Decree No. 184 / 2004 Coll.
Decree amending Decree No. 451 / 2000 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended
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184
DECLARATION
of 13 April 2004
amending Decree No. 451 / 2000 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended
The Ministry of Agriculture provides, pursuant to Articles 3, 4, 5, 8, 8 to 8b, 13, 15, 3 of Act No. 91 / 1996 Coll., on Feed, as amended by Act No. 244 / 2000 Coll., Act No. 147 / 2002 Coll. and Act No. 21 / 2004 Coll., ("the Act ') and in accordance with European Community law: 1a)
Decree No. 451 / 2000 Coll., implementing the law on feedingstuffs, as amended by Decree No. 343 / 2001 Coll., Decree No. 169 / 2002 Coll., Decree No. 544 / 2002 Coll., Decree No. 284 / 2003 Coll. and Decree No. 434 / 2003 Coll., are amended as follows:
(1) Paragraph 1 (1) and (2), including footnote 1, read:
"(1) In the manufacture of feed, additives and premixtures and for the feeding of livestock and pet animals which are kept by man, are not used and are not farmed animals other than fur animals (hereinafter referred to as" pet animals'), prohibited substances and products listed in Annex 1, Part A shall not be used.
(2) In the manufacture of feed, additives and premixtures and for the feeding of ruminants and other farmed animals which are kept, reared or fattened for food production, prohibited substances and products are to be classified
(a) animal waste derived from animals unfit for animal health assessment for human consumption as referred to in Annex 1, Part B; and
(b) further processed animal waste derived from low-risk confiscates of animal origin, (1) except feed materials listed in Part C of Annex 1, applicable to certain animal species under the conditions set out in that Part of the Annex; the prohibition does not apply to the use of processed animal waste derived from low-risk animal confiscates (1) for the production of feed and feed of domestic animals under specified conditions.
1) Decree No. 295 / 2003 Coll., on animal confiscation, disposal and further processing. '
2. The following Section 1a is inserted after Section 1, including footnote 2:
The requirements for the production and conditions for the use of processed animal waste derived from low-risk confiscates of animal origin, i.e. processed animal proteins, blood products and blood meal, the use of which is not prohibited for the production of feed, feed additives and premixtures, shall be laid down in the immediately binding provisions of the European Communities (hereinafter referred to as the "European Community Regulations') .2).
(2) Regulation (EC) No 999 / 2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spogiform encephalopathies, as amended. Regulation (EC) No 1774 / 2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended. '
3. in Article 4 (3), point (d) is deleted;
Points (e) to (g) shall be renumbered (d) to (f).
4. Paragraph 4 (5) is deleted.
Paragraphs 6 and 7 shall become paragraphs 5 and 6.
5. Paragraph 4 (6) reads as follows:
"(6) In manufacturing plants where they are produced
(a) feed for ruminants, processed animal proteins, blood products, blood meal, hydrolysed proteins and feedingstuffs containing these proteins with the exception of milk, milk products, colostrum, eggs and egg products, gelatine from non-ruminants and products containing these feed materials,
(b) feed for other farmed animals which are kept, reared or fattened for food production shall not be produced for domestic animals and feed for fish and carnivorous fur animals produced under the conditions laid down in (c) and (d). In such production plants, processed animal proteins, blood products, blood meal and feed shall also not be used, except for products not covered by point (a) and with the exception of fish meal, hydrolysed non-ruminant proteins, leather and ruminant skin, dicalcium and tricalcium phosphates,
(c) feed for fish, processed animal proteins and feed containing these proteins with the exception of products not covered by points (a) and (b) and blood products and blood meal from non-ruminants shall not be used. Other animal or domestic feed may not be produced in such production plants,
(d) feed for carnivorous fur animals and for domestic animals may be used processed animal proteins and other animal proteins referred to in points (a) to (c) and feed containing such proteins.
Where the operating conditions do not allow the production of feed in the production facilities referred to in points (a) to (c), the production operation for another production method shall be authorised by the Agricultural Central Control and Examination Institute (hereinafter referred to as the Institute). The conditions for granting the authorisation and the production and storage requirements are laid down in Annex 9. ';
6. In Article 4, the following paragraph 7 is added:
"(7) Additional feed containing additives of growth promoters including antibiotics, anticoccidials, chemotherapeutic agents, vitamin A, vitamin D, copper and selenium groups may be dosed at least 5% in the manufacture of compound feedingstuffs, including feed for animal primary production. '
7. In Article 5 (4), "in Article 4 (3) (e) and (f) 'is replaced by" in Article 4 (3) (d) and (e)';
8. In Article 7 (2), the words "or B 1 'are deleted.
9. in Article 7 (3) (b) and (4) (a) and (b), "Annex 11, Part B, B 1 or C" is replaced by "Annex 11, Part B or C."
10. in Article 7 (4) (b), "content exceeding 22 g / kg" is replaced by "content exceeding 2,2%,"
11. in the first sentence of Article 7 (6), the words "or B 1" and in the second sentence "and B 1" shall be deleted.
12. in Article 7 (7), "Annex 11, Part B or B 1" is replaced by "Annex 11, Part B or C, excluding feed materials from groups 9 and 10 and dicalcium phosphate from bones."
13. in Article 7, paragraphs 8 and 9 are added, including footnotes 3 and 4:
"(8) Fats originating from ruminants may be used for the production of feed for farmed animals, except ruminants, if they are cleaned in such a way that the total insoluble impurities do not exceed 0,15% of material.3)
(9) Feed materials obtained by means of genetically modified organisms or containing genetically modified organisms shall comply at all stages of putting into circulation with the requirements laid down by the European Community.4)
3) Annex No 2 to Decree No. 295 / 2003 Coll., on confiscation of animal origin.
(4) Regulation (EC) No 1829 / 2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified organisms. Regulation (EC) No 1830 / 2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products derived from genetically modified organisms and amending Directive 2001 / 18 / EC. ';
14. in Article 8, paragraphs 4 and 5 are added after paragraph 3, including footnote 5:
"(4) Certain protein feed obtained by means of genetically modified organisms or containing genetically modified organisms must meet the requirements laid down in the European Communities at all stages of putting into circulation. 4)
(5) The protein feed groups listed in Annex 12, point 2.1. Urea and its derivatives, in point 3. Amino acids and their salts and in point 4. Hydroxyanalogues of amino acids are to be classified in the group "Nutritional additives' according to the Regulation of the European Communities. 5)
5) Regulation (EC) No 1831 / 2003 of the European Parliament and of the Council of 22 September 2003 on additives in animal nutrition. '.
15. in Paragraph 9 (1), the words "tolerance of that value" shall be replaced by the words "minimum tolerance" and the words "13" shall be inserted after the words "column 4"; the words "column 4" shall be deleted; and in paragraphs 2 and 3, the words "13" shall be deleted after the words "column 4";
18. In Article 11 (5), at the end of the sentence, the words "in column 7, in the case of enzymes and micro-organisms in column 6 'are replaced by the words" in column 6, in the case of trace elements in column 5 and in the case of growth promoters including antibiotic and anti-coccidic agents and chemotherapeutic agents in column 7.';
19. in Article 11 (7), the comma at the end of point (b) shall be replaced by a dot and point (c) shall be deleted;
20. In Article 11, paragraphs 11 and 12 are added after paragraph 10:
"(11) The maximum permitted content of undesirable substances in additives is set out in Annex 3.
(12) Additives obtained by means of genetically modified organisms or containing genetically modified organisms must comply at all stages of putting into circulation with the requirements laid down in European Community.4) '
21. The following Section 11a is inserted after Section 11:
The requirements for the authorisation, putting into circulation and use of additives and premixtures shall be laid down by the provisions of the European Community.5) '.
22. Sections 12 and 13, including the title, read:
"Premixes and media
(1) Only additives listed in column 3 of Part C of Annex No 14, or amino acids listed in column 2 of Annex No 12, and carriers complying with the provisions of Sections 7 and 14 of the Decree are used for the manufacture of premixtures intended for circulation, provided that they are physically-chemically tolerated in premixtures.
(2) In the premixture, only one growth promoter and only one additive may be used to prevent coccidiosis (an anticoccidic) or histomoniasis (a chemotherapeutic agent).
(3) Where vitamin D is included in the premixture, it may only be used in one of the forms listed in Annex 14, Part C.
(1) For premixtures, the data of the test values are considered as still satisfactory
(a) for additives, if they comply with the provisions of Article 11 (7), taking into account the reproducibility values,
(b) for declared quality characteristics outside the feed additives, provided that they do not exceed the tolerance given in Annex 13,
(c) for quality characteristics other than additives for which no tolerances are laid down in Annex 13, unless they deviate by more than the reproducibility values.
(2) Where no tolerances or reproducibility values are set in Annex 13 for quality characteristics other than additives, the characteristics shall not be evaluated. ';
23. in Article 15 (1) (a), "more than 140 g / kg in dry matter" is replaced by "at least 14%" and points (b) and (c) are replaced by:
"(b) milk compound feedingstuffs administered in a dry state or after dilution by the appropriate amount of liquid intended for feeding to the young as an addition or substitute for post-colostral milk or for feeding to calves in fattening;
(c) mineral feed consisting mainly of minerals and containing more than 40% ash, ';
24. In Article 15 (3), the words "in combination with other feedingstuffs' shall be inserted after the words" for direct feeding '.
25. Paragraph 15 (6) reads:
"(6) For complete or complementary feed for farmed animals which are kept, reared or fattened for the production of food, other than feed for carnivorous fur animals and fish, feed materials which are animal protein derived from low-risk confiscates of animal origin, (1) which have been treated in accordance with specific legislation1 (hereinafter" processed animal proteins'), blood products, blood meal, gelatine of ruminants and other protein products the use of which is prohibited pursuant to § 1 (2) and Annex 1 (B) shall not be used. The prohibition on the use of certain feed materials of animal origin also applies to feed, feed additives and premixtures containing those proteins. The conditions for the use of fishmeal, hydrolysed proteins, dicalcium and tricalcium phosphate, blood products and blood meal are laid down in Annex 1, Part C. '.
26. Paragraph 16 (1) to (3) reads as follows:
"(1) The moisture content of complete, complementary and dietary feedingstuffs must be declared if it exceeds:
(a) 5% for mineral feed not containing organic feed materials;
(b) 10% for mineral feed containing organic feed materials;
(c) 7% for milk compound feedingstuffs, other complete and complementary feedingstuffs containing more than 40% milk products,
(d) 14% for other complete, complementary and dietary feedingstuffs.
(2) The content of the insoluble proportion of ash in hydrochloric acid in complete, complementary and dietetic feedingstuffs may not exceed 2,2% in the dry matter and, in the case of feedingstuffs containing mainly rice by-products, 3,3% in the dry matter. However, the content of 2,2% in the dry matter may be exceeded provided that the content is declared as a percentage of the feed as such, in the case of:
(a) complete, complementary and dietary feedingstuffs containing authorised mineral binders;
(b) mineral feed;
(c) complete, complementary and dietetic feedingstuffs containing more than 50% of sugar beet or sugar beet cuttings;
(d) complete and complementary feedingstuffs containing more than 15% fishmeal intended for farmed fish.
(3) The content of iron in compound feedingstuffs for calves weighing up to and including 70 kg must be at least 30 mg per kilogram of complete feedingstuff with a moisture content of 12%. "
27. in Article 17 (1) (b) and (c) and (2), including footnote 6, the following shall be added:
"(b) for quality characteristics, excluding additives, declared in accordance with Annex No 26 for feed for farmed animals or Annex No 27 for feed for domestic animals and for other declared quality characteristics, excluding additives, and for limit quality characteristics, provided that they do not exceed the tolerances indicated in Annex No 16 or Annex No 17,
(c) for quality characteristics other than additives for which tolerances are not laid down in Annex 16 or Annex 17, provided that they do not deviate by more than the reproducibility value. 6)
(2) Where tolerances are not laid down in Annex 16 or Annex 17 or the reproducibility values, with the exception of additives, 6) the characteristics shall not be evaluated.
6) Decree No. 124 / 2001 Coll., laying down the sampling requirements and principles for methods of analysis of feedingstuffs, additives and premixtures and the method of storage of samples. '
28. in Article 19 (1) (a), (g), (h) and (i):
"(a) if the person is a legal, business or name, registered office, type of legal person, identification number, if assigned, and tax identification number, and if the person is a natural, name or surname (hereinafter referred to as" name "), residence, date of birth, identification number and tax identification number of the applicant, if assigned,
(g) for applicants for the production of additives or certain protein feedingstuffs or premixtures or feedingstuffs using additives or feedingstuffs using premixtures, the name, surname and address of the person responsible for the manufacture and the certificate of professional competence referred to in Article 6 (2) of the Act;
(h) applicants for import or entry into circulation (suppliers) handling additives or certain protein feed or premixtures, the name and address of the person responsible and the certificate of professional competence referred to in Article 6 (2) of the Act;
(i) proof of entry in the list of genetically modified organisms and products approved for circulation in the Czech Republic, '.
29. in Article 19 (1), at the end of point (k), the dot is replaced by a comma and the following points (l) and (m) are added:
"(l) in the case of the manufacture, processing, putting into circulation, import or use of genetically modified organisms, feed products containing or consisting of genetically modified organisms or feed products produced from genetically modified organisms, proof of their authorisation in accordance with European Community rules, 4)
(m) for import applicants, proof of entry in the list of manufacturing establishments located in third countries authorised in accordance with specific legislation (7) and European Communities Regulation (7) which are authorised to put additives or premixtures or feedingstuffs into circulation in the States of the European Communities.
7) Article 4 of Act No. 91 / 1996 Coll., on Feed, as amended. Council Directive 95 / 69 / EC of 22 December 1995 laying down the conditions and procedures for the approval and registration of certain manufacturing establishments and suppliers operating in the feed sector and amending Directives 70 / 524 / EEC, 74 / 63 / EEC, 79 / 373 / EEC and 82 / 471 / EEC. '
30. The following Section 19a is inserted after Section 19:
Registration of production plants
(1) The application for registration of production operations pursuant to Sections 4 and 8b of the Act contains:
(a) if the person is a legal, business or name, registered office, type of legal person, identification number, if assigned, and tax identification number, if any, if any, of the natural person, name or surname (s), address (s), date of birth, identification number and tax identification number of the applicant, if any;
(b) if the person is a legal person having his head office abroad, the registered office of that person in the Czech Republic or the name and address of the person responsible in the Czech Republic; if the person is a natural person with a place of business abroad, the name, date of birth, residence or the name and address of the person responsible in the Czech Republic,
(c) an extract from the Commercial Register, if it is a person registered in it, or a trade licence or an establishment certificate issued by a competent authority;
(d) the name and address of the production operation, the type of production and the scope of the activity.
(2) The application for registration, including other particulars, shall be submitted in the Czech language. "
31. Paragraph 20, including the title, reads:
Registration of distributors
The application shall contain:
(a) if the person is a legal, business or name, registered office, type of legal person, identification number, if assigned, and tax identification number, and if the person is a natural, name, address, date of birth, identification number and tax identification number of the applicant;
(b) an extract from the Commercial Register, if it is a person registered in it, or a trade license or an establishment certificate issued by a competent authority;
(c) groups of additives or premixtures or feed referred to in Article 4 (3) (a) and (b) of the Act;
(d) a written declaration by the applicant to ensure that the documentation and records of the products the placing into circulation of which he makes available in accordance with Article 6 are kept;
(e) proof of the right to manufacture the additive by the person responsible for putting it into circulation, in the case of the additive listed in Annex No 14, Part C 1 or C 2,
(f) in the case of the putting into circulation, import or use of genetically modified organisms, feed products containing or consisting of genetically modified organisms or feed products produced from genetically modified organisms, proof of their authorisation in accordance with European Community rules. (4) ';
32. in Article 25 (1) (b) and (c), the words "or B 1" shall be deleted;
33.In Article 25 (1) (d) and (e):
"(d) the limit values of the characters referred to in Article 7 (3) and (4) and the values of the mandatory declaration of characters referred to in Annex 11, Part B, column 4 or in Part C, column 3; the limit or declared value of the characters refer to the weight of the feed material unless otherwise specified;
(e) the name or business name or the name and address of the person responsible for the particulars on the label, unless the manufacturer is involved; ';
34. in Article 25 (2) (e), a comma shall be inserted after the word "fats" and the words "except feed fats made from warm-blooded terrestrial animals," shall be deleted;
35. in Paragraph 25 (4):
"(4) Other information may appear on each individual package, container or label attached to it or on the accompanying sheet of unpackaged feed materials provided that such information is related to the feed material or its quality characteristics which are verifiable and not misleading. This information shall be separated from the data in paragraphs 1 to 3. ';
36. in Paragraph 25 (6), the words "in bulk" shall be replaced by "in unpacked."
37. in Paragraph 25 (9), the words "Annex 1 (9.2)" shall be replaced by "Annex 1 (B) and (C)"; In Paragraph 25, at the end of paragraph 9, the dot is replaced by a comma and the words "and, for blood products or blood meal, the words" This feed material may only be fed to fish 'are added.'.
38. in Paragraph 25 (10):
"(10) The following particulars need not appear on the label under the following conditions:
(a) referred to in Section 7 (4) and the values of the mandatory characters listed in Annex 11, Part B, column 4 or in Part C, column 3, where:
1. the buyer shall confirm in writing, before each transaction, that he does not require this information;
2. feed materials of animal or plant origin are put into circulation, fresh or preserved, where appropriate subject to simple physical treatment, in quantities up to and including 10 kg intended for domestic animals and supplied to the final consumer by means of a seller established in the same Member State,
(b) as referred to in paragraph 1, in the case of products of plant or animal origin in their natural state, fresh or preserved which, where appropriate, have undergone simple physical treatment and do not contain any additives other than preservatives and which are supplied by the farmer as a producer to the breeder as a user, both being established in the same Member State,
(c) referred to in paragraphs 1 (d), 7 (4) and 11 (1) (c) of the Act, provided that by-products of plant or animal origin with a moisture content exceeding 50% arising from industrial processing are put into circulation. ';
39. The following Section 25a is inserted after Section 25:
Feed materials from third countries
Where a feed material is first put into circulation from third countries and no guarantee has been given concerning the data referred to in Section 7 (4) and the values of the mandatory declaration of characteristics listed in Annex 11 (B), column 4 or Part C, column 3, on the ground that the required analytical data could not be provided, the person responsible under Section 25 (1) (e) shall provide preliminary compositional data on the conditions that:
(a) the competent administrative authority shall be informed in advance of the supply of feed material;
(b) the composition data shall be supplemented by the following in the accompanying document in bold: "preliminary data confirmed.... (name and address of the laboratory responsible for analysis) relating to... (reference number of the sample analysed) before..... (date),"
(c) the final composition data shall be supplied to the purchaser and the Institute within 10 working days of the date of delivery of the feed material. ";
40. in Article 26 (1) (d), the words "place of residence" are replaced by the words "residence" and, at the end of point (d), the dot is replaced by a comma and the following point (e) is added:
"(e) date of manufacture."
41. in Paragraph 26 (3), the dot shall be inserted after the words "paragraph 11" and the words "and 12." shall be deleted;
42.Paragraph 27 (1) reads as follows:
"(1) The labelling of additives, excluding trace elements, growth promoters including antibiotics, anti-coccidic agents and chemotherapeutic agents shall indicate the name set out in column 2 of Part C of Annex 14, for trace elements, growth promoters including antibiotics, anti-coccidic agents and chemotherapeutic agents as set out in column 3 of Annex 14. For all additives, the active substance content, the date of manufacture and the commercial designation of the supplier shall be indicated. ';
43. In Paragraph 27 (2) (a), in the introductory part of the text, the words "including antibiotics" shall be inserted after the words "growth promoters." in Article 27 (2) (b) (4), the words "column 8," are replaced by the words "column 6 or 7,"
44. in Article 27 (2) (c), at the end of point 5, after the number 2 comma, the words "and 3," shall be deleted;
45. in Article 28 (1) (b), (c) and (e):
"(b) the type and content of the additives used, with the exception of trace elements and growth promoters including antibiotics, anti-coccidists and chemotherapeutic agents, as specified in Annex No 14, Part C, column 2, for trace elements and for growth promoters including antibiotics, anti-coccidists and chemotherapeutic agents as specified in Annex No 14, Part C, column 3, and the type and content of amino acids as specified in Annex No 12, column 2, if used,
(c) the date of manufacture and the type of carrier;
(e) instructions for safe use, if the additive is contained in the premixture which is subject to the provisions laid down in Annex 14, Part C, column 7, for trace elements in column 6, for growth promoters including antibiotics, anti-coccidists and chemotherapeutic agents in column 8, ';
46. In Paragraph 28 (2), the words "including antibiotics' and the words" including antibiotics' are inserted after the words "including antibiotics'.
47. in Paragraph 28 (4):
"(4) Premixes containing additives for which Part C of Annex No 14 is set out in column 5 of Annex No 14, for growth promoters including antibiotics, anti-coccidists and chemotherapeutic agents in column 6, or for trace elements in column 6, for growth promoters including antibiotics, anti-coccidists and chemotherapists in column 8, shall be marked with an indication of the maximum age of the animals or the length of the withdrawal period. Where the premixture contains several additives for which a different withdrawal period is fixed, the maximum withdrawal period is sufficient. '
48. Paragraph 29 (1) to (12) reads:
"(1) The label shall state:
(a) the words "complete compound feed" or "complementary compound feed" or "mineral feed" or "molasses feed" or "complete milk compound feed" or "complementary milk compound feed,"
(b) the species or category of animal for which the complete and supplementary feed is intended,
(c) feeding instructions indicating the purpose for which the feed is intended;
(d) all the feed materials contained therein, which shall be indicated according to their names in Annex 11, Part B or C, and
1. in the case of feed for farmed animals, in descending order, the percentage by weight of their presence in the feed; a tolerance of 15% relative to the declared value applies for the assessment of the percentage content of feed materials,
2. in the case of pet feedingstuffs, either in descending order of their weight in the feed or with an indication of their quantity; the name of the feed materials may be replaced by the name "groups of feed materials' to which feed materials belong, as set out in Annex 29. The labelling shall not combine the use of group names with those of feed materials, except feed materials which do not belong to any of the defined groups; in this case, the specific name of the feed material shall be given in descending order of its weight in relation to the listed groups of other raw materials. In the case of pet feed, the labelling may indicate the presence or reduced proportion of one or more feed materials which are important in terms of feed properties in the specific declaration. In this case, the minimum or maximum content, expressed as a percentage of the feed material content used, shall be clearly indicated against the declaration to be paid particular attention or in the list of feed materials by indicating the feed material and the content as a percentage of the relevant group of feed materials,
(e) where applicable, the declarations referred to in Article 16 (1) and (2),
(f) the quality characteristics listed in Annex No 26 or 27 in column 1 to 3 relating to the weight of the feed, unless otherwise specified;
(g) the name and address of the person responsible for the information referred to in this paragraph, or the name and address of the company;
(h) for solid complete and complementary feedingstuffs, net weight, for liquid complete and complementary feedingstuffs, net volume or net weight;
(i) the date of minimum durability or the date of expiry of the guarantee period; Where the date of minimum durability is indicated, the following shall be indicated:
1. "To be completed by..." with the indication of the date (day, month, year), in the case of feedingstuffs that are microbiologically easily destroyed,
2. "Minimum durability until..," indicating the date (month, year) for other feedingstuffs,
(j) the lot number;
(k) the manufacturer's registration number and the manufacturing registration number or supplier's registration number, indicating the place and name of the supply service, the distributor's or importer's registration number, assigned pursuant to § 8a and 9 of the Act;
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Regulation Information
| Citation | Decree No. 184 / 2004 Coll., amending Decree No. 451 / 2000 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.2004 |
|---|---|
| Effective from | 23.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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