Decree No. 295 / 2015 Coll.
Decree on the implementation of certain provisions of the Feed Act
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Order
Effective from 24.11.2015
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295
DECLARATION
of 27 October 2015
on the implementation of certain provisions of the Feed Act
The Ministry of Agriculture provides, pursuant to § 3 (7), § 4 (10), § 5 (10), § 6 (4), § 7 (6) and § 21a (9) of Act No. 91 / 1996 Coll., on feedingstuffs, as amended by Act No. 214 / 2007 Coll., Act No. 33 / 2011 Coll. and Act No. 279 / 2013 Coll., (hereinafter "the Act '):
Subject matter
This decree incorporates the relevant European Union1 provisions, building on the directly applicable European Union10 regulations and adapting the details and requirements for the production, import, use, labelling and placing of feed, additives and premixtures on the market.
Adverse substances and products, warehouse pests
[K § 3 (6) (a) and (b) of the Act]
(1) The content of undesirable substances in products for feeding shall be considered admissible if the result of the analysis does not exceed the maximum levels of the content specified in the directly applicable European Union rules governing the area of undesirable substances (2).
(2) The list of warehouse pests is set out in Annex 1 to this Decree.
Maximum cross-contamination limits for medicated feed
[K § 3 (6) (d) of the Act]
In case of unavoidable cross-contamination, the maximum authorised content of the active substance in non-target feed shall be 1% of the active substance dose in medicated feed or intermediate product, unless otherwise provided by the directly applicable European Union10.
Additives
[K § 3 (6) (e) of the Act]
The list and purpose of the use of the authorised additives are set out in the directly applicable European Union provisions governing the field of additives (4) and in Annex 3 thereto, unless those additives are authorised directly by the applicable provisions of the European Union which regulate the area of additives (4).
Content of annexes to applications for approval or registration of operations
(K § 4 (10) and § 5 (10) of the Act)
(1) The application for approval of operations for the manufacture or placing on the market of products for feeding separately for each operation shall be accompanied by:
(a) the manufacturer of the annex referred to in § 4 (4) (a) to (f), (i) to (k) and (m) of the Act;
(b) distributor of the Annex referred to in § 4 (4) (a) and (i) to (m) of the Act;
(c) the supplier of the annexes referred to in § 4 (4) (a), (i) to (k) and (m) of the Act, where he also carries out packaging in § 4 (4) (b) of the Act; and
(d) the importer of the Annex referred to in § 4 (4) (a), (g) to (k) and (m) of the Act, where he also carries out packaging in § 4 (4) (b) of the Act.
(2) The application for registration of operations for the manufacture or placing on the market of products for feeding separately for each operation shall be accompanied by:
(a) the manufacturer, other than the primary producer, of the annexes referred to in § 5 (4) (a) to (f) and (i) to (k) of the Act;
(b) distributor of the Annex referred to in § 5 (4) (a) and (i) to (k) of the Act;
(c) the supplier, outside the carriers, of the annexes referred to in § 5 (4) (a) and (i) to (k) of the Act, where it carries out packaging, also in § 5 (4) (b) of the Act;
(d) the carrier of the annexes referred to in § 5 (4) (i) and (k) of the Act;
(e) the importer of the Annex referred to in § 5 (4) (a) and (g) to (k) of the Act, if carrying out packaging, also in § 5 (4) (b) of the Act; and
(f) the primary producer producing compound feedingstuffs, an annex referred to in Section 5 (4) (a) of the Act.
(3) Where an applicant for approval of operations also carries out activities subject to registration, it shall also attach the annexes referred to in paragraph 2.
Feed data
(K § 4 (10) and § 5 (10) of the Act)
(1) The applicant for approval or registration of operations for production in the Annex concerning feed data shall indicate:
(a) in the case of feed materials and feed additives, the group and species, and, where appropriate, their trade names;
(b) in the case of compound feedingstuffs, the animal species for which they are intended; are
1. food-producing animals,
2. food-producing animals other than ruminants and fish;
3. ruminants,
4. fish,
5. non-food producing animals; and
6. carnivorous fur animals,
(c) particulars of the use of feed materials of animal origin,
(d) the method of testing for new feed materials, unless it is specified in Commission Regulation (EC) No 152 / 2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feedingstuffs; and
(e) particulars of the veterinary medicinal products or intermediate products used when the manufacture of medicated feedingstuffs is requested.
(2) The applicant for approval or registration of operations for placing on the market of feed products in the Annex concerning feed data shall indicate:
(a) groups of feed materials,
(b) for additives of category and functional group,
(c) in the case of compound feedingstuffs, the species for which they are intended; the animals are the animals referred to in paragraph 1 (b);
(d) the species of feed materials of animal origin and, where appropriate, the use of such feed in complete and complementary feedingstuffs; and
(e) a method of testing new feed materials, unless indicated in Commission Regulation (EC) No 152 / 2009.
(3) In the Annex concerning feed data in addition to those referred to in paragraph 2, the importer shall indicate the types of imported products for feeding, their composition and use and, where appropriate, the trade name for premixtures and compound feedingstuffs.
(4) The operator at the level of primary production producing compound feedingstuffs using additional feed in the Annex concerning feed data shall indicate:
(a) the species for which they are intended; and
(b) particulars of the use of feed materials of animal origin.
Verification of homogeneity of feed additives or premixtures
(K § 4 (10) and § 5 (10) of the Act)
(1) Homogeneity means a property which expresses the state of mixing of feed ingredients or premixture. The mixing plant shall allow the production of sufficiently homogeneous feed if the coefficient of variation, which means the degree of variability of feed constituents, does not exceed the following values:
(a) 5% for equipment for the production of premixtures;
(b) 8% for compound feedingstuffs containing coccidiostats, histomonostats or veterinary medicinal products; or
(c) 10% for establishments producing other feedingstuffs.
(2) The operator shall demonstrate the effectiveness of the mixing device with regard to homogeneity by means of a document containing:
(a) the name and address of the operation;
(b) the type of mixing device, the serial number and the year of manufacture;
(c) the name of the manufacturer of the mixing device;
(d) the mixing time and the number of revolutions of the stirring element; and
(e) a homogeneity document accompanying the manufacturer of the mixing plant as part of the technical documentation or the operator's declaration that he has demonstrated the effectiveness of the mixing plant as regards homogeneity in accordance with Annex II, point 3 (b) of Regulation (EC) No 183 / 2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene.
(3) Verification of homogeneity of the feed product shall be carried out by the operator on a regular basis, depending on the quantity and type of product produced, at least every 2 years, for medicated feed and intermediate products at least once a year.
(4) The method of verification of homogeneity will be published by the Institute on its website.
Certificate of competence
(K § 6 (4) of the Act)
(1) The professional competence certificate shall be issued by the Institute to:
(a) the production of additives to applicants with higher education obtained through the master's study programme in the field of biology, chemistry, biotechnology, pharmacy, medicine, veterinary medicine, food or agriculture, and with professional experience of a minimum of 2 years in the manufacture or use of additives;
(b) production of premixtures
1. applicants with a university degree obtained through a master's study programme in the field of agriculture or veterinary medicine; or
2. applicants with a university degree obtained through a master's or bachelor's programme in the field of biology and with professional experience of a minimum duration of 2 years in the manufacture or placing on the market of premixtures or complete and complementary feedingstuffs using additives or using premixtures;
(c) the production of feed using additives or premixtures by an applicant with a secondary education with a graduate examination in the group of education of food industry and food chemistry, in the group of education of agriculture and forestry and in the group of education of veterinary and veterinary prevention and with a minimum of 2 years of professional experience in the production of feed using additives or premixtures, or by an applicant meeting the conditions laid down in point (b);
(d) the placing on the market of additives and premixtures by an applicant with a secondary education with a graduate examination.
(2) The certificate of competence of the person responsible for the production of medicated feed or intermediate products3) is issued by the Institute to applicants with a higher education degree obtained through the completion of a master's or bachelor's programme in the field of pharmacy, medicine, veterinary medicine, chemistry, agriculture or biology, and with a minimum of 2 years of professional experience in the manufacture or preparation of medicinal products or in the manufacture of medicated feed or intermediate products.
(3) The certificate of competence of the person responsible for checking the quality of medicated feed or intermediate products3) is issued by the Institute to applicants with a higher education degree obtained through the completion of a master's or bachelor's programme in the field of pharmaceuticals, medicine, veterinary medicine, chemistry, agriculture or biology, and with a minimum of 2 years of professional experience in the production of feedingstuffs using additives or premixtures, manufacture or preparation of medicinal products, or in the manufacture of medicated feed or intermediate products.
Mobile feed plant
[Paragraph 7 (7) (b) of the Law]
The feed mobile plant operator, including the registered or approved operator in another Member State that places feed on the market in the Czech Republic, shall submit to the Institute a timetable for the production of feed containing the expected period of operation, the date, hour and place of manufacture, the types of feed produced and the registration mark of the vehicle of the mobile feed factory.
Risk control in primary producers
[Paragraph 7 (7) (c) of the Law]
In plants / activities at the level of primary production, the operator shall prevent the formation of:
(a) physical danger - in particular the intrusion of foreign bodies into products such as wood, metals, polluting products of plant origin;
(b) biological hazards, in particular:
1. the development of pathogenic micro-flora, in particular from soil and water, salmonella,
2. the formation of mycotoxins produced by fungi, in particular aflatoxins, fumonisins, or
3. pests, in particular the risk of introduction of insect diseases, wild birds and rodents;
(c) chemical hazards which are in particular:
1. heavy metals, in particular arsenic, cadmium, lead, mercury,
2. prohibited substances and products listed in Regulation (EC) No 767 / 2009 of the European Parliament and of the Council and undesirable substances and products listed in directly applicable European Union2); or
3. incorrect use of additives in feedingstuffs.
Category of feed materials for labelling feed for non-food-producing animals except fur animals
[K § 3 (6) (c) of the Act]
The names of the categories of feed materials which may replace the specific name of the feed material in the labelling of feed for non-food-producing animals, except fur animals, are set out in Annex 4 to this Decree.
Conditions for storage of bulk feedingstuffs on agricultural land
[K § 3 (6) (f) of the Act]
(1) Bulk feedingstuffs such as silage or Senate intended exclusively for the feeding of livestock (hereinafter referred to as "bulk feedingstuffs") may be stored in bulk on agricultural land provided that:
(a) their storage is temporary, one-off and emergency for a maximum period of 8 months to bridge the shortage of standard storage sites;
(b) their weight does not exceed 200 tonnes and have been harvested from an area not exceeding 10 ha;
(c) the location for their storage ("storage") shall be:
1. on an area which is not part of the declared specially protected territory (5) and is located at a distance of at least 50 m from its border or its protection zone;
2. at least 50 m away from surface water and water source protection zones (6),
3. placed on a plot with a maximum inclination of up to 5 degrees,
4. located on the land (part of the soil block part) which is not mixed by drainage, is not contaminated with soil defined by main soil units 65 to 767), is not light sandy soil or soil on very permeable soil defined by main soil units 04 and 057); and
5. secured in such a way as to avoid penetration of Senate or silage into the soil and thereby damage the biological, physical and chemical properties of agricultural soils (8) and to endanger the quality of surface or groundwater;
(d) the agricultural land on which bulky fodder is stored shall be placed in its original state within 1 year of the start of storage and storage of bulky fodder on the agricultural land shall be notified to the authority responsible for the protection of the agricultural soils under the special legislation8);
(e) are consumed for feeding livestock; and
(f) the place and time of their storage and removal from storage have been notified in writing to the competent authority of the water authority.
(2) The dry matter of plant material stored for storage on agricultural land must be more than 33% throughout the storage period.
(3) The storage facility shall be covered in such a way that precipitation or surface water cannot enter it and the leakage of silage and liquid lees outside the storage site must be prevented. Covering must be ensured throughout the storage period of bulk feedingstuffs on agricultural land in accordance with the previous sentence. In addition, the disposal of bulk feed must be avoided.
(4) At the same place, bulk feedingstuffs may be stored on agricultural land at least four years after the end of removal from storage.
(5) When removal from storage, it shall be ensured that there is no contamination of bulk feed by soil and subsequent feeding of such contaminated bulk feed to animals.
(6) Each repository must be recorded (9), to which the date of establishment, the dry matter and the quantity of material stored and the date of removal from storage are recorded.
(7) In addition to the conditions laid down in paragraphs 1 to 6, when bulk feedingstuffs are re-stored in the same place or on agricultural land for more than 8 months, it shall be ensured that bulk feedingstuffs:
(a) are stored in places suitable for their storage, approved in an emergency plan prepared in accordance with Section 39 of the Water Act; and
(b) are not stored on agricultural land for more than 12 months from the date of deposit.
Transitional provision
Proceedings initiated before the date of entry into force of this Order shall be completed in accordance with Decree No. 356 / 2008 Coll., as effective before the date of entry into force of this Order.
Repeal
The following shall be deleted:
1. Decree No. 356 / 2008 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended.
2. Decree No. 178 / 2009 Coll., amending Decree No. 356 / 2008 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended.
3. Decree No. 169 / 2010 Coll., amending Decree No. 356 / 2008 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended, as amended, as amended by Decree No. 178 / 2009 Coll.
4. Decree No. 336 / 2010 Coll., amending Decree No. 356 / 2008 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended, as amended.
5. Decree No. 198 / 2011 Coll., amending Decree No. 356 / 2008 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended, as amended.
6. Decree No. 25 / 2012 Coll., amending Decree No. 356 / 2008 Coll., implementing Act No. 91 / 1996 Coll., on Feed, as amended, as amended.
Efficacy
This decree shall take effect on the 15th day following its publication.
Minister:
Ing. Jurečka v. r.
Příloha č. 1
Annex No 1 to Decree No 295 / 2015 Coll.
List of warehouse pests
A. Blanoptera (Hymenoptera):
Faraon ant (Monomorium pharaonis);
B. Beetles (Coleoptera) for example:
1. mushroom beetle (Typhaea stercorea)
2nd paniceum (Stegobium paniceum)
3rd tobacco worm (Lasioderma serricorne)
4. warehouse cornatec (Tenebroides mauritanicus)
5.
6. fish of the species Dermestes lardarius
7. kožojest (Trogoderma granarium)
8.
9th warehouse forester (Oryzaephilus surinamensis)
10.
11. warehouse mallet (Necrobia rufipes)
12. black sawfish (Sitophilus granarius)
13. rice filoupe (Sitophilus oryzae)
14. brown cloud (Tribolium castaneum)
15. stormboard (Tribolium confusum)
16. flour cloud (Tenebrio molitor)
17th storehouse busboy (Trogoderma granarium)
18. malignant drill (Ptinus fur)
19. Beans (Acanthhoscelides obtectus)
20. Peas (Brucha pisorum);
C. butterflies (Lepidoptera) for example:
1. grain mackerel (Sitotroga cereallela)
2. grain mole (Nemapogon granella)
3rd mole of clothing (Tineola bisselliella)
4. flour-closing agent (Ephestia kuehluella)
5. paprika (Plodia punctella)
6. warehouse keeper (Ephestia elutella);
D. Psocoptera:
Anchovy (Liposcelis corrodens);
E. Precious mite (Cheyletus eruditus) - can be used for biological slimming of flour mite or destructive mite;
F. mites (Acarina) for example:
1. flour mite (Acarus siro)
2. destruction mite (Lepidoglyphus destructor);
G. cockroaches (Blattaria) for example:
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Regulation Information
| Citation | Decree No. 295 / 2015 Coll., on the implementation of certain provisions of the law on feedingstuffs |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.2015 |
|---|---|
| Effective from | 24.11.2015 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Agriculture
The regulation text is for informational purposes only.
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