S.I. No. 73/1995 - European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1995.

S.I. No. 73 of 1995.

EUROPEAN COMMUNITIES (FEEDINGSTUFFS) (TOLERANCES OF UNDESIRABLE SUBSTANCES AND PRODUCTS) (AMENDMENT) REGULATIONS, 1995.

I, IVAN YATES, Minister for Agriculture, Food and Forestry, 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 Commission Directive No. 94/16/EEC of 22 April, 1994⁽¹⁾, and for the purpose of giving further effect to Council Directive 74/63/EEC of 17 December, 1973⁽²⁾, as amended, hereby make the following Regulations:

(1) These Regulations may be cited as the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) (Amendment) Regulations, 1995.

(2) The European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 to 1994 and these Regulations may be cited together as the European Communities (Feedingstuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 to 1995.

2. 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 ).

3. 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.

4. The Regulations of 1989 are hereby amended by the substitution, for the Second Schedule thereto, of the Schedule set out in the Second Schedule to these Regulations.

⁽¹⁾ O.J. No. L 104, 23.4.1994, p. 32.

⁽²⁾ O.J. No. L 38, 11.2.1974, p. 31.

FIRST SCHEDULE

"the Directive" means Council Directive No. 74/63/EEC of 17 December, 1973⁽³⁾, as amended by—

Commission Directive No. 76/14/EEC of 15 December 1975⁽⁴⁾,

Commission Directive No. 76/934/EEC of 1 December 1976⁽⁵⁾,

Council Directive No. 80/502/EEC of 6 May 1980⁽⁶⁾,

Commission Directive No. 83/381/EEC of 28 July 1983⁽⁷⁾,

Commission Directive No. 86/299/EEC of 3 June 1986⁽⁸⁾,

Council Directive No. 86/354/EEC of 21 July 1986⁽⁹⁾,

Commission Directive No. 87/238/EEC of 1 April 1987⁽¹⁰⁾,

Commission Directive No. 91/126/EEC of 13 February, 1991⁽¹¹⁾,

Commission Directive No. 92/63/EEC of 10 July, 1992⁽¹²⁾,

Council Directive No. 92/88/EEC of 26 October, 1992⁽¹³⁾, and

Commission Directive No. 94/16/EC of 22 April, 1994⁽¹⁴⁾,

³O.J. No. L 38, 11.2.1974, p. 31.

⁴O.J. No. L 4, 9.1.1976, p. 24.

⁵O.J. No. L 364, 31.12.1976, p. 20.

⁶O.J. No. L 124, 20.5.1980, p. 17.

⁷O.J. No. L 222, 13.8.1983, p. 31.

⁸OJ. No. L 189, 11.7.1986, p. 40.

⁹OJ. No. L 212, 2.8.1986, p. 27.

¹⁰O.J. No. L 110, 25.4.1987, p. 25.

¹¹O.J. No. L 60, 7.3.1991, p. 16.

¹²O.J. No. L 221, 6.8.1992, p. 49.

¹³O.J. No. L 321, 6.11.1992, p. 24.

¹⁴O.J. No. L 104, 23.4.1994, p. 32.

SECOND SCHEDULE

"FIRST SCHEDULE

Substances, products	Feedingstuffs	Maximum content in mg/kg (ppm) of feedingstuff referred to a moisture content of 12%
(1)	(2)	(3)
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 with the exception of:	2
	— complete feedingstuffs for fish	4
	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:	150
	— complete feedingstuffs for cattle, sheep and goats,
	— in milk	30
	— other	50
	— complete feedingstuffs for pigs	100
	— complete feedingstuffs forpoultry	350
	— complete feedingstuffs for chicks	250
	Complementary feedingstuffs with the exception of:	125(¹⁶)
	— 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⁽¹⁷⁾
	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⁽¹⁷⁾
	Other complementary feedingstuffs for cattle, sheep and goats	0.5

⁽¹⁶⁾ Fluorine content per percentage point phosphorus in the feedingstuff.

⁽¹⁷⁾ Cadmium content per percentage point phosphorus in the feedingstuff.

Substances, products	Feedingstuffs		Maximum content in mg/kg (ppm) of feedingstuff referred to a moisture content of 12%
(1)	(2)		(3)
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 theexception 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 feedingstuff 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. Vinylthiooxazolidone (Vinyloxazolidine thione)	Complete feedingstuffs for poultry with the exceptionof:		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 silva tica L.
4. Camelina— Came-lina sativa (L.) Crantz
5. Mowrah, bassia, madhuca— Mad-huca 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 Batatin
11. Black mustard—Brassica nigra (L.) Koch
12. Ethiopian mustard — Brassica carinata A. Braun

GIVEN under my Official Seal, this 3rd day of April, 1995.

IVAN YATES,

Minister for Agriculture, Food

and Forestry.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Feeding Stuffs) (Tolerances of Undesirable Substances and Products) Regulations, 1989 so as to give effect to Commission Directive No. 94/16/EC, of 22 April, 1994 which amends the maximum permitted levels for arsenic in complete feedingstuffs for fish.