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  5. Marketing, Labelling and Composition of Feeds Legislation

Marketing, Labelling and Composition of Feeds Legislation

Regulation 767/2009 - on the placing on the market and the use of animal feed

This principally:

  • lays down the minimum information to be provided to purchasers on feed labels;
  • introduces a procedure for applications for the authorisation of new nutritional purposes;
  • requires scientific substantiation for claims for a feed’s composition or function;
  • covers the names and descriptions to be applied to various feed materials (that is, ingredients either fed singly or included in compound (manufactured) feeds). These details are set out in the EU Catalogue of feed materials.
  • lists in Annex III certain materials whose presence in animal feed is either prohibited or restricted
  • lists in Annex IV permitted tolerances for the compositional labelling of feed materials or compound feed
  • requires the labelling of contaminated feed being sent for cleaning or detoxification to prevent its diversion back into the feed chain. Under Directive 2002/32 on Undesirable Substances the Commission may define acceptability criteria for detoxification processes (reference Section 4);
  • sets a demarcation between complementary feeds and premixtures by limiting the amount of feed additives in complementary feeds; and
  • introduces the basis for Community Codes of Practice for good labelling practice. (The EU Commission has now officially endorsed the Copa-Cogeca/FEFAC Code of Good Labelling Practice. The references to the Code of Practice have been published in the Official Journal of the European Union, Serie C 275. It has been agreed to upgrade the code as soon as the revision of the Annex VI has been completed (declaration of feed ingredients), with the introduction of examples of feed labels.)

Regulation 767/2009 also introduces a Register of feed materials which lists the names of feed materials not yet included in the Catalogue. Persons placing a feed material on the market for the first time must ensure it is placed on the Register.

Associated legislation

Commission Regulation 68/2013 introducing the second update of the EU catalogue of feed materials

  • is established under Article 24 of Regulation (EC) No 767/2009; 
  • is a non-exhaustive list of feed materials and a voluntary tool aimed at improving market transparency.

Commission Recommendation 25/2011 establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products

  • is not legally binding.

Commission Directive 2008/38 establishing a list of intended uses of animal feeds for particular nutritional purposes

  • The particular nutritional purposes for which certain feed products may be promoted and the general provisions that they each must fulfil are listed in Annex I Parts A and B.

The application of these measures in England is provided for by:-

The Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 (SI 2015 No. 255).

The Animal Feed (Hygiene, Sampling, etc. and Enforcement) (England) Regulations 2015 (SI 2015 No. 454).

Separate but parallel legislation applies in Scotland, Wales and Northern Ireland.

The FSA has provided the two documents on Regulation 767/2009:-