Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
Having regard to Council Directive 70/524/EEC of 23 November 1970 on additives in animal feeding, as amended in particular by Directive 2001/46/EC;
Considering Directive 79/373/EEC of the Council of the European Communities of 2 April 1979 on the marketing of animal-compounded foods, as amended in particular by Directive 2002/2/EC;
In light of Council Directive 95/53/EC of 25 October 1995, setting out the principles for the organization of official controls in the field of animal feed, as amended in particular by Directive 2001/46/EC;
Having regard to Council Directive 96/25/EC of 29 April 1996 on the circulation and use of raw materials for animal food, as amended in particular by Directive 2001/46/EC;
In light of Council Directive 1999/29/EC of 22 April 1999 on unwanted substances and products in animal feeding, as amended in particular by Directive 2001/46/EC;
Considering Directive 2001/46/EC of the European Parliament and of the Council of 23 July 2001 amending Council Directive 95/53/EC setting out the principles for the organization of official controls in the field of animal feed as well as Council Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal feed;
Having regard to Directive 2002/2/EC of the European Parliament and of the Council of 28 January 2003 amending Council Directive 79/373/EEC on the marketing of animal-compounded foods and repealing Commision Directive 91/357/EEC;
Considering Directive 2002/32/EC of the European Parliament and the Council of 7 May 2002 on unwanted substances in animal feeds;
Considering the consumer code, including articles L. 214-1 and L. 214-2;
In light of amended Decree No. 73-1101 of 28 November 1973 implementing the Act of 1 August 1905 on the suppression of fraud in the sale of goods and falsifications of foodstuffs, with regard to additives for the feeding of animals;
Having regard to amended Decree No. 86-1037 of 15 September 1986 implementing the Act of 1 August 1905 on frauds and falsifications in respect of products or services in respect of products and substances intended for animal feed;
Considering the advice of the French Food Safety Agency dated 14 February 2003;
The State Council (Finance Section) heard,
Decrete:
The second paragraph of Article 6 of the above-mentioned Decree of 15 September 1986 is deleted.
At Article 10 of the same Order, after the words: "animal food raw materials", the rest of the paragraph is deleted.
At the g of Article 10 of the same decree, the mention of Article L. 235-1 of the rural code is deleted.
The first four paragraphs of the d of Article 15 of the Decree are replaced by the following provisions:
"(d) The list of all raw materials in the composition of animal compound foods listed under their specific name.
Animal feed raw materials, listed in Appendix I, must be designated as the names listed in this Loss Annex, which correspond to the characteristics defined in this Annex. Otherwise, these determinations cannot be used.
The listing of animal feed raw materials is subject to the following rules:
1. For foods made up for animals other than pets: listing raw materials for animal feeds, with an indication, in their descending order of importance, of percentages by weight present in the compound feed with a tolerance margin of 15% more or less than the declared value;
2. For compound foods intended for pets: list of raw materials for animal foods with indication of the quantity contained or enumeration of raw materials in descending order of weight. »
In the j of Article 15 of the same decree, the words: "if the date of manufacture is not indicated" are deleted.
In the paragraph following the k of section 15 of the same decree, after the words: "the reference number of the lot", the words "and the approval or registration number of the manufacturer as defined in the preceding paragraph".
The c and g of Article 16 of the same decree are deleted.
Section 16-2 of the same Order is repealed.
Article 21 of the same decree is replaced by the following provisions:
“Art. 21. - The leaders of the companies or establishments of the animal food sector, or their delegates, immediately transmit to the prefect of the department of the place of exploitation (departmental direction of competition, consumption and the suppression of frauds) any information that they are likely to hold on a lot of products intended for animal feed, that they have imported into the territory of the European Community, put on sale, sold or distributed free of charge,
" - which exceeds the maximum content of unwanted substances and products set by the order referred to in Article 4 of this decree beyond which the product must no longer be distributed as to animals or mixed with other products intended for animal feed,
" - or which is not in accordance with the decree of November 28, 1973 referred to in this decree to the provisions made for their application, provided that this product, because of this non-compliance, presents a serious risk to human health, animal health or the environment.
"Interested individuals provide all information that allows for a specific identification of the product or batch of products in question, as well as a description of the risk of the product in question, and all available information that is useful in tracing this product. They also inform the competent authorities of any measures taken to prevent risks to human health, animal health or the environment by providing a description of these measures.
"The same obligations apply to livestock health care professionals and laboratory managers who perform analyses. »
The marketing of animal-compounded foods that were labelled before 6 November 2003 and are in conformity with the requirements of articles 15 and 16 of the decree of 15 September 1986 referred to in its applicable drafting prior to the entry into force of this decree is permitted until the stock has been exhausted.
The provisions of Articles 1 and 2 of this Order shall apply effective 1 August 2003, those of Articles 3 to 7 effective 6 November 2003.
The Minister of Justice, the Minister of Economy, Finance and Industry, the Minister of Health, the Family and Persons with Disabilities, the Minister of Agriculture, Food, Fisheries and Rural Affairs and the Secretary of State for Small and Medium Enterprises, Trade, Crafts, Professionals and Consumer Affairs are responsible, each in the matter of the decree published, for the execution of the decree published, of the French Journal
Done in Paris on 1 August 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Economy,
finance and industry,
Francis Mer
The Seal Guard, Minister of Justice,
Dominica Perben
Minister of Health, Family
and persons with disabilities,
Jean-François Mattei
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
Secretary of State
small and medium-sized enterprises,
trade, crafts,
liberal professions
and consumption,
Renaud Dutreil
