EUROPEAN COMMUNITIES (ADDITIVES IN FEEDINGSTUFFS) 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 (No. 27 of 1972), and for the purpose of

giving effect to the Council Directive No. 70/524/EEC of 23

November, 1970(1), as amended by Council Directive No. 73/103/EEC of

28 April, 1973(2), Council Directive No. 75/296/EEC of 28 April.

1975(3), Council Directive No. 84/587/EEC of 29 November, 1984(4),

Commission Directive No. 85/429/EEC of 8 July, 1985(5), Commission

Directive No. 85/520/EEC of 11 November, 1985(6), Commission Directive

No. 86/29/EEC of 5 February, 1986(7), Second Commission Directive No.

86/300/EEC of 4 June, 1986(8), Commission Directive No. 86/403/EEC of

28 July, 1986(9), Commission Directive No. 86/525/EEC of 27 October,

1986(10), Council Directive No. 87/153/EEC of 16 February, 1987(11),

Council Directive No. 87/316/EEC of 16 June, 1987(12), Council

Directive No. 87/317/EEC of 16 June, 1987(13), Commission Directive

No. 87/552/EEC of 17 November, 1987(14), Commission Directive No.

88/228/EEC of 8 April, 1988(15), Commission Directive No. 88/483/EEC

of 14 July, 1988(16), Commission Directive No. 88/616/EEC of 30

November, 1988(17) and Commission Directive No. 89/23/EEC of 21

December, 1988(18), hereby make the following Regulations:

(1)O.J. No. L270, 14.12.1970, p1.

(2)O.J. No. L124, 10.5.1973, p17.

(3)O.J. No. L124, 15.5.1975, p29.

(4)O.J. No. L319, 8.12.1984, p13.

(5)O.J. No. L245, 12.9.1985, p1.

(6)O.J. No. L323, 4.12.1985, p12.

(7)O.J. No. L39, 14.2.1986, p55.

(8)O.J. No. L189, 11.7.1986, p42.

(9)O.J. No. L233, 20.8.1986, p16.

(10)O.J. No. L310, 5.11.1986, p19.

(11)O.J. No. L64, 7.3.1987, p19.

(12)O.J. No. L160, 20.6.1987, p32.

(13)O.J. No. L160, 20.6.1987, p34.

(14)O.J. No. L336, 26.11.1987, p34.

(15)O.J. No. L101, 20.4.1988, p30.

(16)O.J. No. L237, 27.8.1988, p39.

(17)O.J. No. L343, 23.12.1988, p25.

(18)O.J. No. L11, 14.1.1989, p34.

REG 1

1. (1) These Regulations may be cited as the European Communities (Additives in Feedingstuffs) Regulations, 1989.

(2) These Regulations other than Regulation 7 shall come into

operation on the 1st day of May, 1989.

(3) Regulation 7 of these Regulations shall come into operation on

the 1st day of June, 1989.

REG 2

2. (1) In these Regulations:

"additive licence" means a licence granted under Regulation 6 of

these Regulations;

"authorised officer" means a person authorised by the Minister to be

an authorised officer for the purposes of these Regulations;

"Council Directive" means Council Directive No. 70/524/EEC of 23

November, 1970(1) as amended by—

(1)O.J. No. L270, 14.12.1970, p1.

Council Directive No. 73/103/EEC of 28 April, 1973(2), Council

Directive No. 75/296/EEC of 28 April, 1975(3), Council Directive No.

84/587/EEC of 29 November, 1984(4), Commission Directive No.

85/429/EEC of 8 July, 1985(5), Commission Directive No. 85/520/EEC of

11 November, 1985(6), Commission Directive No. 86/29/EEC of 5

February, 1986(7), Second Commission Directive No. 86/300/EEC of 4

June, 1986(8), Commission Directive No. 86/403/EEC of 28 July,

1986(9), Commission Directive No. 86/525/EEC of 27 October, 1986(10),

Council Directive No. 87/153/EEC of 16 February, 1987(11), Council

Directive No. 87/316/EEC of 16 June, 1987(12), Council Directive No.

87/317/EEC of 16 June, 1987(13), Commission Directive No. 87/552/EEC

of 17 November, 1987(14), Commission Directive No. 88/228/EEC of 8

April, 1988(15), Commission Directive No. 88/483/ECC of 14 July,

1988(16), Commission Directive No. 88/616/EEC of 30

(2)O.J. No. L124, 10.5.1973, p17.

(3)O.J. No. L124, 15.5.1975, p29.

(4)O.J. No. L319, 8.12.1984, p13.

(5)O.J. No. L245, 12.9.1985, p1.

(6)O.J. No. L323, 4.12.1985, p12.

(7)O.J. No. L39, 14.2.1986, p55.

(8)O.J. No. L189, 11.7.1986, p42.

(9)O.J. No. L233, 20.8.1986, p16.

(10)O.J. No. L310, 5.11.1986, p19.

(11)O.J. No. L64, 7.3.1987, p19.

(12)O.J. No. L160, 20.6.1987, p32.

(13)O.J. No. L160, 20.6.1987, p34.

(14)O.J. No. L336, 26.11.1987, p34.

(15)O.J. No. L101, 20.4.1988, p30.

(16)O.J. No. L237, 27.8.1988, p39.

November, 1988(17) and Commission Directive No. 89/23/EEC of 21

December, 1988(18).

(17)O.J. No. L343, 23.12.1988, p25.

(18)O.J. No. L11, 14.1.1989, p34.

"medicinal additive" means any substance which complies with the

definition of an additive in the Council Directive and may be

classified as an antibiotic, growth promoter, coccidiostat and other

medicinal substance;

"the Minister" means the Minister for Agriculture and Food;

"official methods of analysis" means a method of analysis specified

in the European Communities (Feeding Stuffs) (Methods of Analysis)

Regulations, 1978 to 1985;

"State Chemist" means the head of the State Laboratory or a person

authorised in writing by him to perform the functions assigned to

the State Chemist under these Regulations.

(2) A word or expression that is used in these Regulations and is

also used in the Council Directive shall, unless the contrary

intention appears, have in these Regulations the same meaning that

it has in the Council Directive.

REG 3

3. (1) A person shall not market additives for use in pre-mixtures

or feedingstuffs unless—

(a) the additive is mentioned in the First or Second Schedule to

these Regulations or is a medicinal additive for which an additive

licence has been granted under Regulation 6 of these Regulations,

and

(b) the additive complies with the conditions, if any, mentioned in

respect of the particular additive in the First or Second Schedule

to these Regulations or, in the case of a medicinal additive for

which an additive licence has been granted, it complies with the

conditions set out in that licence.

(2) A person shall not incorporate an additive in a premixture or

feedingstuff, or use an additive for the purposes of animal feeding

unless—

(a) the additive is mentioned in the First or Second Schedule to

these Regulations or the additive is a medicinal additive for which

an additive licence has been granted, and

(b) the additive is incorporated in the premixture or feedingstuffs

in accordance with the provisions, if any, in respect of the said

additive in the said Schedules or, in the case of a medicinal

additive, in accordance with the conditions set out in that additive

licence.

(3) A person shall not incorporate an additive mentioned in the

First or Second Schedule to these Regulations in a straight

feedingstuff unless such incorporation is expressly provided for in

column (8) of either of the said Schedules in respect of that

straight feedingstuff.

(4) A person shall not market an additive specified in the Second

Schedule to these Regulations or a medicinal additive for which an

additive licence has been granted, or incorporate such an additive

in a premixture or feedingstuff, or use such an additive for the

purposes of animal feeding, unless the period of authorisation, if

any, in respect of that additive specified in column (9) of the

said Schedule or in the said additive licence, has not expired.

REG 4

4. (1) Subject to paragraph (2) of this Regulation, a person shall

not mix additives specified in the First or Second Schedule to

these Regulations or medicinal additives for which an additive

licence has been granted unless, in relation to the effects desired,

there is physical and chemical compatibility between the components

of the mixture.

(2) A person shall not mix—

(a) antibiotics and growth promoters together, either with substances

from their own group or with substances from the other group; or

(b) any coccidiostats with antibiotics and growth promoters where

such coccidiostats also act, for the same category of animal, as an

antibiotic or a growth promoter; or

(c) coccidiostats and other medicinal substances if their effects are

similar,

unless the mixture concerned is a mixture of medicinal additives for

which an additive licence has been granted under Regulation 6(3) of

these Regulations.

(3) Where a maximum or minimum content is specified in the First

or Second Schedule to these Regulations in respect of an additive,

or, in the case of a medicinal additive, in the additive licence

in respect of a feedingstuff, the maximum or minimum content shall

be construed so as to refer to complete feedingstuffs with a

moisture content of 12 per cent, in so far as no special provision

is set out in the said Schedule or in the said additive licence.

(4) Where a substance which is permitted as an additive exists also

in the natural state in certain ingredients of the feedingstuff, the

amount of additive to be incorporated shall be calculated so that

the total of the elements added and the elements present naturally

does not exceed the maximum content provided for in the First or

Second Schedule to these Regulations.

(5) The Minister may exempt a person from the provisions of

Regulations 3 or 6 of these Regulations or paragraphs (1) and (2)

of this Regulation for experimental or scientific purposes.

REG 5

5. (1) A person shall not market additives and premixtures other

than in closed packages or closed containers.

(2) A package or container used for the purposes of paragraph (1)

of this Regulation shall have a means of fasterning the package or

container which is so constructed that, if the means of fastening

the package or container is damaged, the package or container cannot

be re-used.

REG 6

6. (1) This Regulation applies to medicinal additives.

(2) A person shall not manufacture or import a substance to which

this Regulation applies unless a licence (to be known and hereafter

referred to in these Regulations, as an "additive licence") has been

granted to him in that behalf under this Regulation and the

substance is manufactured or imported in accordance with any

conditions in that licence.

(3) The Minister may grant an additive licence in respect of each

of the following activities, namely, the manufacture or importation

of any of the substances to which this Regulation applies on an

application being made to him in that behalf by a person licenced

under Regulation 7(3) of these Regulations.

(4) An additive licence shall not be granted under Paragraph (3) of

this Regulation in respect of a substance to which this Regulation

applies unless—

(a) the substance is authorised in the Annexes to the Council

Directive, and

(b) any terms of the licence comply with the provisions of the

Council Directive.

(5) The Minister may revoke an additive licence granted under this

Regulation.

(6) A person shall not manufacture, import or market a premixture

or compound feedingstuff containing a substance to which this

Regulation applies unless—

(a) an additive licence has been granted under this Regulation in

respect of the substance,

(b) the substance conforms with the provisions of such licence, and

(c) the substance has been incorporated in the premixture or

feedingstuff in accordance with the conditions laid down in such

licence.

REG 7

7. (1) A person shall not manufacture, import or market—

(a) medicinal additives,

(b) premixture containing medicinal additives with a view to those

premixtures being incorporated in compound feedingstuffs, or

(c) compound feedingstuffs containing medicinal additives,

unless—

(i) the conditions specified in the Third Schedule to these

Regulations have been satisfied, and

(ii) the medicinal additives and the said premixtures and

feedingstuffs have been put on the market by—

(I) in the case of medicinal additives and premixtures imported into

the State or manufactured or marketed in the State, a person

licensed in that behalf by the Minister under paragraph (3) of this

Regulation, or

(II) in the case of feedingstuffs imported into the State or

manufactured in the State, a person licensed in that behalf by the

Minister under paragraph (3) of this Regulation, and

(III) in the case of medicinal additives, premixtures and

feedingstuffs manufactured outside the State but in a Member State

of the European Economic Community, a manufacturer who satisfies the

requirements of the Third Schedule to these Regulations and who has

a representative in the State, or

(IV) in the case of medicinal additives, premixtures and

feedingstuffs manufactured outside the European Community, a

representative of the manufacturer who satisfies the requirement of

the Third Schedule to these Regulations.

(2) Where a person desires to be licensed under this Regulation he

shall apply to the Minister for a licence in that behalf.

(3) The Minister may grant a licence under this Regulation if he

is satisfied that the conditions set out in the Third Schedule to

these Regulations have been satisfied.

(4) The Minister may revoke a licence under this Regulation.

(5) No person shall market a medicinal additive produced outside the

Member States of the European Economic Community or a premixture or

feedingstuff containing such additives unless he can satisfy the

Minister that the requirements of the Third Schedule to these

Regulations have been satisfied by the manufacturer of the said

produced additive, premixture or feedingstuff.

REG 8

8. (1) A person shall not deliver medicinal additives to

manufacturers of premixtures or, subject to paragraph (2) of this

Regulation, manufacturers of compound feedingstuffs unless the said

manufacturer is licensed under Regulation 7(3) of these Regulations.

(2) A person shall not deliver medicinal additives to manufacturers

of compound feedingstuffs unless the medicinal additives are in the

form of premixture which comply with the requirements of Regulation

9 of these Regulations.

REG 9

9. A person shall not incorporate a medicinal additive in a

compound feedingstuff unless the medicinal additive has been prepared

in advance in the form of a premixture including a carrier and

such premixture has been incorporated in the compound feedingstuff

only in a proportion of at least 0.2 per cent by weight.

REG 10

10. (1) Subject to paragraph (2) of this Regulation, a person shall

not—

(a) manufacture a supplementary feedingstuff for a species or

category of animal unless the level of additives therein equals or

is less than the permitted level of additives specified in the

First or Second Schedule to these Regulations or, in the case of a

medicinal additive, in the additive licence for a complete

feedingstuff for that species or category of animal, or

(b) feed a supplementary feedingstuff to a species or category of

animal unless the level of additives therein equals or is less than

the permitted level of additives specified in the First or Second

Schedule to these Regulations or, in the case of a medicinal

additive, in the additive licence for a complete feedingstuff for

that category of animal.

(2) Where a supplementary feedingstuff is such that were it mixed

with other feedingstuffs prior to feeding, or fed as such in

conjunction with other feedingstuffs, in accordance with instructions

issued by its manufacturer and printed on, or on a label attached

to, its packaging or, in case the supplementary feedingstuff is

delivered in bulk, on documents accompanying the feedingstuff, the

resulting feedingstuff or the daily ration as appropriate would

comply with the requirements of Paragraph (1) of this Regulation,

then the said requirements shall, as regards the supplementary

feedingstuff, be regarded as having been complied with: provided the

supplementary feedingstuff has one or more characteristics (for

example, a feed or mineral block or the content of crude protein

or minerals) which in practice ensure that the level of additives

fixed for a complete feedingstuff for that species or category of

animal is not exceeded and that the feedingstuff is not used for

other species of animals.

REG 11

11. (1) A person shall not market any of the additives specified

in the First or Second Schedule to these Regulations or, in the

case of a medicinal additive, in the additive licence, unless the

particulars (which shall be clearly visible, readily legible and

indelible) set out in paragraph (2) of this Regulation are set out

on the package or container in which they are packed or on a

label attached thereto and, in addition to the said particulars,

provided the relevant particulars (which shall be clearly visible,

readily legible and indelible) set out in paragraph (3) of this

Regulation are set out on the package or container in which the

additives are packed or on a label attached thereto.

(2) The particulars referred to in paragraph (1) of this Regulation

to be displayed in respect of all additives shall be—

(a) the specific name of the additive being the name used in the

First or Second Schedule to these Regulations or, in the case of

medicinal additives, in accordance with the additive licence;

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

of business of the person responsible for the particulars specified

in this paragraph and paragraph (3) of this Regulation; and

(c) the net weight and, in the case or liquid additives, either

the net volume or the net weight.

(3) The particulars referred to in paragraph (1) of this Regulations

shall be in respect of—

(a) antibiotics, growth promoters, coccidiostats and other medicinal

substances:

(i) the name or business name and the address or registered place

of business of the manufacturer if he is not responsible for the

particulars on the label,

(ii) the active substance level,

(iii) the expiry date of the guarantee or storage life from the

date of manufacture,

(iv) batch reference number,

(v) date of manufacture,

(vi) the indication "to be used exclusively by manufacturers of

premixtures for compound feedingstuffs".

(vii) directions for use, and

(viii) where appropriate, a safety recommendation regarding use in

the case of additives which are the subject of special provisions

in the additive licence;

(b) vitamin E: the alpha-tocopherol level and expiry date of the

guarantee of that level or storage life from the date of

manufacture;

(c) vitamins (other than vitamin E), provitamins and substances

having a similar effect: the active substance level and expiry date

of the guarantee of that level or storage life from the date of

manufacture;

(d) trace elements, colourants including pigments, preserving agents

and other additives: the active substance level; and

(e) the additives referred to in sub-paragraphs (b), (c) and (d) of

this paragraph: the indication: "to be used exclusively in the

manufacture of feedingstuffs".

REG 12

12. Without prejudice to the generality of Regulation 11 of these

Regulations, the specific name of the additive may be accompanied

by—

( a ) the trade name and EEC number of the additive,

or

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

place of business of the manufacturer, if he is not responsible for

the particulars on the label, the directions for use and, where

appropriate, a safety recommendation regarding use in these cases

where the last three indications are not required under paragraph

(3) of Regulation 11 of these Regulations.

REG 13

13. Notwithstanding Regulations 11 and 12 of these Regulations,

information other than that required or authorised pursuant to the

said Regulations may appear on packages, containers or labels,

provided it is clearly separated from the particulars required by

Regulation 11 or permitted under Regulation 12 of these Regulations.

REG 14

14. (1) A person shall not market premixtures unless the particulars

(which shall be clearly visible, readily legible and indelible)

specified in paragraphs (2) and (3) of this Regulation are given on

the package or container in which the premixtures are packed or on

a label affixed thereto.

(2) The particulars referred to in paragraph (1) of this Regulation

in respect of premixtures shall be—

( a ) the description "premixture";

( b ) the indication "to be used exclusively in the manufacture of

feedingstuffs", except for the premixtures referred to in paragraph

(3) (a), of this Regulation;

( c ) directions for use, and any safety recommendations regarding

the use of the premixtures;

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

premixture is intended;

( e ) the name or business name and the address or registered

place of business of the person responsible for the particulars

referred to in this paragraph and paragraph (3) of this Regulation;

and

( f ) the net weight and, in the case of liquids either the net

volume or net weight.

(3) The particulars referred to in paragraph (1) of this Regulation,

in addition to those specified in Paragraph (2) of this Regulation,

shall be, in respect of premixtures containing—

( a ) antibiotics, growth promoters, coccidiostats and other

medicinal substances:

(i) the name or business name and the address or registered place

of business of the manufacturer if he is not responsible for the

details on the label,

(ii) the specific name of the additive being the name used in the

additive licence,

(iii) the active substance level,

(iv) the expiry date of the guarantee of that level or storage

life from the date of manufacture, and

(v) the indication "to be used exclusively by manufacturers of

compound feedingstuffs";

( b ) substances having antioxidant effects: