Statutory Instruments of the Scottish Parliament

⁽¹⁾ Maximum levels refer to an analytical determination of this substance, whereby extraction is performed in nitric acid (5% w/w) for 30 minutes at boiling temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency.

⁽²⁾ WHO-TEFs for human risk assessment based on the conclusions of the World Health Organisation meeting in Stockholm, Sweden, 15–18 June 1997 (Van den Berg et al., (1998), Toxic Equivalency Factors (TEFs) for PCBs, PCDDs and PCDFs for Humans and for Wildlife, Environmental Health Perspectives, 106(12), 775).

⁽³⁾ The separate maximum level for dioxins (PCDD/F) remains applicable for a temporary period. The products intended for animal feed mentioned in column 2 have to comply both with the maximum levels for dioxins and with the maximum levels for the sum of dioxins and dioxin-like PCBs during that temporary period.

⁽⁴⁾ Fresh fish directly delivered and used without intermediate processing for the production of feed for fur-producing animals is not subject to the maximum levels, while maximum levels of 4.0 ng WHO-PCDD/F-TEQ/kg product and 8.0 ng WHO-PCDD/F-PCB-TEQ/kg product are applicable to fresh fish used for the direct feeding of pet animals, zoo and circus animals. The products, processed animal proteins produced from these animals (fur-producing animals, pet animals and zoo and circus animals) cannot enter the food chain and cannot be fed to farmed animals which are kept, fattened or bred for the production of food.

⁽⁵⁾Maximum levels refer to an analytical determination of fluorine, whereby extraction is performed with hydrochloric acid 1 N for 20 minutes at ambient temperature. Equivalent extraction procedures can be applied where it can be demonstrated that the procedure used has an equal extraction efficiency.

⁽¹⁾ Numbering system according to Parlar, prefixed by either "CHB" or "Parlar #":

    – CHB 26: 2-endo,3-exo,5-endo, 6-exo, 8,8,10,10-octochlorobornane,

    – CHB 50: 2-endo,3-exo,5-endo, 6-exo, 8,8,9,10,10-nonachlorobornane,

    – CHB 62: 2,2,5,5,8,9,9,10,10- nonachlorobornane.

(a) Commission Directive 2005/86/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards camphechlor (O.J. No. L 318, 6.12.05, p.16);

(b) Commission Directive 2005/87/EC amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards lead, fluorine and cadmium (O.J. No. L 318, 6.12.05, p.19); and

(c) Commission Directive 2006/13/EC amending Annexes I and II to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed as regards dioxins and dioxin-like PCBs (O.J. No. L 32, 4.2.06, p.44).

The Regulations also implement a provision contained in Council Directive 79/373/EEC on the circulation of compound feedingstuffs (O.J. No. L 86, 6.4.79, p.30), as last amended by Council Regulation (EC) No. 807/2003 (O.J. No. L 122, 16.5.03, p.36). This provision relates to the limits of variation for the declaration of the moisture content of compound pet foods.

The Regulations amend the Feeding Stuffs Regulations–

(a) in Part B of Schedule 4, by inserting limits of variation for declarations of the moisture content of compound pet foods (regulation 2(2) and Schedule 1);

(b) in Chapter A of Schedule 5, by amending the existing entries for cadmium, dioxin, fluorine and lead and by adding new entries relating to the sum of dioxins and dioxin-like PCBs (regulation 2(3) and Part I of Schedule 2); and

(c) in Chapter D of Schedule 5, by amending the existing entries for camphechlor (toxaphene) (regulation 2(4) and Part II of Schedule 2).

The Regulations amend the Feed Hygiene Regulations–

(a) by inserting a new regulation 24A to give authorised officers of a feed authority powers of entry, sampling, inspection and associated activities in order to carry out the investigative functions required by Directive 2002/32/EC as amended by Commission Directive 2006/13/EC (regulation 3(2)); and

(b) by amending regulation 27(4) (which deals with disclosure of information related to sampling) so as to extend its application to sampling conducted under regulation 24A (regulation 3(3)).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations will have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.