18 Jun 2020

Marketing, Labelling and Composition of Feeds Legislation

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

See 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 in Annex VIII 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 GB market for the first time must ensure it is placed on the GB Register which is published by the representatives of the UK feed business sectors and updated on a regular basis.

The GB Register will not be published immediately as both industry partners and regulators have agreed that the contents should be reviewed prior to publication. However, it is possible for businesses to access, and complete, a Notification Form via the link on the home page of the website:- https://gbfeedmaterialsregister.org.uk

If a UK based business wishes to place new feed materials on the Northern Ireland market they will need to notify to the EU Register.

Persons wishing to place a feed material on the EU market for the first time must ensure it is placed on the EU Register. A link to the EU Register of Feed Materials is at the bottom of this entry.

Associated legislation

Commission Regulation 2017/1017 introducing the third 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 Regulation 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes, repeals Directive 2008/38/EC and will apply from 25 December 2020.

  • 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.