical impurities such as residues of other oil seeds or oil fruits derived from a previous manufacturing process, shall not exceed 0,5 % for each type of oil seed or fruit.

3.	The iron level in milk replacer feed for calves of a live weight less than or equal to 70 kilograms shall be at least 30 milligrams per kilogram of the complete feed at a moisture content of 12 %.

Where feed materials are used to denature or bind other feed materials, the product may still be considered to be a feed material. Name, nature and quantity of the feed material used to bind or denature shall be labelled. If a feed material is bound by another feed material the percentage of the latter shall not exceed 3 % of the total weight.

The level of ash insoluble in hydrochloric acid shall not exceed 2,2 % of the dry matter. The 2,2 % level may, however, be exceeded for:

—	feed materials,

—	compound feed containing authorised mineral binding agents,

—	mineral feed,

—	compound feed containing more than 50 % of rice or sugar beet by-products,

—	compound feed intended for farmed fish with a fish meal content of over 15 %,

provided that the level is declared on the label.

Provided that no other level is laid down in Annex V or the Catalogue referred to in Article 24 the moisture content of the feed must be stated if it exceeds:

—	5 % in the case of mineral feed containing no organic substances,

—	7 % in the case of milk replacer feeds and other compound feed with a milk-product content exceeding 40 %,

—	10 % in the case of mineral feed containing organic substances,

—	14 % in the case of other feed.

ANNEX II

General provisions on labelling as referred to in Article 11(4)

1.	Contents or levels indicated or to be declared relate to the weight of the feed, unless otherwise stated.

2.	The numeric indication of dates shall follow the order of day, month and year and the format shall be indicated on the label by means of the following abbreviation: ‘DD/MM/YY’.

Synonymic expressions in certain languages;

(a)

in Czech the designation ‘krmiva’ may be replaced by ‘produkty ke krmení’ as applicable; in German the designation ‘Einzelfuttermittel’ may be replaced by ‘Futtermittel-Ausgangserzeugnis’; in Greek ‘πρώτη ύλη ζωοτροφών’ may be replaced by ‘απλή ζωοτροφή’; in Italian ‘materia prima per mangimi’ may be replaced by ‘mangime semplice’;

(b)

in the designation of feed for pets the following expressions shall be allowed: in Bulgarian ‘храна’; in Spanish ‘alimento’; in Czech the designation ‘kompletní krmná směs’ may be replaced by ‘kompletní krmivo’ and ‘doplňková krmná směs’ may be replaced by ‘doplňkové krmivo’; in English ‘pet food’; in Italian ‘alimento’; in Hungarian ‘állateledel’; in Dutch ‘samengesteld voeder’; in Polish ‘karma’; in Slovenian ‘hrana za hišne živali’; in Finnish ‘lemmikkieläinten ruoka’.

The instructions for proper use of complementary feed and feed materials containing additives in excess of the maximum levels fixed for complete feed shall state the maximum quantity:

—	in grams or kilograms or units of volume of complementary feed and feed materials per animal per day, or

—	percentage of the daily ration, or

—	per kilo of complete feed or percentage in complete feed,

in order to ensure that the respective maximum contents of feed additives in the daily ration are complied with.

5.	Without affecting the analytical methods, for pet food the expression ‘crude protein’ may be replaced by ‘protein’, ‘crude oils and fats’ may be replaced by ‘fat content’ and ‘crude ash’ may be replaced by ‘incinerated residue’ or ‘inorganic matter’.

ANNEX III

List of materials whose placing on the market or use for animal nutritional purposes is restricted or prohibited as referred to in Article 6

Chapter 1: Prohibited materials

1.	Faeces, urine and separated digestive tract content resulting from the emptying or removal of digestive tract, irrespective of any form of treatment or admixture.

2.	Hide treated with tanning substances, including its waste.

3.	Seeds and other plant-propagating materials which, after harvest, have undergone specific treatment with plant-protection products for their intended use (propagation), and any by-products derived therefrom.

4.	Wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (1).

All waste obtained from the various phases of the urban, domestic and industrial waste water as defined in Article 2 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (2), irrespective of any further processing of such waste and irrespective also of the origin of the water.

6.	Solid urban waste, such as household waste.

7.	Packaging from the use of products from the agri-food industry, and parts thereof.

Chapter 2: Restricted materials

(1) OJ L 123, 24.4.1998, p. 1.

(2) OJ L 135, 30.5.1991, p. 40.

ANNEX IV

Permitted tolerances for the compositional labelling of feed materials or compound feed as referred to in Article 11(5)

The tolerances laid down in this Annex include technical and analytical deviations. Once analytical tolerances covering measurement uncertainties and procedural variations are fixed at Community level, the values set out in paragraph 2 should be adapted accordingly in order to cover only the technical tolerances.

Where the composition of a feed material or compound feed is found to depart from the labelled composition in a manner such as to reduce its value, the following tolerances are permitted:

(a)

for crude protein, sugars, starch and inulin:

—	3 units for declared contents of 30 % or more,

—	10 % of the declared content for declared contents of less than 30 % but not less than 10 %,

—	1 unit for declared contents of less than 10 %;

(b)

for crude fibre, crude oil and fats:

—	2,2 units for declared contents of 15 % or more,

—	15 % of the declared content for declared contents of less than 15 % but not less than 5 %,

—	0,8 units for declared contents of less than 5 %;

(c)

for moisture, crude ash, ash insoluble in hydrochloric acid and chlorides expressed as NaCl, total phosphorus, sodium, calcium carbonate, calcium, magnesium, acid index and matter insoluble in light petroleum:

—	1,5 units for declared contents (values) of 15 % (15) or more, as appropriate,

—	10 % of the declared content (value) for declared contents (values) of less than 15 % (15), but not less than 2 % (2), as appropriate,

—	0,2 units for declared contents (values) of less than 2 % (2), as appropriate;

(d)	for the energy value 5 % and for the protein value 10 %;

(e)

for feed additives (1);

—	10 % if the declared content is 1 000 units or more,

—	100 units for declared contents of less than 1 000 units but not less than 500 units,

—	20 % of the declared content of less than 500 units but not less than 1 unit,

—	0,2 units for declared contents of less than 1 unit but not less than 0,5 units,

—	40 % of the declared content of less than 0,5 units.

These tolerances shall apply also to the maximum levels of feed additives in compound feed.

3.	As long as the fixed maximum level for each feed additive is not exceeded, the variation from the declared content may be up to three times the relevant tolerance laid down in paragraph 2.

4.	For feed additives belonging to the group of micro-organisms the acceptable upper limit shall correspond to the fixed maximum level.

(1) 1 unit in this paragraph means 1 mg, 1 000 IU, 1 × 109 CFU or 100 enzyme activity units of the respective feed additive.

ANNEX V

Compulsory declaration for feed materials as referred to in Article 16(1)(b)

	Feed material consisting of	Compulsory declaration of
1.	Forages and roughage	Crude protein, if > 10 % Crude fibre
2.	Cereal grains
3.	Products and by-products of cereal grains	Starch, if > 20 % Crude protein, if > 10 % Crude oils and fats, if > 5 % Crude fibre
4.	Oil seeds, oil fruits
5.	Products and by-products of oil seeds, oil fruits	Crude protein, if > 10 % Crude oils and fats, if > 5 % Crude fibre
6.	Legume seeds
7.	Products and by-products of legume seeds	Crude protein, if > 10 % Crude fibre
8.	Tubers, roots
9.	Products and by-products of tubers and roots	Starch Crude fibre Ash insoluble in HCl, if > 3,5 % of dry matter
10.	Products and by-products of the sugar beet processing industry	Crude fibre, if > 15 % Total sugar, calculated as sucrose Ash insoluble in HCl, if > 3,5 % of dry matter
11.	Products and by-products of the sugar cane processing industry	Crude fibre, if > 15 % Total sugar calculated as sucrose
12.	Other seeds and fruits, their products and by-products, except those mentioned in 2-7	Crude protein Crude fibre Crude oils and fats, if > 10 %
13.	Other plants, their products and by-products, except those mentioned in 8-11	Crude protein, if > 10 % Crude fibre
14.	Milk products and by-products	Crude protein Moisture, if > 5 % Lactose, if > 10 %
15.	Land animal products and by-products	Crude protein, if > 10 % Crude oils and fats, if > 5 % Moisture, if > 8 %
16.	Fish, other marine animals, their products and by-products	Crude protein, if > 10 % Crude oils and fats, if > 5 % Moisture, if > 8 %
17.	Minerals	Calcium Sodium Phosphorus Other relevant minerals
18.	Miscellaneous	Crude protein, if > 10 % Crude fibre Crude oils and fats, if > 10 % Starch, if > 30 % Total sugar, as sucrose, if > 10 % Ash insoluble in HCl, if > 3,5 % of dry matter

ANNEX VI

Labelling particulars for feed materials and compound feed for food-producing animals

Chapter I: Labelling of feed additives as referred to in Articles 15(f) and 22(1)

The following additives shall be listed with their specific names as defined in the relevant legal act authorising the feed additive in question, added amount, identification number and name of the functional group as laid down in Annex I to Regulation (EC) No 1831/2003 or the category referred to in Article 6(1) of that Regulation:

(a)	additives where a maximum content is set for any kind of target species;

(b)	additives belonging to the categories ‘zootechnical additives’ and ‘coccidiostats and histomonostats’;

(c)	additives belonging to the functional group of ‘urea and its derivatives’ of the category ‘nutritional additives’ as laid down in Annex I to Regulation (EC) No 1831/2003.

2.	The name as laid down in the relevant legal act authorising the feed additive in question and the added amount of the feed additive shall be indicated if its presence is emphasised on the labelling in words, pictures or graphics.

3.	The person responsible for the labelling shall disclose the names, the identification number and the functional group of the feed additives not mentioned in paragraph 1 to the purchaser at his request.

4.	Feed additives not mentioned in paragraph 1 may be voluntarily indicated in the form laid down in paragraph 1 or partially.

5.	If a sensory or nutritional feed additive as referred to in Annex I to Regulation (EC) No 1831/2003 is labelled on a voluntary basis, its added amount shall be indicated.

6.	If an additive belongs to more than one of the functional groups, the functional group or category appropriate to its principal function in the case of the feed in question shall be indicated.

Chapter II: Labelling of analytical constituents as referred to in Articles 17(1)(f) and 22(1)

The analytical constituents of compound feed for food producing animals shall be labelled as follows:

Feed

Analytical constituents and levels

Target species

Complete feed

—	Crude protein

All species

—	Crude fibre

All species

—	Crude oils and fats

All species

—

Crude ash

All species

—

Lysine

Pigs and poultry

—	Methionine

Pigs and poultry

—

Calcium

All species

—

Sodium

All species

—	Phosphorus

All species

Complementary feed — Mineral

—

Lysine

Pigs and poultry

—	Methionine

Pigs and poultry

—

Calcium

All species

—

Sodium

All species

—	Phosphorus

All species

—

Magnesium

Ruminants

Complementary feed — Other

—	Crude protein

All species

—	Crude fibre

All species

—	Crude oils and fats

All species

—

Crude ash

All species

—

Lysine

Pigs and poultry

—	Methionine

Pigs and poultry

—	Calcium ≥ 5 %

All species

—

Sodium

All species

—	Phosphorus ≥ 2 %

All species

—	Magnesium ≥ 0,5 %

Ruminants

2.	If amino acids, vitamins and/or trace elements are indicated under the heading of analytical constituents, they shall be declared, along with the total amount thereof.

3.	If the energy value and/or protein value are indicated, such indication shall be in accordance with the EC method, if available or with the respective official national method in the Member State where the feed is placed on the market, if available.

ANNEX VII

Labelling particulars for feed materials and compound feed for non-food producing animals

Chapter I: Labelling of feed additives as referred to in Articles 15(f) and 22(1)

The following additives shall be listed, along with their specific names as defined in the relevant legal act authorising the feed additive in question and/or its identification number, added amount and the name of the functional group as laid down in Annex I to Regulation (EC) No 1831/2003 or the category referred to in Article 6(1) of that Regulation:

(a)	additives where a maximum content is set for any kind of target species;

(b)	additives belonging to the categories ‘zootechnical additives’ and ‘coccidiostats and histomonostats’;

(c)	additives belonging to the functional group of ‘urea and its derivatives’ of the category ‘nutritional additives’ as laid down in Annex I to Regulation (EC) No 1831/2003.

By way of derogation from paragraph 1, for additives of the functional groups ‘preservatives’, ‘antioxidants’ and ‘colourants’ as laid down in Annex I to Regulation (EC) No 1831/2003, only the functional group in question need be indicated.

In this case the information pursuant to paragraph 1 shall be disclosed by the person responsible for the labelling to the purchaser at his request.

3.	The name as laid down in the relevant legal act authorising the feed additive in question and the added amount of the feed additive shall be indicated if its presence is emphasised on the labelling in words, pictures or graphics.

4.	The person responsible for the labelling shall disclose the names, the identification number and the functional group of the feed additives not mentioned in paragraph 1 to the purchaser at his request.

5.	Feed additives not mentioned in paragraph 1 may be voluntarily indicated in the form laid down in paragraph 1 or partially.

6.	If a sensory or nutritional feed additive as referred to in Annex I to Regulation (EC) No 1831/2003 is labelled on a voluntary basis, its added amount shall be indicated.

7.	If an additive belongs to more than one of the functional groups, the functional group or category appropriate to its principal function in the case of the feed in question shall be indicated.

The person responsible for the labelling shall make available to the competent authorities any information concerning the composition or claimed properties of the feed placed on the market by such person which enables the accuracy of the information given on the labelling to be verified, including complete information on all additives used.

Chapter II: Labelling of analytical constituents as referred to in Articles 17(1)(f) and 22(1)

The analytical constituents of compound feed for non-food producing animals shall be labelled as follows:

Feed

Analytical constituents

Target species

Complete feed

—	Crude protein

Cats, dogs and fur animals

—	Crude fibres

Cats, dogs and fur animals

—	Crude oils and fats

Cats, dogs and fur animals

—

Crude ash

Cats, dogs and fur animals

Complementary feed — Mineral

—

Calcium

All species

—

Sodium

All species

—	Phosphorus

All species

Complementary feed — Other

—	Crude protein

Cats, dogs and fur animals

—	Crude fibres

Cats, dogs and fur animals

—	Crude oils and fats

Cats, dogs and fur animals

—

Crude ash

Cats, dogs and fur animals

2.	If amino acids, vitamins and/or trace elements are indicated under the heading of analytical constituents, they shall be declared, along with the total amount thereof.

3.	If the energy value and/or protein value are indicated, such indication shall be in accordance with the EC method, if available, or with the respective official national method in the Member State where the feed is placed on the market, if available.

ANNEX VIII

Specific provisions for the labelling of feed which does not comply with safety and marketing requirements under Community law as referred to in Article 20(1)

Contaminated materials shall be labelled as ‘feed with excessive level(s) of … (designation of the undesirable substance(s) in accordance with Annex I to Directive 2002/32/EC), only to be used as feed after detoxification in authorised establishments’. The authorisation of such establishments shall be in accordance with Article 10(2) or (3) of Regulation (EC) No 183/2005.

Where the contamination is intended to be reduced or eliminated by cleaning, the labelling of contaminated materials shall contain the following addition: ‘feed with excessive level(s) of … (designation of the undesirable substance(s) in accordance with Annex I to Directive 2002/32/EC), only to be used as feed after adequate cleaning’.

ANNEX IX

CORRELATION TABLE

Directive 79/373/EEC	Directive 96/25/EC	Other acts: Directives 80/511/EEC (1), 82/471/EEC (2), 93/74/EEC (3), 93/113 EC (4), or Decision 2004/217/EC (5)	This Regulation
—	—	—	Article 1
Article 1	Article 1	(2), (4): Article 1 (3): Article 4	Article 2
Article 2	Article 2	(2), (3): Article 2	Article 3
—	—	—	Article 4(1)
Article 3	Article 3	(3): Article 1(2)	Article 4(2)
	Article 4		Article 4(3)
—	—	—	Article 5(1)
Article 12		(3): Article 10(2)	Article 5(2)
Article 10a(3)	Article 11(b)	(2): Article 8	Article 6
—	—	—	Article 7
—	—	—	Article 8
		(3): Article 3	Article 9
		(3): Article 6	Article 10
Article 5e			Article 11(1)
Article 5(2)	Article 5(1)	(2): Article 5(2)	Article 11(2)
—	—	—	Article 11(3)
Article 5(6)	Articles 4 and 6(4)		Article 11(4)
Article 6	Article 4		Article 11(5)
Article 5(1)	Article 5(1)		Article 12
Article 5e	Article 5(2)	(3): Article 5(6)	Article 13
Article 5(1), Article 11	Article 5(1), Article 9		Article 14
Articles 5(1) and 5(5)(c)	Article 5(1)	(4): Article 7(1)E and Directive 70/524/EEC: Article 16	Article 15
	Article 5(1)(c), (d) and 7		Article 16
Articles 5(1), 5c and 5d			Article 17(1)
—	—	—	Article 17(2)
Article 5c(3)			Article 17(3)
		(3): Articles 5(1), (4), (7) and 6(a)	Article 18
—	—	—	Article 19
	Article 8		Article 20
	Article 6(1)(a)		Article 21(1)
Article 5(5)(d)			Article 21(2)
	Article 6(3)(a)		Article 21(3)
Article 5(5)(b)			Article 21(4)
Article 5(5)(a)			Article 21(5)
Article 5(2)	Article 5(3), 6(1)(b)		Article 21(6)
—	—	—	Article 21(7)
Article 14(c)			Article 21(8)
Article 5(3), 5c(4) and 5e	Article 5(2)		Article 22
Article 4(1)		(1): Article 1	Article 23
—	—	—	Article 24
—	—	—	Article 25
—	—	—	Article 26
Article 10	Article 11		Article 27
Article 13	Article 13	(2): Articles 13 and 14 (3): Article 9	Article 28
—	—	—	Article 29
—	—	—	Article 30
—	—	—	Article 31
—	—	—	Article 32
—	—	—	Article 33
Annex Part A(2), (3), (4)	Annex Part A(II), (VI),		Annex I
Annex Part A(1) and Article 5(6),	Article 6(4)		Annex II
		(5): Annex	Annex III
Annex Part A(5), (6)	Annex Part A(VII)		Annex IV
	Annex Part C		Annex V
Annex Part B			Annex VI
Annex Part B			Annex VII