Feed (Specified Undesirable Substances) (England) Regulations 2006

The relevant EC measures are:

• Directive 2005/86/EC of 5 December 2005 on camphechlor
• Directive 2005/87/EC of 5 December 2005 on lead, fluorine and cadmium
• Directive 2006/13/EC of 3 February 2006 on dioxins and dioxin-like PCBs

Stakeholders are invited to comment in general on the draft Regulations, the partial RIA and on the issues raised in this consultation.

Undesirable substances, as defined in regulation 2 of the Feeding Stuffs (England) Regulations 2005, are generally
(a) naturally occurring environmental contaminants that are present at low levels in feed and food products, particularly vegetable crops drawing nutrients directly from the soil; and
(b) process contaminants that may be introduced into the feed either during or as a consequence of its treatment, manufacture and storage.

The setting of maximum permitted levels (MPLs) for undesirable substances through Commission Directives 2005/86/EC, 2005/87/EC and 2006/13/EC is considered to be an important safeguard in the protection of animal and human health. The MPLs are set out in Annex I to Directive 2002/32/EC, the most recent consolidation of EC undesirable substances legislation, and have been amended a number of times since the Directive was adopted in 2002. The three Commission Directives named in the paragraph headed 'Consultation details' above further amend the Annex with respect to camphechlor, lead, fluorine, cadmium, dioxins and dioxin-like PCBs.

Camphechlor, a pesticide banned in the EU, is still found at very low levels in the environment, particularly the marine environment. Lead is present in many environments and, like cadmium, can be present in certain feed additives and premixtures. Fluorine is an essential element in animal nutrition, but excess exposure can produce adverse effects on teeth and bones. In addition, dioxin and dioxin-like PCBs are persistent environmental pollutants of historic origin that do not degrade easily.

The Directives have been adopted following the adoption and publication of Opinions on these undesirable substances by a scientific panel of the European Food Safety Authority (EFSA), which took over some of the responsibilities of the former Scientific Committee on Animal Nutrition (SCAN). SCAN had previously been engaged in a review of the MPLs for undesirable substances, as many had been established some years previously and had never been subjected to re-assessment in the light of current scientific evidence.

Further details of the changes are set out in Section 2 of the attached Regulatory Impact Assessment (RIA).

Commission Directive 2005/86/EC of 5 December 2005 and Commission Directive 2005/87/EC of 5 December 2005 amending Annex I to Directive 2002/32/EC were published in the Official Journal of the European Committees, issue number L318 of 6 December 2005. Commission Directive 2006/13/EC of February 2006 amending Annexes I and II to Directive 2002/32/EC was published in the Official Journal, issue number L32 of 4 February 2006. An index of the Official Journal can be found on the European Commission website

There will be separate but parallel Regulations for Scotland, Wales and Northern Ireland, which will be subject to separate consultations.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk