DIRECTIVES  
COMMISSION DIRECTIVE 2009/141/EC  
of 23 November 2009  
amending Annex I to Directive 2002/32/EC of the European Parliament and of the Council as 
regards maximum levels for arsenic, theobromine,  Datura  sp.,  Ricinus communis  L., Croton tiglium  
L. and  Abrus precatorius  L. 
(Text with EEA relevance)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing the European 
Community,  
Having regard to Directive 2002/32/EC of the European 
Parliament and of the Council of 7 May 2002 on undesirable 
substances in animal feed (  1 ), and in particular Article 8(1) 
thereof,  
Whereas:  
(1) Directive 2002/32/EC provides that the use of products 
intended for animal feed which contain levels of un- 
desirable substances exceeding the maximum levels laid 
down in Annex I to that Directive is prohibited.  
(2) As regards feedingstuffs obtained from the processing of 
fish or other marine animals, recent information 
provided by competent authorities of the Member 
States on the presence of total arsenic (sum of organic 
and inorganic arsenic) indicates that it is necessary to 
increase certain maximum levels for total arsenic. By- 
products of the fish filleting industry are valuable raw 
materials for the production of fish meal and fish oil 
for use in compound feed, in particular fish feed.  
(3) The increase of the maximum levels for total arsenic in 
feedingstuffs obtained from the processing of fish or 
other marine animals and feedingstuffs for fish entails 
no change in the maximum levels for inorganic arsenic. 
Since the potential adverse effects of arsenic to animal 
and human health are determined by the inorganic 
fraction in a given feed or food product and the 
organic arsenic compounds exhibit a very low toxic 
potential (  2 ), the increased levels for total arsenic do 
not affect the protection of animal and public health.  (4) In Annex I to Directive 2002/32/EC, arsenic refers to 
total arsenic for the purpose of setting maximum 
levels, since there is no standardised routine method 
for the analysis of inorganic arsenic. But for cases in 
which the competent authorities request an analysis of 
the content of inorganic arsenic, that Annex sets out a 
maximum level for inorganic arsenic.  
(5) As the extraction method has in some cases a significant 
influence on the analytical result on total arsenic, it is 
appropriate to specify an extraction procedure for 
reference to be used for official control.  
(6) Information provided by competent authorities and 
stakeholder organisations indicate significant levels of 
arsenic in additives belonging to the functional group 
of compounds of trace elements, authorised in appli ­
cation of Regulation (EC) No 1831/2003 of the 
European Parliament and of the Council (  3 ). It is appro ­
priate to establish maximum levels for arsenic in these 
additives to protect animal and public health.  
(7) As regards theobromine, the European Food Safety 
Authority (EFSA) concluded in its opinion of 10 June 
2008 (  4 ) that the current maximum levels for theo ­
bromine may not fully protect some animal species. It 
pointed out possible adverse effects on pigs, dogs and 
horses and on milk production in dairy cows. It is 
therefore appropriate to establish lower maximum levels.  
(8) As regards alkaloids in  Datura  sp., EFSA concluded in its 
opinion of 9 April 2008 (  5 ) that, since tropane alkaloids 
are present in all  Datura  sp., it is appropriate for the 
protection of animal health, in particular for pigs, to 
extend the maximum levels for  Datura stramonium  L., as 
set out in Annex I to Directive 2002/32/EC, to all  
Datura  sp.EN L 308/20 Official Journal of the European Union 24.11.2009  
( 1 ) OJ L 140, 30.5.2002, p. 10.  
( 2 ) Scientific Opinion of the Panel on contaminants in the Food Chain 
of the European Food Safety Authority (EFSA) on a request from the 
European Commission related to arsenic as undesirable substances in 
animal feed,  The EFSA Journal  (2005) 180, 1-35.  ( 3 ) OJ L 268, 18.10.2003, p. 29.  
( 4 ) Scientific Opinion of the Panel on Contaminants in the Food Chain 
on a request from the European Commission on theobromine as 
undesirable substances in animal feed.  The EFSA Journal  (2008) 725, 
1-66.  
( 5 ) Scientific Opinion of the Panel on Contaminants in the Food Chain 
on a request from the European Commission on Tropane alkaloids 
(from  Datura  sp.) as undesirable substances in animal feed.  The EFSA 
Journal  (2008) 691, 1-55.(9) As regards ricin (from  Ricinus communis  L.), EFSA 
concluded in its opinion of 10 June 2008 (  1 ) that, 
given the similar toxic effects of the toxins from  
Ricinus communis  L. (ricin),  Croton tiglium  L. (crotin) and  
Abrus precatorius  L. (abrin), it is appropriate to apply the 
maximum levels for  Ricinus communis  L., as set out in 
Annex I to Directive 2002/32/EC, also to  Croton tiglium  
L. and  Abrus precatorius  L., separately or in combination.  
(10) Directive 2002/32/EC should therefore be amended 
accordingly.  
(11) The measures provided for in this Directive are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health and 
neither the European Parliament nor the Council has 
opposed them,  
HAS ADOPTED THIS DIRECTIVE:  
Article 1  
Annex I to Directive 2002/32/EC is amended in accordance 
with the Annex to this Directive.  
Article 2  
Member States shall bring into force the laws, regulations and 
administrative provisions necessary to comply with this Directive by 1 July 2010 at the latest. They shall forthwith 
communicate to the Commission the text of those provisions 
and a correlation table between those provisions and this 
Directive.  
When Member States adopt those provisions, they shall contain 
a reference to this Directive or be accompanied by such a 
reference on the occasion of their official publication. Member 
States shall determine how such reference is to be made.  
Article 3  
This Directive shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
Article 4  
This Directive is addressed to the Member States.  
Done at Brussels, 23 November 2009.  
For the Commission  
Androulla VASSILIOU  
Member of the CommissionEN 24.11.2009 Official Journal of the European Union L 308/21  
( 1 ) Scientific Opinion of the Panel on Contaminants in the Food Chain 
on a request from the European Commission on ricin (from  Ricinus 
communis ) as undesirable substances in animal feed.  The EFSA Journal  
(2008) 726, 1-38.ANNEX  
Annex I to Directive 2002/32/EC is amended as follows:  
1. Row 1, Arsenic, is replaced by the following:  
Undesirable substances  Products intended for animal feed  Maximum content in mg/kg 
(ppm) relative to a 
feedingstuff with a moisture 
content of 12 %  
(1) (2)  (3)  
‘1. Arsenic (*) (**)  Feed materials with the exception of:  2  
— meal made from grass, from dried 
lucerne and from dried clover, and 
dried sugar beet pulp and dried 
molasses sugar beet pulp,  4 
— palm kernel expeller,  4 (***)  
— phosphates and calcareous marine algae,  10  
— calcium carbonate,  15  
— magnesium oxide,  20  
— feedingstuffs obtained from the 
processing of fish or other marine 
animals, including fish,  25 (***)  
— seaweed meal and feed materials derived 
from seaweed,  40 (***)  
Iron particles used as tracer.  50  
Additives belonging to the functional group 
of compounds of trace elements except:  30 
— copper sulphate pentahydrate and copper 
carbonate,  50 
— zinc oxide, manganese oxide and copper 
oxide,  100  
Complete feedingstuffs with the exception 
of: 2 
— complete feedingstuffs for fish and 
complete feedingstuffs for fur animals,  10 (***)  
Complementary feedingstuffs with the 
exception of:  4 
— mineral feedingstuffs,  12  
(*) The maximum levels refer to total arsenic. 
(**) Maximum levels refer to an analytical determination of arsenic, whereby extraction is performed in nitric acid (5 % w/w) f or 30 
minutes at boiling temperature. Equivalent extraction procedures can be applied for which it can be demonstrated that the used 
extraction procedure has an equal extraction efficiency. 
(***) Upon request of the competent authorities, the responsible operator must perform an analysis to demonstrate that the cont ent of 
inorganic arsenic is lower than 2 ppm. This anal ysis is of particular importance for the seaweed species  Hizikia fusiforme .’EN L 308/22 Official Journal of the European Union 24.11.20092. Row 10, theobromine, is replaced by the following:  
Undesirable substances  Products intended for animal feed  Maximum content in mg/kg 
(ppm) relative to a 
feedingstuff with a moisture 
content of 12 %  
(1) (2)  (3)  
‘10. Theobromine  Complete feedingstuffs with the exception 
of: 300  
— complete feedingstuffs for pigs,  200  
— complete feedingstuffs for dogs, rabbits, 
horses and fur animals,  50’ 
3. Row 14, Weed seeds and unground and uncrushed fruits containing alkaloids, glucosides or other toxic substances, is 
replaced by the following:  
Undesirable substances  Products intended for animal feed  Maximum content in mg/kg 
(ppm) relative to a 
feedingstuff with a moisture 
content of 12 %  
(1) (2)  (3)  
‘14. Weed seeds and unground and 
uncrushed fruits containing alkaloids, 
glucosides or other toxic substances 
separately or in combination 
including.  All feedingstuffs  3 000  
Datura  sp. 1 000’  
4. Row 15, Castor oil plant –  Ricinus communis  L., is replaced by the following:  
Undesirable substances  Products intended for animal feed  Maximum content in mg/kg 
(ppm) relative to a 
feedingstuff with a moisture 
content of 12 %  
(1) (2)  (3)  
‘15. Seeds and husks from  Ricinus 
communis  L.,  Croton tiglium  L. and  
Abrus precatorius  L. as well as their 
processed derivatives (****), separately 
or in combination.  All feedingstuffs  10  
(****) In so far determinable by analytical microscopy.’  
5. Row 34, Croton –  Croton tiglium  L., is deleted.EN 24.11.2009 Official Journal of the European Union L 308/23