Key Benefits:
316. Regulation of the Federal Minister for Agriculture, Forestry, Environment and Water Management, laying down provisions for the implementation of the Feed Act 1999 (Feed Regulation 2010)
Pursuant to Sections 4, 5 (2), 6 (2), 7 (2), 11 (2), 12 (2) and (3), 13 (2), 16 (6), 17 (2) and (19) (2) of the Feed Act 1999-FMG 1999, BGBl. I n ° 139, as last amended by the Federal Law BGBl. I No 87/2005 and the Federal Ministries of the Federal Ministries of Law 2009, BGBl. I n ° 3, shall be assigned in agreement with the Federal Minister for Health and the Federal Minister for Finance:
table of contents
1. Section: General provisions |
|
§ 1 |
Definitions |
§ 2 |
General requirements |
§ 3 |
Labelling and packaging |
§ 4 |
Maximum levels of undesirable substances and pesticide residues |
§ 5 |
Import |
§ 6 |
Reference and use of feedingstuffs, premixtures and additives |
Section 2: Approval and registration of establishments |
|
§ 7 |
Authorisation |
§ 8 |
Registration |
§ 9 |
Registration of agricultural holdings |
3. Section: Feed control |
|
§ 10 |
Control of the placing on the market and manufacture |
§ 11 |
Import Control |
§ 12 |
Information requirements and action plan |
§ 13 |
Objection and arrangement of measures |
§ 14 |
Sampling and analysis methods |
§ 15 |
Training and further training of supervisory bodies |
Section 4: Final provisions |
|
§ 16 |
entry into force |
§ 17 |
References to legislation |
Annex |
Estimation equations for calculation of energy content |
Section 1
General provisions
Definitions
§ 1. (1) For the purposes of this Regulation:
1 |
"feed business operator" means any natural or legal person referred to in Regulation (EC) No 767/2009 concerning the placing on the market and use of feed, OJ L 327, 31.12.2009, p. No. 1 for the production, processing, storage, transport or placing on the market of feedingstuffs, premixes or additives; |
|||||||||
2. |
"Undesirable substances" means the undesirable substances listed in Annex I to Directive 2002/32/EC on undesirable substances in animal nutrition, OJ L 80, 23.3.2002, p. No. 10, enumerated substances which may be contained in feedingstuffs and which may have adverse effects on animal or human health. |
(2) As far as paragraph 1 is no more detailed, the definitions of the relevant EU legislation on feed and food law, in particular Regulations (EC) No 767/2009, No 1831/2003 concerning additives for use in the Animal nutrition, OJ C No. 29, and No 183/2005 laying down rules on feed hygiene, OJ L 268, 18.10.2005, p. No. OJ L 35, 8.2.2005, p. 1.
General requirements
§ 2. (1) feedingstuffs, premixtures and additives may only be placed on the market and used if they are safe, unspoiled, unadulterated, appropriate and of a commercially available nature. Feedingstuffs, premixes and additives shall not have any harmful effects on animal or human health or the environment and shall not be placed on the market in a misleading manner.
(2) feedingstuffs, premixtures and additives which are placed on the market or used shall comply with the requirements of Regulations (EC) No 767/2009, No 1831/2003 and No 183/2005.
Labelling and packaging
§ 3. (1) Where information is made on the labelling of feedingstuffs pursuant to Article 13 of Regulation (EC) No 767/2009, in order to highlight special features, the person responsible for placing the feedingstuffs on the market shall have the Federal Office for Food Safety Submit a request for the necessary scientific justification.
(2) Where the labelling of feedingstuffs shall indicate the energy content, the energy content shall be determined in accordance with the Annex to be calculated.
(3) In addition to Article 23 of Regulation (EC) No 767/2009, the supply of loose compound feedingstuffs to registered middlemen is permitted provided that it serves the supply of the local market.
Maximum levels of undesirable substances and pesticide residues
§ 4. (1) Feed, premixtures and additives may only be placed on the market if the maximum levels laid down in Annex I to Directive 2002/32/EC and the maximum levels of pesticide residues laid down in Regulation (EC) No 396 /2005/EC are to be applied to maximum levels of Pesticide residues in or on food and feed of plant and animal origin, OJ L 327, 30.4.2004, p. No. OJ No L 70, 16.3.2005 p. 1.
(2) feedingstuffs, premixtures and additives which do not comply with Annex I to Directive 2002/32/EC shall not be diluted by mixing with other products. The authorities (§ 10) may order the necessary measures for detoxification.
(3) feedingstuffs containing undesirable substances shall not be fed if they pose a risk to animal or human health or the environment.
Import
§ 5. (1) The import of feedingstuffs, premixes and additives of non-animal origin shall be permitted only via the import places of Vienna Airport, Linz Airport, Buchs Station and Tisis.
The feed business operator or his representative shall communicate the arrival of the consignment at least two working days before the actual arrival to the Federal Office for Food Safety, under the submission of the import document, in accordance with EU law. The Federal Office for Food Security is responsible for carrying out and certifying the verification of documents, checks and checks and inspections in accordance with the relevant EU legislative acts.
Reference and use of feedingstuffs, premixtures and additives
§ 6. Feed business operators shall only be authorised to use and use feed from establishments, installations or other feed business operators registered or authorised.
(2) Vitamins, trace elements, carotenoids, xanthophylls, micro-organisms, enzymes and antioxidants with a fixed maximum content, as well as growth promoters and coccidiostats, including premixes with the additives mentioned, may only be used on the The use of authorised authorised or registered establishments shall be made.
Section 2
Approval and registration of establishments
Authorisation
§ 7. (1) Feed business operators who carry out an activity pursuant to Article 10 (1) of Regulation (EC) No 183/2005 require approval by the Federal Office for Food Safety before they are authorised to operate.
Feed business operators shall provide evidence that the establishment for which the authorisation has been requested complies with the requirements of Regulation (EC) No 183/2005 as well as other relevant legislation in the field of feedingstuffs. The authorisation shall be granted by notification. The Federal Office for Food Safety has an official list of approved establishments, which must be published.
(3) The application shall contain at least the following information:
1. |
general information: |
|||||||||
a) |
the name and address of the company; |
|||||||||
b) |
the name, date of birth and address of persons authorised to represent them; |
|||||||||
c) |
the address of the holding; |
|||||||||
2. |
the name and address of the persons responsible for the undertaking; |
|||||||||
3. |
description of the operational activities; |
|||||||||
4. |
Product description: |
|||||||||
a) |
product groups; |
|||||||||
b) |
approximate annual quantity of products produced or placed on the market; |
|||||||||
5. |
Plan (sketch) on the location of the production, processing, processing or storage spaces with the position of the machines and equipment, which show the product flow and the personnel movement; |
|||||||||
6. |
List of machinery and equipment in accordance with the production flow; |
|||||||||
7. |
information concerning production, processing, processing, transport or storage conditions, hazard analysis and presentation of the critical control points (HACCP); |
|||||||||
8. |
cleaning and disinfection plan; |
|||||||||
9. |
Pest control plan; |
|||||||||
10. |
Presentation of the internal hygiene measures including personnel hygiene measures; |
|||||||||
11. |
Information on the training and training system for the staff involved in the production process. |
(4) The Federal Office for Food Safety (Bundesamt für Food Security) may, if it requires the uniform implementation, set forms for applications for authorisation.
(5) Compliance with the requirements for the approval of manufacturers is to be carried out by the Federal Office for Food Security in the framework of the authorisation procedure and, subsequently, in a risk-based manner, in accordance with the multi-annual integrated control plan. check.
Registration
§ 8. (1) Feed business operators who carry out activities other than those referred to in § 7 or § 9 shall require registration by the Federal Office for Food Security, in particular:
1. |
commercial or industrial establishments which place animal feed, premixtures or additives on the market or produce them with a view to placing them on the market; |
|||||||||
2. |
commercial or industrial establishments which store or transport feed, premixtures or additives; |
|||||||||
3. |
mobile mixing plants and other plants for the processing of feedingstuffs, premixes or additives, and |
|||||||||
4. |
agricultural holdings containing vitamins, trace elements, carotinoids, xanthophylls, micro-organisms, enzymes, antioxidants with a fixed maximum content and growth promoters (including premixtures with the additives mentioned) in the case of the Use feed production. |
For the purpose of registration, feed business operators shall submit the necessary information to the Authority in accordance with Annex II to Regulation (EC) No 183/2005. The Federal Office for Food Security (Bundesamt für Food Security) may, if it requires the uniform implementation, set forms for applications for registration.
(3) The fulfilment of the requirements for the registration of manufacturers is to be reviewed by the Federal Office for Food Security in accordance with the multi-annual integrated control plan.
(4) The registration is made by registering the company in an official directory, which the Federal Office for Food Security has to publish.
(5) establishments established in accordance with Regulation (EC) No 852/2004 on the hygiene of foodstuffs, OJ L 327, 30.11.2004, p. No. 3., are registered as registered establishments in accordance with Regulation (EC) No 183/2005.
(6) Veterinarians who have the right to manage a home mortgage shall be considered as registered establishments in accordance with Regulation (EC) No 183/2005. If, in the control of the domestic pharmacies, there is a suspicion that feedingstuffs, premixes or additives are placed on the market or used in accordance with the provisions of the Animal Feed Act 1999, the institutions of the Governor of the State shall have the following: Federal Office for Food Security.
(7) The supply of feedingstuffs for pet animals, to the extent that they are ready-packed, does not require registration. The Federal Office of the Federal Republic of Germany shall be responsible for the placing on the market of an approved or registered holding, except for those pursuant to § 3 (3)-which place additives, premixes or feedingstuffs on the market without being active in international trade. Food security must be reported and require no registration or registration.
Registration of agricultural holdings
§ 9. (1) Agricultural holdings producing, producing or feeding feedingstuffs, and carrying out activities other than those mentioned in § 7 or Article 8 (1) (3) and (4) (Regulation (EC) No 183/2005), require registration by the Governor. The production of feedingstuffs intended for use in farm animals for private use, including feeding for this purpose, does not require any registration. In the context of the registration, the name and address of the responsible holder as well as data required for risk-oriented monitoring must be recorded, using existing data (Section 20 (5) FMG 1999).
(2) A registration in the agricultural and forestry operating information system (LFBIS) shall be considered as a registration within the meaning of para. 1. Similarly, agricultural holdings registered in accordance with Regulation (EC) No 852/2004 shall be considered as registered holdings in accordance with Regulation (EC) No 183/2005.
(3) The name and address of registered establishments shall be at the request of persons who are entitled to a legitimate interest (Art. 5 (6) of Regulation (EC) No 183/2005) can be notified by the Governor of the State.
Section 3
Feed control
Control of the placing on the market and manufacture
§ 10. (1) The Federal Office for Food Security is responsible for controlling the placing on the market, including the production upstream.
(2) The control regarding the placing on the market of feedingstuffs for pets is the responsibility of the regional governor in the Land of Vienna.
(3) The control with regard to the production and feeding on the agricultural holding is the responsibility of the Governor.
(4) The controls shall be carried out in accordance with Regulation (EC) No 882/2004 on official controls to verify compliance with food and feed law, animal health and animal welfare rules, OJ L 327, 30.11.2004, p. No. OJ L 165, 30.4.2004, p.
Import Control
§ 11. (1) Control of animal feed of animal origin (Art. Article 14 of Regulation (EC) No 882/2004) is subject to the veterinary inspection of border controls in accordance with the Veterinary Import Regulation 2008, BGBl. II No 474.
(2) Other feed, premixes and additives of non-animal origin shall be subject to the import and transit of a document test and a random check and inspection by the Federal Office for Food security in accordance with the relevant EU legislative acts.
(3) Where there is a suspicion that feedingstuffs are imported in breach of the provisions of the Act of Feed 1999 or of Union law, the institutions of the border veterinary inspection and the customs authorities shall have the Federal Office for Food Security , which shall, if necessary, carry out sampling and inspection of goods or arrange the necessary measures in accordance with Article 17 of the Animal Feed Act 1999.
(4) The following feedingstuffs are not subject to import control:
1. |
feedingstuffs intended for animals carried along with them at the same time; |
|||||||||
2. |
Feedingstuffs for pet animals up to a value of 75 € or a net weight of 10 kg. |
Information requirements and action plan
§ 12. (1) In the context of the control of the reasonable suspicion of a risk to human or animal health, the Federal Office of Food Security shall provide all relevant information to the European Commission in the light of the Rapid alert system in accordance with Article 50 of Regulation (EC) No 178/2002 laying down the principles and requirements of food law, OJ L 327, 31.12.2002, p. No. OJ L 31, 1.2.2002, p. 1.
(2) The Federal Office for Food Safety has the right to provide information on the assumption that feed, premixes or additives pose a risk to human or animal health. information.
(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to draw up an action plan for the implementation of paragraphs 1 and 2, which provides for the action of the authorities involved and the information channels in the event of the incident. of a risk to human or animal health.
Objection and arrangement of measures
§ 13. If, in the event of an on-the-spot check, the Board of Supervisors finds deficiencies which require the setting of a measure in accordance with Article 17 (5) of the Animal Feed Act, the Board of Supervisors shall inform the person responsible of the illegality and to record the deficiencies identified and the measures ordered in the minutes.
Sampling and analysis methods
§ 14. The sampling and analysis for the official investigation shall be carried out in accordance with the procedures laid down in Regulation (EC) No 152/2009 laying down the sampling methods and methods of analysis for the official control of feedingstuffs, OJ L 327, 31.12.2009, p. No. OJ L 54, 26.2.2009, p. 1.
Training and further training of supervisory bodies
§ 15. (1) From the competent authorities pursuant to § § 10 and 11, the supervisory bodies may only be entrusted with the task of controlling those persons who are competent,
1. |
to carry out verifications and sampling in accordance with Article 3 of Regulation (EC) No 882/2004; |
|||||||||
2. |
to identify and assess the effects of feed, premixes and additives on human and animal health and the environment; |
|||||||||
3. |
take the necessary measures to prevent infringements of the provisions of the futures legislation and, where appropriate, to report or to issue an objection, |
|||||||||
4. |
give instructions and information in order to avoid breaches of the rules on futures law, |
|||||||||
5. |
To inform economic operators and consumers about the broad guidelines of the provisions of the futures legislation and their enforcement. |
(2) The requirements laid down in paragraph 1 shall be met in any case if an education is provided by:
1. |
a maturity or diploma examination at a relevant higher technical and commercial college or at a relevant higher agricultural and forestry training institution, or |
|||||||||
2. |
A degree in Agricultural Sciences, Veterinary Medicine, Food and Biotechnology, or a completed, relevant course of study at a university of applied sciences |
|||||||||
can be detected. |
(3) The competent authorities in accordance with § § 10 and 11 shall have to provide for the supervisory authorities at least every five years a further training of at least two days.
(4) The competent authorities in accordance with § § 10 and 11 may allow persons who do not comply with the requirements laid down in paragraphs 1 to 3 to carry out the sampling and other control activities to the extent that the persons concerned do not comply with the requirements laid down in paragraphs 1 to 3 of this Article. have been sufficiently trained and the knowledge and skills acquired have been demonstrated by means of a certificate.
(5) In the framework of the practical training of supervisory bodies, the institutions of the Federal Office for Food Security and the Governor of the State of the State shall carry out joint inspections at the place of control.
Section 4
Final provisions
entry into force
§ 16. (1) This Regulation shall enter into force on 1 September 2010.
(2) With the entry into force of this Regulation, the Animal Feed Regulation 2000, BGBl. II No 93/2000, as amended by the BGBl Regulations. II No 51/2001, 373/2001, 28/2002, 243/2003, 368/2004, 132/2005 and 24/2006, except for force.
References to legislation
§ 17. (1) This Regulation implements the following legislation of the European Union:
1. |
Directive 2005 /86/EC amending Annex I to Directive 2002/32/EC as regards Camphechlor, OJ L 108, 27.4.2005, p. No. OJ L 318, 6.12.2005 p. 16; |
|||||||||
2. |
Directive 2005 /87/EC amending Annex I to Directive 2002/32/EC as regards lead, fluorine and cadmium, OJ L 108, 27.4.2005, p. No. OJ L 318, 6.12.2005 p. 19; |
|||||||||
3. |
Directive 2006 /13/EC amending Annex I to Directive 2002/32/EC with regard to dioxins and dioxin-like PCBs, OJ L 80, 23.3.2006, p. No. OJ L 32, 4.2.2006, p. 44; |
|||||||||
4. |
Directive 2006 /76/EC amending Annex I to Directive 2002/32/EC on undesirable substances in animal nutrition, OJ L 201, 31.7.2006, p. No. OJ L 198, 26.7.2006, p. 37; |
|||||||||
5. |
Directive 2006 /77/EC amending Annex I to Directive 2002/32/EC as regards the maximum levels for organic chlorine compounds in feedingstuffs, OJ L 376, 27.12.2006, p. No. OJ L 271, 30.9.2006 p. 53; |
|||||||||
6. |
Directive 2009 /8/EC amending Annex I to Directive 2002/32/EC as regards the maximum levels of coccidiostats and histomonostats which are present in feedingstuffs for non-target species on account of unavoidable disappearance, OJ L 327, 30.12.2009, p. No. OJ L 40, 11.2.2009, p. 19; |
|||||||||
7. |
Directive 2009 /141/EC amending Annex I to Directive 2002/32/EC as regards the maximum levels for arsenic, theobromine, Datura sp., Ricinus communis L., Croton tiglium L. and Abrus precatorius L., OJ L 206, 22.7.2009, p. No. OJ L 308, 24.11.2009 p. 20; |
|||||||||
8. |
Directive 2010 /6/EU amending Annex I to Directive 2002/32/EC as regards mercury, free Gossypol, Nitrite and Mowrah, Bassia, Madhuca, OJ L 206, 22.7.2010, p. No. OJ L 37, 10.2.2010 p. 29. |
(2) As far as other legislation is referred to in this Regulation, they shall be applied in their respective versions.
Berlakovich
Annex
Estimation equations for calculation of energy content
Drawing explanation:
ME = actionable energy
GE = gross energy
MJ/kg TM = Megajoule per kilogram of dry mass
NEL = net energy lactation
DE = digestible energy
g = gram
Animal species |
Compound feedingstuffs |
Estimation equation |
Dairy cows |
all, excluding compound feedingstuffs with less than 5 MJ NEL/kg |
NEL (MJ/kg) = ME × (0,46 + 12,38 × ME/(1000-g Rohasche)) ME (MJ/kg TM) with ELOS = 9,67-0,01698 × g Rohasche + 0,00340 × g raw protein + 0.01126 × g Crude fat + 0,00123 × g Strength -0,00097 × g Neutral-Detergent-Fiber, ash-free + 0,00360 × g enzyme-soluble organic substance all g per kg TM |
ME (MJ/kg TM) with gas formation = 7.17 -0,01171 × g raw ash + 0,00712 × g raw protein + 0.01657 × g Crude fat + 0,00200 × g Strength -0,00202 × g acid-detergent-fibre, ash-free + 0,06463 × ml Gas formation in 200 mg TM |
||
Bovine animals, excluding dairy cows, and small ruminants |
all, with the exception of compound feedingstuffs with: -less than 9 MJ ME/kg -less than 4% raw fibre in the TM -Milk replacement feedingstuffs |
ME (MJ/kg TM) with ELOS = 9,67-0,01698 × g Rohasche + 0,00340 × g raw protein + 0.01126 × g Crude fat + 0,00123 × g Strength -0,00097 × g Neutral-Detergent-Fiber, ash-free + 0,00360 × g enzyme-soluble organic substance all g per kg TM |
ME (MJ/kg TM) with gas formation = 7,17-0,01171 × g raw ash + 0,00712 × g raw protein + 0.01657 × g Crude fat + 0,00200 × g Strength -0,00202 × g acid-detergent-fibre, ash-free + 0,06463 × ml Gas formation in 200 mg TM |
||
Pigs |
all, Excluded -Complementary feedingstuffs containing more than 250 grams of crude protein/kg and -milk exchange- feedingstuffs |
ME (MJ/kg) = 0.021503 × g raw protein + 0,032497 × g Raw fat -0,021071 × g raw fibre + 0,016309 × g Strength + 0.014701 × g organic residue organic residue (= org. Substance-RP-RFE-RFA-Strength) |
Horses |
all except compound feedingstuffs with -more than 8% fat -more than 35% raw fibre |
DE in MJ/kg = + g raw protein × 0.0209 + g Raw fat × 0.0420 + g raw fibre × 0.0001 + g N-free extract substances × 0,0185 -3.54 |