EUROPEAN COMMUNITIES (FEEDINGSTUFFS) (TOLERANCES OF UNDESIRABLE SUBSTANCES AND PRODUCTS) REGULATIONS 1998

I, Joe Walsh, Minister for Agriculture and Food, in exercise of thepowers conferred on me by section 3 of the European CommunitiesAct, 1972 (No 27 of 1972), and for the purpose of giving effectto Council Directive No. 74/63/EEC of 17 December, 19731, as amendedby1 O.J. No. L 38, 11. 2. 1974, p. 31Commission Directive No. 76/14/EEC of 15 December 19752,2 O.J. No. L 4, 9. 1. 1976, p.24Commission Directive No. 76/934/EEC of 1 December 19763,3 O.J. No. L 364, 31. 12. 1976, p. 20Council Directive No. 80/502/EEC of 6 May 19804,4 O.J. No. L 124, 20. 5. 1980, p 17Commission Directive No. 83/381/EEC of 28 July 19835,5 O.J. No. L 222, 13. 8. 1983, p. 31Commission Directive No. 86/299/EEC of 3 June 19866,6 O.J. No. L 189, 11. 7. 1986, p.40Council Directive No. 86/354/EEC of 21 July 19867,7 O.J. No. L 212, 2. 8. 1986, p. 27Commission Directive No. 87/238/EEC of 1 April 19878,8 O.J. No L 110, 25. 4. 1987, p. 25Commission Directive No. 91/126/EEC of 13 February, 199199 O.J. No. L 60, 7. 3. 1991, p. 16Commission Directive No. 92/63/EEC of 10 July, 19921010 O.J. No. L 221, 6. 8, 1992, p. 49Council Directive No. 92/88/EEC of 26 October, 19921111 O.J. No. L 321, 6. 11. 1992, p. 24Commission Directive No. 94/16/EEC of 22 April, 19941212 O.J. No. L 104, 23. 4. 1994, p. 32Council Directive No. 95/69/EC of 22 December, 19951313 O.J. No. L 332, 30. 12. 1995, p. 15Commission Directive No. 96/6/EEC of 16 February, 199614,14 O.J. No. 49, 28. 2. 1996, p. 29Council Directive No. 96/25/EC of 29 April, 199615,15 O.J. No. L 125, 23. 5. 1996, p. 35Commission Directive No. 97/8/EC of 7 February, 199716 and16 O.J. No. L 48, 19. 2. 1997, p. 22Commission Directive No 98/60/EC of 24 July, 19981717 O.J. No. L 209, 25.7.1998, p. 50hereby make tile following, Regulations:

REG 1

1. (1) These Regulations may be cited as the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1998.

REG 2

2. (1) In these Regulations -"animals" means animals belonging to species normally nourished andkept or consumed by man, as well as animals living freely in thewild in cases where they are nourished with feedingstuffs;"authorised officer" means a person authorised in writing by theMinister for the purposes of these Regulations;"complementary feedingstuffs" means mixtures of feedingstuffs whichhave a high content of certain substances and which, by reason oftheir composition, are sufficient for a daily ration only if theyare used in combination with other feedingstuffs;"complete feedingstuffs" means mixtures of feedingstuffs which, byreason of their composition, are sufficient for a daily ration;"compound feedingstuffs" means mixtures of feed materials, whether ornot containing additives, which are intended for oral animal feedingas complete or complementary feedingstuffs;"the Directive" means Council Directive No. 74/63/EEC of 17 December1973 1 , as amended by:-1 O.J. No. L 38, 11.2. 1974, p.31Commission Directive No. 76/14/EEC of 15 December 19752.2 O.J. No, L 4.9. 1. 1976, p.24Commission Directive No. 76/934/EEC of 1 December 19763,3 O.J. No. L 364, 31. 12, 1976, p. 20Council Directive No. 80/502/EEC of 6 May 19804,4 O.J. No. L 124, 20. 5. 1980, p. 17Commission Directive No. 83/381/EEC of 28 July 19835.5 O.J. No. L 222, 13. 8. 1983, p. 31Commission Directive No. 86/299/EEC of 3 June 19866,6 O.J. No. L 189, 11. 7. 1986, p.40Council Directive No. 86/354/EEC of 21 July 19867,7 O.J. No. L 212, 2. 8. 1986, p. 27Commission Directive No. 87/238/EEC of 1 April 19878.8 O.J. No L 110, 25. 4. 1987, p. 25Commission Directive No. 91/126/EEC of 13 February, 199199 O.J. No. L 60, 7. 3. 1991, p. 16Commission Directive No. 92/63/EEC of 10 July, 19921010 O.J. No. L 221, 6. 8. 1992, p. 49Council Directive No. 92/88/EEC of 26 October, 19921111 O.J. No. L 321, 6. 11. 1992, p. 24Commission Directive No. 94/16/EEC of 22 April, 19941212 O.J. No. L 104, 23. 4. 1994, p. 24Council Directive No. 95/69/EEC of 22 December, 19951313 O.J. No. L 332,30. 12. 1995, p. 15Commission Directive No. 96/6/EEC of 16 February, 199614,14 O.J. No. L 49, 28. 12. 1996, p. 29

Commission Directive No. 96/25/EC of 29 April, 199615,15 O.J. No. L 125, 23. 5. 1996, p. 35Commission Directive No. 97/8/EC of 7 February, 199716, and16 O.J. No. L 48, 19. 2. 1997, p. 22Commission Directive No. 98/60/EC of 25 July, 19981717 O.J. No. L 209, 25.7. 1998, p. 50"feedingstuffs" means products of vegetable or animal origin, intheir natural state, fresh or preserved, and products derived fromthe industrial processing thereof, and organic or inorganicsubstances, used singly or in mixtures. whether or not containingadditives, for oral animal feeding;"feed materials" means various products of vegetable or animalorigin, in their natural state, fresh or preserved, and productsderived from the industrial processing thereof, and organic orinorganic substances, whether or not containing additives, which areintended for use in oral animal feeding, either directly as such orafter processing, in the preparation of compound feeding stuffs oras carriers of premixtures;"Member State" means a Member State of the European Communities;"Minister" means the Minister for Agriculture and Food;"official method of analysis" means a method of analysis specifiedin the European Communities (Feedingstuffs) (Method of Analysis)Regulations, 1978 to 1994;"pet animals" means animals belonging to species normally nourishedandkept but not consumed by man, except animals bred for furproduction;"the State Chemist" means the head of the State Laboratory or aperson authorised by him/her in writing to perform, the functionsassigned to the State Chemist by these Regulations;"third country" means a country or territory which is not a MemberState;"undesirable substance or product" means a substance or productspecified in the first column of the First Schedule or the SecondSchedule to these Regulations.(2) A word or phrase that is used in these Regulations and isalso used in the Directive shall, unless the contrary intentionappears, have the meaning that it has in the Directive.

REG 3

3. (1) Feed materials may only be put into circulation if they aresound, genuine and of merchantable quality.(2) In particular, and subject to Part I of the Second Schedule tothese Regulations, feed materials cannot be considered as sound,genuine and of merchantable quality if the level of undesirablesubstances or products is so high as to make it impossible torespect the maximum levels fixed for compound feedingstuffs in theFirst Schedule to these Regulations.

REG 4

4. A person shall not -(a) put into circulation,(b) use to feed animals,(c) use in the manufacture of compound feedingstuffs,(d) have in his possession for such uses -(i) a feedingstuff to which these Regulations apply and whichcontains an undesirable substance or product unless the feedingstuffcomplies with Regulation 5 of these Regulations, or(ii) a feed material unless the feed material complies withRegulations 7 and 8 of these Regulations.

REG 5

5. (1) The amount of any undesirable substance or product containedin a feeding stuff mentioned in the second column of the FirstSchedule to these Regulations opposite the mention of the substanceor product in the first column of the said Schedule shall notexceed the maximum content specified in the third column of thesaid Schedule opposite the mention of the feeding stuff in the saidsecond column.(2) The reference in the second column of the First Schedule tothese Regulations opposite the mention of an undesirable substance orproduct to a complete feedingstuff shall, in a case in which thereis no mention in that column opposite the mention of the substanceor product of a complementary feeding stuff, be construed asincluding a reference to a complementary feedingstuff.(3) Notwithstanding paragraph (2) of this Regulation, where acomplementary feedingstuff is such that were it diluted in accordancewith instructions issued by its manufacturer and printed on itspackaging, or on a label attached thereto, or, in case thecomplementary feedingstuff is delivered in bulk, on documentsaccompanying the feedingstuff, the resulting feedingstuff would complywith the requirements of paragraph (1) of this Regulation, then thesaid requirements shall, as regards the feedingstuff, be regarded ashaving been complied with.

REG 6

6. The maximum permitted level for lead in green fodder providedfor in the First Schedule to these Regulations may be exceeded inthe case of fodder which is produced and used in the same stateon the same agricultural holding where, in the opinion of theMinister, this is necessary because of the proximity of the holdingto a mining site, provided that the Minister is satisfied thatneither animal nor human health can suffer harm because of suchexcess level.

REG 7

7. The amount of any undesirable substance or product contained ina feed material mentioned in column (2) of Part I of the SecondSchedule to these Regulations opposite the mention of the substanceor product in column (1) to the said Schedule shall not exceed themaximum content specified in the third column of the said Scheduleopposite the mention of the feed material in the said secondcolumn.

REG 8

8. Subject to the provisions of Regulation 7 of these Regulations,where the content of an undesirable substance or product mentionedin column (1) of Part II of the Second Schedule to theseRegulations in a feed material mentioned in column (2) of the saidPart II exceeds the level laid down in column (3) of the FirstSchedule to these Regulations in respect of the correspondingfeedingstuff, the feed material mentioned in column (2) of Part IIof the said Second Schedule, may be put into circulation only if -(a) it is intended for use by manufacturers of compoundfeedingstuffs approved in accordance with the provisions of CouncilDirective 95/69/EC of 22 December, 19951, and(b) it is accompanied by a document stating:(i) that the feed material is intended for manufacturers of compoundfeedingstuffs approved in accordance with the provisions of Article 2of Council Directive 95/69/EC of 22 December, 1995,(ii) that the feed material may not be fed unprocessed tolivestock, and(iii) the amount of the undesirable substance or product containedin the feed material.

REG 9

9. A consignment of a feed material, referred to in Part I of theSecond Schedule to these Regulations, which has a content of anundesirable substance or product higher than the maximum level fixedin column (3) of Part I of the said Schedule shall not be mixedwith other consignments of feed materials or with consignments offeeding stuffs.

REG 10

10. (1) Where an operator or a person who, by virtue of hisprofessional activities possesses, or has possessed, or has haddirect contact with a consignment of a feed material or of afeedingstuff and has knowledge to the effect that -(a) the consignment of feed material is unsuitable for any use inanimal feedingstuffs because of contamination by an undesirablesubstance or product covered by the Council Directive and thereforedoes not comply with Regulation 5(1) of these Regulations andconsequently constitutes a serious risk for animal and public health,

or(b) the consignment of feedingstuff does not meet the provision ofthe First Schedule to these Regulations and therefore constitutes aserious risk for animal and public health,such a person or operator shall immediately inform the Minister evenif it is intended that the consignment be destroyed.(2) Having verified the information received under paragraph (1) ofthis Regulation, the Minister shall, in the case of a contaminatedconsignment, ensure that all the necessary measures are taken toprevent the consignment, from being used in animal nutrition.(3) Where a contaminated consignment of a feed material orfeedingstuff is to be destroyed, the Minister shall require that itis destroyed in a manner which cannot have harmful effects onpublic or animal health, or on the environment.

REG 11

11. (1) Where a person has on his premises any feedingstuff whichhe has purchased and which he proposes to use in the course ofhis farming operations, he may apply to the Minister to have asample thereof taken for analysis.(2) An application under this Regulation shall be -(a) made within the period of sixty days beginning on the date onwhich the feedingstuff to which the application relates was deliveredto the applicant, and(b) accompanied by a fee which shall be calculated by reference tothe rates in the Third Schedule to these Regulations.(3) Where an application is made under this Regulation, anauthorised officer shall, subject to paragraph (4) of this Regulation-(a) take and deal with a sample of the relevant feedingstuffaccording to the methods described in the Annex to CommissionDirective 76/371/EEC1, and1O.J. No. L 102, 15. 4. 1976, p. 1(b) give or cause to be given, or send by registered post or bysuch other method as for the time being stands approved of for thepurpose of this paragraph by the Minister, to the State Chemist andto the person whose name or trade name appears on the label ofthe feedingstuff or, in the case of an imported feedingstuff, tothe importer, samples prepared pursuant to the requirements ofsubparagraph (a) of this paragraph.(4) Where an application is made under this Regulation, anauthorised officer may, if he thinks fit, decline to take a sampleif -(a) he is not satisfied that the applicant has purchased thefeedingstuff to which the application relates, or(b) he is not satisfied that the applicant proposes to use suchfeedingstuff in the course of his farming operations, or(c) he is not satisfied that such feedingstuff as presented forsampling is fairly representative of the feedingstuff as delivered tothe applicant, or

(d) the applicant does not furnish such information relating, tosuch feedingstuff as the authorised officer may reasonably require.(5) Where the State Chemist receives a sample taken in pursuance ofan application under this Regulation, he shall, in making ananalysis thereof, comply with any official method of analysis asapplies in the particular case and send to the applicant and tothe person (other than the State Chemist) referred to in paragraph(3)(b) of this Regulation a certificate in the form set out in theSchedule to the European Communities (Feedingstuffs) (Method ofAnalysis (Amendment) and Methods of Sampling) Regulations, 1980 (S.I.No. 14 of 1980).(6) Subject to paragraph (7) of this Regulation, all fees underthis Regulation shall be paid into or disposed of for the benefitof the Exchequer in accordance with the directions of the Ministerfor Finance and, accordingly, the Public Offices Fees Act, 1879,shall not apply in respect thereof.(7) Nothing in this Regulation shall be construed as requiring theState Chemist to make a test, examination or analysis regarding thepresence in or absence from a sample, given or sent to himpursuant to these Regulations of any particular substance, product orother thing, if in his opinion there is not in relation to suchpresence or absence a method of testing, examination or analysiswhich is sufficiently reliable or if there is not available to theState Chemist the apparatus or other means by which such a test,examination or analysis could be made.(8) In any case in which he considers it proper so to do (notbeing a case in which the applicant has received a certificateunder this Regulation). the Minister may refund a fee paid inrelation to an application under this Regulation.(9) for the purpose of this Regulation a feedingstuff shall not beregarded as having been delivered to a purchaser until it arrivesat the destination to which it is consigned whether the consignmentis by direction of the supplier or the purchaser.

REG 12

12. (1) The Minister may appoint persons to be authorised officersfor the purpose of these Regulations and may revoke suchappointment.(2) An authorised officer shall be furnished with a warrant of hisappointment and when visiting any premises to which these Regulationsapply shall, if so required, produce the warrant to the occupier orany other person holding a responsible position of management at thepremises.

REG 13

13. (1) Subject to paragraph (6) of this Regulation, an authorisedofficer may at all reasonable times enter,(a) any premises in which he has reasonable grounds for believingthat,

(i) feedingstuffs and feed materials are being manufactured, put intocirculation or stored for putting into circulation, or(ii) feedingstuffs and feed materials which have been landed orotherwise brought into the State are kept,(b) any railway wagon, vehicle, ship, vessel or aircraft in whichhe has reasonable grounds for believing that feedingstuffs and feedmaterials are being either transported for putting into circulationor kept for the purposes of such transport or for use in feedinganimals.and there or at any other place,(c) make such examinations, tests and inspections, and(d) take such samples of any feedingstuff, feed material or anyother substance which he reasonably believes may be used to feedanimals and which he finds in the course of his inspection, as hemay consider appropriate for the purpose of these Regulations andthe Directive.(2) Every person who has on any premises any feedingstuffs or feedmaterials shall at all reasonable times -(a) afford to an authorised officer such facilities and assistanceas are reasonably necessary for an inspection and taking of samplespursuant to these Regulations or for such an inspection or for sucha taking,(b) give an authorised officer any document relating to thefeedingstuffs or feed materials which the authorised officer mayreasonably require and permit the authorised officer to inspect andtake extracts from such document.(3) In addition to the foregoing, any person who carries on thebusiness of manufacturing, packaging, processing or putting intocirculation of feedingstuffs or feed materials shall,(a) keep records of his transactions regarding feedingstuffs or feedmaterials,(b) produce, at the request of an authorised officer, any suchrecords or any books or other documents relating to the saidbusiness which are in the possession or under the control of theperson carrying on such business,(c) permit any authorised officer to inspect and take extracts fromsuch records, books or other documents and give to the authorisedofficer any information which he may reasonably require in relationto any entries therein,(d) afford to any authorised officer such facilities and assistanceas are reasonably necessary for inspecting the stock of anyfeedingstuffs or feed materials on any premises on which such personcarries on such a business,(e) give to an authorised officer any information he may reasonablyrequire in relation to such transactions including, in particular,information which he may reasonably require regarding any feedingstuffor feed material specified by him, whether imported from otherMember States or from third countries.(4) An importer shall notify the Minister if he intends to importany of the materials specified in Part I of the Second Schedule tothese Regulations and shall provide the Minister with information

concerning the date of arrival and place of entry into the Stateof such materials.(5) In any proceedings for an offence under these Regulations,evidence of the result of any test, examination or analysis of, orof any report on, a sample taken under these Regulations may begiven if, and only if, it is proved that -(a) the sample was taken and dealt with in accordance with themethods described in the Annex to Commission Directive 76/371/EEC(1),1O.J. No. L 102, 15. 4. 1976, p. 1(b) before the proceedings were instituted one of the final samplesprepared pursuant to the requirements of the said Annex was givenor caused to be given to the defendant and to the State Chemistor sent or given to them by registered post or by such othermethod as stands approved of for the purposes of paragraphs (3)(b)of Regulation 11 of these Regulations by the Minister, and(c) the test, examination or analysis was carried out in accordancewith such official method of analysis as applied in the particularcase.(6) Nothing in this Regulation shall be construed as enabling anauthorised officer to enter a dwelling.

REG 14

14. Where an authorised officer is satisfied that a feedingstuff orfeed material which is put into circulation, or which he believeswill be put into circulation, does not comply with any one or moreof the requirements of these Regulations, he may require either orboth of the following persons, namely, the person who appears tohim to have for the time being possession or control of thefeedingstuff or feed material and the person whose name or tradename appears on the label of the feedingstuff or feed material totake such steps as are necessary to ensure that it does notcontinue to be put into circulation, or, as may be appropriate, isnot put into circulation until such authorised officer is satisfiedthat the requirement is complied with.

REG 15

15. Where a sample of a feedingstuff or a feed material is takenpursuant to these Regulations by an authorised officer, a personshall not move the feed material or feedingstuff, as the case maybe, during the period of fourteen working days immediately followingthe day on which the sample is taken, without the consent of anauthorised officer and, where a consent under this Regulation isgiven, a person shall not move the feed material or feedingstuffconcerned other than in accordance with the terms and conditions ofthe consent.

REG 16

16. (1) Where a sample of a feed material or feedingstuff is takenpursuant to these Regulations by an authorised officer and is foundon official examination not to comply with a requirement of theseRegulations, then the Minister may require that the feed material orfeedingstuff shall be destroyed or otherwise disposed of in suchmanner as the Minister shall determine.(2) In case the Minister makes a requirement under this Regulationthe following provision shall apply:(a) he shall inform in writing of the requirement the person whois in possession or control of the feed material or feedingstuff towhich the requirement relates,(b) where such person is so informed, pending the disposal of suchfeed material or feedingstuff in accordance with the saidrequirement, the feed material or feedingstuff shall be moved onlywith the consent of an authorised officer, and(c) the person in such possession or control shall dispose of thefeed material or feedingstuff, or cause or permit it to be disposedof, only in accordance with the requirement.

REG 17

17. (1) Any person who -(a) contravenes Regulations 3, 4, 5, 6, 7, 8, 9, 10(1), 13(2),13)(3), 13(4), or 15 of these Regulations, or(b) obstructs or interferes with an authorised officer in the courseof exercising a power conferred on him by Regulation 13 of theseRegulations, or(c) fraudulently tampers with any feed material or feedingstuff soas to procure that any sample of it taken pursuant to theseRegulations does not correctly represent the feed material orfeedingstuff, or(d) tampers or interferes with any sample taken pursuant to theseRegulations, or(e) fails to comply with a requirement of an authorised officerpursuant to Regulation 14 or Regulation 15 of these Regulations orof the Minister pursuant to Regulation 10(3) or Regulation 16 ofthese Regulations shall be guilty of an offence.(2) Any person guilty of an offence under these Regulations shallbe liable on summary conviction to a fine not exceeding £1,000, or,at the discretion of the Court, to imprisonment for a term notexceeding 12 months.(3) Where an offence under these Regulations is committed by a bodycorporate and is proved to have been so committed with the consentor connivance of, or to be attributable to any neglect on the partof, a director, manager, secretary or other officer of that bodycorporate or any person purporting to act in such capacity, thatperson shall be guilty of an offence and shall be liable to beproceeded against as if he had been guilty of the offence.

REG 18

18. An offence under these Regulations may be prosecuted by theMinister.

REG 19

19. In any proceeding for an offence under these Regulations inwhich it is proved that the feedingstuff to which the proceedingsrelate did not comply with the requirements of Regulation 4 ofthese Regulations. in respect of a feedingstuff, it shall be adefence for the defendant to prove that he did not know that thefeedingstuff failed so to comply and that, having regard to themanner in which he acquired the feeding stuff, it would have beenreasonable for him, in the circumstances of the case, to assumethat the feedingstuff was one which complied with the saidRegulation 4.

REG 20

20. The European Communities (Feedingstuffs) (Tolerances of UndesirableSubstances and Products) Regulations, 1989 (S.I. No. 216 of 1989),the European Communities (Feedingstuffs) (Tolerances of UndesirableSubstances and Products) (Amendment) Regulations, 1991 (S.I. No. 241of 1991), the European Communities (Feedingstuffs) (Tolerances ofUndesirable Substances and Products) (Amendment) Regulations, 1993(S.I. No. 86 of 1993), the European Communities (Feedingstuffs)(Tolerances of Undesirable Substances and Products) (Amendment)Regulations, 1994 (S.I. No. 34 of 1994), the European Communities(Feedingstuffs) (Tolerances of Undesirable Substances and Products)(Amendment) Regulations, 1995 (S.I. No. 73) of 1995), and theEuropean Communities (Feedingstuffs) (Tolerances of UndesirableSubstances and Products) (Amendment) Regulations, 1996 (S.I. No. 275of 1996) are hereby revoked.

SECOND SCHEDULE

"FIRST SCHEDULE

Substances, productsFeeding stuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%A. Substances(ions or elements)1. ArsenicFeed materials with the exception of:2—meal made from grass, dried lucerne, dried clover, dried sugar beetpulp and dried molassed sugar beet pulp4— phosphates andfeedingstuffs obtained from the processing of fish or other marineanimals10Complete feedingstuffs with the exception of:2— completefeedingstuffs for fish4Complementary feedingstuffs with the exceptionof:4— mineral feedingstuffs122. LeadFeed materials with the exceptionof:10— green fodder40— phosphates30— yeast5Completefeedingstuffs5Complementary feedingstuffs with the exception of:10—mineral feedingstuffs303. FluorineFeed materials with the exception

of:150— feedingstuffs of animal origin500— phosphate2000Completefeedingstuffs with the exception of:150— complete feedingstuffs forcattle, sheep and goats— in milk30Substances, productsFeeding stuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%— other50—complete feedingstuffs for pigs100— complete feedingstuffs forpoultry350— complete feedingstuffs for chicks250Mineral mixtures forcattle, sheep and goats1251Other complementary feedingstuffs12514.MercuryFeed materials with the exception of:0.1— feedingstuffs producedby the processing of fish or other marine animals0.5Completefeedingstuffs with the exception of:0.1— complete feedingstuffs fordogs and cats0.4Complementary feedingstuffs (with the exception ofcomplementary feeding stuffs for dogs and cats)0.25. NitritesFishmeal60(expressed as sodium nitrite)Complete feedingstuffs with theexception of:15(expressed as sodium nitrite)— feedingstuffs intendedfor pet animals except birds and aquarium fish6. CadmiumFeedmaterials of vegetable origin1Feed materials of animal origin (withthe exception of feedingstuffs for pet animals)2Phosphates0.51Completefeedingstuffs for cattle, sheep and goats (with the exception ofcomplete feeding stuffs for calves, lambs and kids)1Other completefeedingstuffs (with the exception of feeding stuffs for petanimals)0.5Mineral feedingstuffs0.7511 Expressed as mg per 1% phosphorus.

Substances, productsFeeding stuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%Othercomplementary feedingstuffs for cattle sheep and goats0.5Substances, productsFeeding stuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%B. Products1.Aflatoxin B1Feed materials with the exception of:0.05— groundnut,copra, palm-kernel, cottonseed, babassu, maize and products derivedfrom the processing thereof0.02Complete feedingstuffs for cattle, sheepand goats with the exception of:0.05— dairy cattle0.005— calves andlambs0.01Complete feeding-stuffs for pigs and poultry (except younganimals)0.02Other complete feedingstuffs0.01Complementary feedingstuffsfor cattle, sheep and goats (with the exception of complementaryfeeding stuffs for dairy animals, calves and lambs)0.05Complementaryfeedingstuffs for pigs and poultry (with the exception of younganimals)0.03Other complementary feedingstuffs0.0052. Hydrocyanic acidFeedmaterials except:50— linseed250— linseed cakes350— manioc products andalmond cakes100Complete feedingstuffs except:50— complete feedingstuffsfor chicks103. Free gossypolFeed materials with the exception of:20—cotton seed cakes1200Complete feedingstuffs with the exception of:20—complete feedingstuffs for cattle, sheep and goats500— poultry (exceptlaying hens) and calves100— rabbits, pigs (except piglets)60Substances productsFeeding stuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%4.TheobromineComplete feedingstuffs with the exception of:300— completefeedingstuffs for adult cattle7005. Volatile mustard oilFeed materialswith the exception of:100(expressed as allylisothiocyanate)— rape seedcakes4000(expressed allylisothiocyanate)Complete feedingstuffs with the

exception of:150(expressed as allylisothiocyanate)— completefeedingstuffs for cattle, sheep and goats (except younganimals)1000(expressed as allylisothiocyanate)— complete feedingstuffsfor pigs (except piglets) and poultry500(expressed asallylisothiocyanate)6. Vinylthiooxazolidone (Vinylixazolidinethione)Complete feedingstuffs for poultry with the exception of:1000—complete feedingstuffs for laying hens5007. Rye Ergot (Clavicepspurpurea)All feedingstuffs containing unground cereals10008. Weeds seedsand unground and uncrushed fruit containing alkaloids, glucosides orother toxic substances seperately or in combination including:Allfeedingstuffs3000(a)Lolium temulentum L.,1000(b)Lolium remotumSchrank.,1000(c)Datura stramonium L.10009. Castor oil plantAllfeedingstuffs10(Recinus communis)(expressed in terms of castor-oil planthusks)Substances, productsFeeding stuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%10. Crotalariaspp.All feedingstuffs10011. Dioxin (sum of PCDD and PCDF), expressedin international toxic equivalentsCitrus pulp500 pg 1 - TEQ/kg (upperbound detection limit)(1)1 Upper bound concentrations are calculated assuming that all valuesof the different congeners less than the limit of detection areequal to the limit of detection.

Substances, productsFeedingstuffsMaximum content in mg/kg (ppm) offeeding stuffs referred to a moisture content of 12%C. Botanicalimpurities1. ApricotAll feedingstuffsSeeds and fruit of the plantspecies listed oposite as well as their processed derivatives mayonly be present in feeding stuffs in trace amounts notquantitatively determinable Prunus armeniacaL.2. Bitter almondAllfeedingstuffsSeeds and fruit of the plant species listed oposite aswell as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable Prunusdulcis(Mill.) D.A. Webb var. amara(D.C.) Focke(=Prunus amygdalusBatschvar. amara (D.C.) Focke3. Unhusked beech mastAll feedingstuffsSeedsand fruit of the plant species listed oposite as well as theirprocessed derivatives may only be present in feeding stuffs in traceamounts not quantitatively determinableFagus sivaltica L.4. CamelinaAllfeedingstuffsSeeds and fruit of the plant species listed oposite aswell as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable Camelinasativa(L.) Crantz5. Mowrah, bassia, madhucaAll feedingstuffsSeeds andfruit of the plant species listed oposite as well as theirprocessed derivatives may only be present in feeding stuffs in traceamounts not quantitatively determinable Madhuca ligifolia(L.) Macbr. (=Bassia longifoliaL. = Illipe malabrorumEngl.) Madhuca indicaGmelin(=Bassia latifoliaRoxb. = Illipe latifolia(Roxb.) F. Mueller)6.PurgheraAll feedingstuffsSeeds and fruit of the plant species listedoposite as well as their processed derivatives may only be presentin feeding stuffs in trace amounts not quantitatively determinableJatropha curcasL.7. CrotonAll feedingstuffsSeeds and fruit of theplant species listed oposite as well as their processed derivatives

may only be present in feeding stuffs in trace amounts notquantitatively determinable Croton tigliumL.8. Indian mustardAllfeedingstuffsSeeds and fruit of the plant species listed oposite aswell as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable Brassicajuncea(L.) Czern, and Coss. ssp. integrifolia(West.) Thell9. SareptianmustardAll feedingstuffsSeeds and fruit of the plant species listedoposite as well as their processed derivatives may only be presentin feeding stuffs in trace amounts not quantitatively determinableBrassica juncea(L.) Czern, and Coss. ssp. juncea10. Chinese mustardAllfeedingstuffsSeeds and fruit of the plant species listed oposite aswell as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable Brassicajuncea(L.) Czern, and Coss. ssp. junceavar. IuteaBatalin11. BlackmustardAll feedingstuffsSeeds and fruit of the plant species listedoposite as well as their processed derivatives may only be presentin feeding stuffs in trace amounts not quantitatively determinableBrassica nigra(L.) Koch12. Ethiopian mustardAll feedingstuffsSeeds andfruit of the plant species listed oposite as well as theirprocessed derivatives may only be present in feeding stuffs in traceamounts not quantitatively determinable Brassica carinata A. BraunSECOND SCHEDULEPART I(Regulation 7)

Substances, productsFeed materialsMaximum content in mg/kg (ppm)relative to feed materials with a moisture content of 12%1.Aflatoxin B1Groundnut, copra, palm-kernel, cotton seed, babassu, maize,and products derived from the processing thereof0.22.CadmiumPhosphates0.513. ArsenicPhosphates204. Dioxin (sum of PCDD andPCDF), expressed in international toxic equivalentsCitrus Pulp500 pg 1- TEQ/kg(upper bound detection limit)21 Expressed as mg per 1% phosphorus.2 Upper bound concentrations are calculated assuming that all valuesof the different congeners less than the limit of detection areequal to the limit of detection.PART II(Regulation 8)

Substances, productsFeed materials12A. Substances (ions or elements)1.ArsenicAll feed materials with the exception of:— phosphates2. LeadAllfeed materials3. FluorineAll feed materials4. MercuryAll feedmaterials5. NitritesFish meal

Substances, productsFeed materials126. CadmiumAll feed materials ofvegetable originAll feed materials of animal origin with theexception of:— feed materials for pet animals

Substances, productsFeed materials12B. Products1. Aflatoxin B1All feedmaterials with the exception of:— Groundnut, copra, palm-kernel,

cotton seed, babassu, maize, and products derived from the processingthereof.2. Hydrocyanic acidAll feed materials3. Free gessypolAll feedmaterials4. Volatile mustard oilAll feed materials5. Rye ergotUngroundcereals(Claviceps purpurea)6. Weeds seeds and unground and uncrushedfruit containing alkaloids, glucosides or other toxic substancesseparately or in combination including:All feed materials(a) LoliumtemulentunL.,(b) Lolium remotum Schrank.,(c) Datura stramoniumL.7.Castor oil plantAll feed materials(Recinus communis)8. Crotalariaspp.Allfeed materialsSubstances, productsFeed materials12C. Botanical impurities1. ApricotAllfeed materialsPrunus armeniaca L.2. Bitter almondAll feedmaterialsPrunus dulcis(Mill.) D.A. Webb var. amara(DC.) Focke(= PrunusamygdalusBatsch var. amara (D.C.) Focke)3. Unhusked beech mastAll feedmaterialsFagus sivaltica L.4. CamelinaAll feed materialsCamelinasativa(L.) Crantz5. Mowrah, bassia, madhucaAll feed materialsMadhucaligifolia (L.) Macbr.(= Bassia longifoliaL. = IllipemalabrorumEngl.)Madhuca indicaGmelin(= Bassia latifoliaRoscb. = Illipelatifolia(Roscb.) F. Mueller)6. PurgheraAll feed materialsJatrophacurcasL.7. CrotonAll feed materialsCroton tigliumL.8. Indian mustardAllfeed materialsBrassica juncea (L.) Czern, and Coss. ssp. integrifolia(West.) Thell9. Sareptian mustardAll feed materialsBrassica juncea (L.)Czern, and Coss. ssp. juncea10. Chinese mustardAll feedmaterialsBrassica juncea(L.) Czern, and Coss. ssp.junceavar,luteaBatalin11. Black mustardAll feed materialsBrassicanigra(L.) Koch12. Ethiopian mustardAll feed materialsBrassica carinataA.BraunTHIRD SCHEDULEFees referred to in Regulation 11(2)(b)The fee payable in respect of analysis for undesirable substancesand products in feedingstuffs shall be calculated at the rate of£15 per hourGiven under my Official seal, this 7th day of August, 1998Joe WalshMinister for Agriculture and Food

EXPLANATORY NOTE

These Regulations, which control the content of undesirable substancesand products in feedingstuffs and feed materials, consolidate existinglegislation and implement additional amendments to Council Directive74/63/EEC. The Regulations revoke the European Communities (FeedingStuffs) (Tolerances of Undesirable Substances and Products)Regulations, 1989 to 1996