S.I. No. 241/1991 - European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1991.

S.I. No. 241 of 1991.

EUROPEAN COMMUNITIES (FEEDING STUFFS) (TOLERANCES OF UNDESIRABLE SUBSTANCES AND PRODUCTS) (AMENDMENT) REGULATIONS, 1991.

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. 72 of 1972), and for the purpose of giving effect to Commission Directive No. 91/126/EEC of 13 February, 1991¹, and for the purpose of giving further effect to Council Directive 74/63/EEC of 17 December, 1973², as amended, hereby make the following Regulations:

¹O.J. No. L60, 7.3.1991, p16.

²O.J. No. L38, 11.2.1974, p31.

1. (1) These Regulations may be cited as the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1991.

(2) The European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 and these Regulations may be cited together as the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 and 1991.

2. These Regulations shall come into operation on the 1st day of October, 1991.

3. In these Regulations "the Regulations of 1989" means the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 ( S.I. No. 216 of 1989 ).

4. Regulation 2 (1) of the Regulations of 1989 is hereby amended by the substitution, for the definition of "the Directive", of the definition set out in the First Schedule to these Regulations.

5. The Regulations of 1989 are hereby amended by the substitution:—

( a ) for the First Schedule thereto, of the Schedule set out in the Second Schedule to these Regulations,

( b ) for the Third Schedule thereto, of the Schedule set out in the Third Schedule to these Regulations.

FIRST SCHEDULE

"the Directive" means Council Directive No. 74/63/EEC of 17 December, 1973¹, as amended by—

¹ O.J. No. L38, 11.2.1974, p31.

Commission Directive No. 76/14/EEC of 15 December, 1975²,

² O.J. No. L4, 9.1.1976, p24.

Commission Directive No. 76/934/EEC of 1 December, 1976³,

³ O.J. No. L364, 31.12.1976, p20.

Council Directive No. 80/502/EEC of 6 May, 1980⁴,

⁴ O.J. No. L124, 20.5.1980, p l7.

Commission Directive No. 83/381/EEC of 28 July, 1983⁵,

⁵ O.J. No. L222, 13.8.1983, p31.

Commission Directive No. 86/299/EEC of 3 June, 1986⁶,

⁶ O.J. No. L189, 11.7.1986, p40. "

Council Directive No. 86/354/EEC of 21 July, 1986⁷,

⁷ O.J. No. L212, 2.8.1986, p27. "

Commission Directive No. 87/238/EEC of 1 April, 1987⁸ and

⁸ O.J. No. L110, 25.4.1987, p25. "

Commission Directive No. 91/126/EEC of 13 February, 1991⁹.

⁹ O.J. No. L60, 7.3.1991, p16.

SECOND SCHEDULE

"FIRST SCHEDULE

Substances, products	Feedingstuffs		Maximum content in mg/kg (ppm) of feedingstuff referred to a moisture content of 12%
A. Substances (ions or elements)
1. Arsenic	Straight feedingstuffs with the exception of:		2
	— meal made from grass, from dried lucerne and from dried clover and dried sugar beet pulp and dried molassed sugar beet pulp		4
	— phosphates and feedingstuffs obtained from the processing of fish or other marine animals		10
	Complete feedingstuffs		2
	Complementary
	feedingstuffs with the exception of:		4
	— mineral feedingstuffs		12
2. Lead	Straight feedingstuffs with the exception of:		10
	— green fodder		40
	— phosphates		30
	— yeasts		5
	Complete feedingstuffs		5
	Complementary
	feedingstuffs with the exception of:		10
	— mineral feedingstuffs		30
3. Fluorine	Straight feedingstuffs with the exception of:		150
	— feedingstuffs of animal origin		500
	— Phosphates		2,000
	Complete feedingstuffs with the exception of:
	— complete feedingstuffs for cattle, sheep and goats,
	— in milk		30
	— other		50
	— complete feedingstuffs for pigs		100
	— complete feedingstuffs for poultry		350
	— complete feedingstuffs for chicks		250
	Complementary feedingstuffs with the exception of:		125⁽¹⁾
	— mineral feedingstuffs for cattle, sheep and goats		2,000
4. Mercury	Straight feedingstuffs with the exception of:		0.1
	— feedingstuffs produced by the processing of fish or other marine animals		0.5
	Complete feedingstuffs with the exception of:		0.1
	— complete feedingstuffs for dogs and cats		0.4
	Complementary feedingstuffs (with the exception of complementary feedingstuffs for dogs and cats)		0.2
5. Nitrites	Fish Meal		60 (expressed as sodium nitrite)
	Complete feedingstuffs (with the exception of feedingstuffs for pets other than birds and aquarium fish)		15 (expressed as sodium nitrite)
6. Cadmium	Straight feedingstuffs of vegetable origin		1
	Straight feedingstuffs of animal origin (with the exception of feedingstuffs for pets)		2
	Phosphates		0.5(2)
	Complete feedingstuffs for cattle, sheep and goats (with the exception of complete feedingstuffs for calves, lambs and kids)		1
	Other complete feedingstuffs (with the exception of feedingstuffs for pets)		0.5
	Mineral feedingstuffs		0.75(2)
	Other complementary feedingstuffs for cattle, sheep and goats		0.5
1 Flourine content per percentage point phosphorus in the feedingstuff.
2 Cadium content per percentage point phosphorus in the feedingstuff.
B. Products
1. Aflatoxin B₁	Straight feedingstuffs with the exception of:		0.05
	— Groundnut, copra, palmkernel, cotton seed, babassu, maize and products derived from the processing thereof		0.02
	Complete feedingstuffs for cattle, sheep and goats (with the exception of complete feedingstuffs for dairy cattle, calves and lambs)		0.05
	Complete feedingstuffs for pigs and poultry with the exception of complete feedingstuffs for young animals)		0.02
	Other complete feedingstuffs		0.01
	Complementary
	feedingstuffs for cattle, sheep and goats (with the exception of complementary feedingstuffs for dairy animals, calves and lambs)		0.05
	Complementary feedingstuffs for pigs and poultry (with the exception of complementary feedingstuffs for young animals)		0.03
	Other complementary feedingstuffs		0.005
2. Hydrocyanic acid	Straight feedingstuffs with the exception of:		50
	— linseed		250
	— linseed cakes		350
	— manioc products and almond cakes		100
	Complete feedingstuffs with the exception of:		50
	— complete feedingstuffs for chicks		10
3. Free Gossypol	Straight feedingstuffs with the exception of:		20
	— cotton seed cakes		1,200
	Complete feedingstuffs with the exception of:		20
	— complete feedingstuffs for cattle, sheep and goats		500
	— complete feedingstuffs for poultry (other than laying hens) and calves		100
	— complete feedingstuffs for rabbits and pigs (other than piglets)		60
4. Theobromine	Complete feedingstuffs with the exception of:		300
	— complete feedingstuffs for adult cattle		700
5. Volatile mustard oil	Straight feedingstuffs with the exception of:		100
	— rape seed cakes		4,000 (expressed as allyl isothiocyanate)
	Complete feedingstuffs with the exception of:			150 (expressed as allyl isothiocyanate)
	— complete feedingstuffs for cattle, sheep and goats (other than young animals)		1,000 (expressed as allyl isothiocyanate)
	— complete feedingstuffs for pigs (other than piglets) and poultry		500 (expressed as allyl isothiocyanate)
6. Vinyl-thiooxazolidone (Vinyloxazolidine thione)	Complete feedingstuffs for poultry, with the exception of:		1,000
	— complete feedingstuffs for laying hens		500
7. Rye Ergot (Claviceps purpurea)	All feedingstuffs containing unground cereals		1,000
8. Weed seeds and unground and uncrushed fruit containing alkaloids, glucoside or other toxic substances separately or in combination including	All feedingstuffs		3,000
(a) Lolium temulentum L.,			1,000
(b) Lolium remotum Schrank			1,000
(c) Datura stramonium L.			1,000
9. Castor oil plant —Ricinus communis L.	All feedingstuffs		10 (expressed in terms of castor oil plant husks)
10. Crotalaria spp.	All feedingstuffs		100
C. Botanical impurities 1.Apricot—Prunus armeniaca L. 2. Bitter almond — Prunus dulcis (Mill.) D.A. Webb var. amara (DC.) Focke (=Prunus amygdalus Batsch var. amara (DC.) Focke) 3. Unhusked beech mast — Fagus silvatica L. 4. Camelina — Camelina sativa (L.) Crantz 5. Mowrah, bassia, madhuca — Madhuca longifolia (L.) Macbr. (= Bassia longifolia L. = Illipe malabrorum Engl.) Madhuca indica Gmelin (=Bassia latifolia Roxb. = Illipe latifolia (Roxb.) F. Mueller)		All Feedingstuffs		Seeds and fruit of the plant species listed opposite as well as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable.
6. Purghera— Jatropha curcas L. 7. Croton — Croton tiglium L. 8. Indian mustard— Brassica juncea (L.) Czern. and Coss. ssp. integrifolia (West.) Thell 9. Sareptian mustard — Brassica juncea (L.) Czern. and Coss. spp. juncea 10. Chinese mustard — Brassica juncea (L.) Czern. and Coss. ssp. juncea var. lutea Batalin 11. Black mustard— Brassica nigra (L.) Koch 12. Ethiopian mustard — Brassica carinata A. Braun		All Feedingstuffs		Seeds and fruit of the plant species listed opposite as well as their processed derivatives may only be present in feedingstuffs in trace amounts not quantitatively determinable.

THIRD SCHEDULE

"THIRD SCHEDULE

Fees referred to in regulation 9 (2) (b)

The fee payable in respect of analysis for undesirable substances and products in feedingstuffs shall be calculated at the rate of £10.00 per hour.

GIVEN under my Official Seal, this 18th day of September, 1991.

MICHAEL O'KENNEDY, T.D.

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 so as to—

(1) give effect to Commission Directive No. 91/126/EEC of 13 February, 1991 which amends the maximum permitted levels for aflatoxin B₁ in certain straight and complementary feedingstuffs

(2) amend the fees payable in respect of analysis for undesirable substances and products in feedingstuffs.