Proposal for a Regulation of the European Parliament and of the Council on the placing on the market and use of feed {SEC(2008) 275} {SEC(2008) 276}
Date: 2008-03-03
Institutions: European Commission
Subjects: animal nutrition, food safety, foodstuffs legislation, labelling, marketing standard, raw material, simplification of formalities, simplification of legislation, traceability

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.3.2008 
COM(2008) 124 final 

2008/0050 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the placing on the market and use of feed 

{SEC(2008) 275} 
{SEC(2008) 276} 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context 

Animal production contributes almost half to the output of the agricultural output in 
the  EU.  Feed  is  the  major  cost  factor  for  the  5  million  livestock  farmers  in  the 
Community.  The  marketing  conditions  for  feed  have  a  crucial  impact  on  the 
competitiveness  of  the  livestock  sector.  The  other  important  feed  area  is  pet  food, 
which is bought regularly by more than 60 million households in the EU keeping pet 
animals. The EU compound feed industry including pet food has an annual turn over 
of almost 50 billion €, not accounting the feed material business. 

The label serves on the one hand for enforcement, traceability and control purposes 
and  on  the  other  hand  to  pass  information  to  the  user.  Being  the  crucial  mean  of 
communication  between  vender  and  purchaser  labelling  should  be  as  simple  and 
clear  as  possible.  The  mandatory  requirements  should  be  checked  against  what  is 
necessary to enable the average user to an informed choice. Labelling of feed should 
be  seen  in  the  wider  context  of  user  information.  The  purchase  of  feed  for  farm 
animals is nowadays a business to business activity. 

Objectives of the proposal 

The  project  is  included  in  the  Commission’s  rolling  programme  of  simplification. 
Thus,  with  the  prerequisite  of  assuring  the  high  level  of  feed  and  food  safety 
achieved  in  the  Community  the  general  objectives  are  to  consolidate,  revise  and 
modernise  the  Directives  on  the  circulation  and  labelling  of  feed  materials  and 
compound feed. The simplification of the existing rules shall not jeopardise the high 
level  of  the  protection  of  animal  health.  The  proposal  shall  achieve  legal  clarity,  a 
harmonised  implementation  and  facilitate  the  smooth  functioning  of  the  internal 
market. To increase the competitiveness of the EU feed and farming sector, technical 
requirements  shall  be  simplified  and  unnecessary  administrative  burden  removed. 
Further, users of feed shall be empowered to make an informed choice without being 
misled. 

In  concrete,  the  operational  objective  on  the  issue  of  feed  material  listing  is  the 
smooth  functioning  of  the  internal  market  by  clear  designations  and  proper 
information  of  the  customer.  Concerning  authorisation  procedures  it  is  aimed  to 
ensure that requirements of pre-market authorisations are proportionate to risk and to 
assure  that  emerging  feed  materials  are  adequately  specified  for  a  proper  use.  For 
compound  feed  increased  innovation  and  competitiveness  shall  be  achieved  by 
reducing  unnecessary  labelling  requirements.  Concerning  pet  food  the  operational 
objective  is  to  improve  the  appropriateness  of  the  pet  food  labels  to  enable  the 
purchaser of the pet food to prevent misleading labelling. 

EN 

2 

   EN 

 
Existing provisions in the area of the proposal 

Council Directive 79/373/EEC lays down the rules for the circulation of compound 
feedingstuffs.  As  a  special  kind  of  compound  feed,  Council  Directive  93/74/EEC 
lays down the principles for feedingstuffs intended for particular nutritional purposes 
(“dietetic  feeds”).  Council  Directive  96/25/EC  contains  the  general  rules  for  the 
circulation  and use of feed materials. Council Directive  82/471/EEC  lays down the 
marketing conditions for the so called “bio-proteins” (certain products used in animal 
nutrition)  belonging  to  the  category  feed  materials.  Further,  Council  Directive 
93/113/EC  provides  for  rules  on  the  use  and  marketing  of  enzymes,  micro- 
organisms and their preparations in animal nutrition and the still valid Article 16 of 
the besides repealed Council Directive 70/524/EEC lays down the provisions for the 
labelling of feed additives incorporated in compound feed. 

These  legal  provisions  are  implemented  by  Commission  Directive  80/511/EEC 
authorising,  in  certain  cases,  the  marketing  of  compound  feedingstuffs  in  unsealed 
packages  or  containers,  Commission  Directive  82/475/EEC  laying  down  the 
categories of ingredients which may be used for the purposes of labelling compound 
feedingstuffs for pet animals, Commission Directive 94/39/EC, establishing a list of 
intended  uses  of  animal  feedingstuffs  for  particular  nutritional  purposes  and 
Commission Decision 2004/217/EC adopting a list of materials whose circulation or 
use for animal nutrition purposes is prohibited ("negative list"). 

The  proposal  streamlines,  simplifies,  updates  and  modernises  the  above  mentioned 
provisions 

Consistency with the other policies and objectives of the Union 

The  proposal  is  in  line  with  the  Commission's  Better  Regulation  Policy  and  the 
Lisbon  Strategy.  The  emphasis  is  on  simplifying  the  regulatory  process,  thus 
reducing  the  administrative  burden  and  improving  the  competitiveness  of  the 
European food industry, while ensuring the safety of food, maintaining high level of 
public health protection and taking global aspects into consideration. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

The opinion of Member States, Third  Country representatives and  stakeholders has 
been sought through consultations, meetings or during bilateral contacts since 2002 
with increasing intensity. 

In  2003  the  Commission  assigned  an  external  contractor  to  carry  out  a  study  on  a 
revision of certain parts of the feed legislation. The final report entitled “Assessment 
of the possible adoption of a new proposal recasting legislation on feed labelling and 
amending  the  authorisation/withdrawal  procedure  for  some  categories  of  feed 
materials” was presented in June 2004. 

In November 2005, the Commission launched with the general public an Interactive 
Policy Making consultation in order to collect information on the possible impacts of 
the main issues under consideration for the revision of the current legislation.  

EN 

3 

   EN 

 
In January and February 2007, panel discussions were held with the Member States 
in  the  margins  of  the  Standing  Committee  on  the  Food  Chain  and  Animal  Health, 
with  the  European  Food  Safety  Authority  and  with  stakeholders  represented  in  the 
Advisory Group on the Food Chain and Animal and Plant Health. On elements of the 
draft  legislative  proposal,  the  Member  States  have  been  consulted  in  two  full  day 
working group meetings in June and July 2007. 

Impact assessment 

For  each  of  the  important  policy  actions  proposed  in  the  draft  Regulation,  as 
appropriate,  several  options  ranging  from  repealing  requirements  (de-regulation), 
maintaining  the  status  quo,  adding  new  mandatory  measures  to  delegating 
responsibility  to  stakeholders  (co-regulation)  have  been  examined  with  regard  to 
their  economic,  social  and  environmental  impact  on  the  various  stakeholders  and 
authorities. 

The Commission carried out an Impact Assessment the report of which is presented 
in parallel to this proposal as a Commission Staff Working Paper. It is also available 
at http://ec.europa.eu/food/food/animalnutrition/labelling/index_en.htm 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

Adoption  of  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the 
placing on the market and use of feed. Replacing the existing legislation in the field 
of marketing and use of certain feed, it simplifies and modernises the provisions to 
assure  adequate  information  of  users  and  consumers  whilst  ensuring  the  effective 
functioning of the internal market, based on the protection of public health. 

Legal basis 

Articles 37 and 152(4) of the EC Treaty. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States 
for the following reasons: 

The core of the community action is setting the conditions for the circulation and use 
of feed within the EU which can not be appropriately addressed by MS alone if the 
common internal market shall function smoothly; experience shows that differences 
in  the  transposition  of  the  Directives  by  Member  States  hinder  a  harmonised 
common market i.e. the free movement of feed. Further, the Union has the right to 
act in order to improve productivity and income of the European agriculture through 
uniform production conditions. 

EN 

4 

   EN 

 
Individual action by Member States could lead to differing levels of feed/food safety 
and confuse consumers. E.g. a fully harmonised legislation on the circulation of feed 
will ease the feed recalls after detection of a risk. 

EU  action  is  justified  to  pursue  the  effective  functioning  of  the  internal  market  in 
relation  to  circulation  and  use  of  feed  with  respect  to  the  competitiveness  of  the 
European feed business and livestock farming. Additionally, harmonised rules are in 
the interest of the European feed users to be appropriately informed. 

The proposal therefore complies with the subsidiarity principle. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The  proposal  harmonises  the  regulatory  framework  for  the  marketing  and  use  of 
certain  feed  and  thus  contributes  to  the  functioning  of  feeding  sector  in  the  EU. 
Under  the  prerequisite  of  ensuring  feed/food  safety,  the  proposed  legislative 
measures  had  been  scrutinised  in  comparing  the  expected  benefits  with  the 
drawbacks. Moreover in each field it has been thoroughly evaluated that the concrete 
measures do not impose an excessive or unjustified burden. 

The  absence  of  harmonisation  would  retain  individual  national  marketing  and 
production conditions. Administrative burden is reduced. 

Choice of instruments 

Proposed instrument: One Regulation 

Considering  that  the  simplification  is  a  crucial  element  of  the  proposal,  the  use  of 
regulations is deemed generally supportive to simplify because it guarantees that all 
actors  have  to  follow  at  the  same  time  the  same  rules  (Commission  simplification 
communication COM (2005)535).  

Other means would not be adequate for the following reasons. 

The Community has developed extensive requirements relating to the circulation and 
use  of  feed.  These  are  still  laid  down  in  several  Directives  with  many  cross 
references  and  overlaps  within  each  other.  However,  the  requirements  were  either 
adopted  as  a  scattered  response  to  the  needs  of  the  Internal  Market  or  the 
Communities objective to increase feed and food safety. This has resulted in a series 
of different regimes, which can only be justified for historical reasons.  

Further,  the  national  implementation  of  the  Directives  lead  to  disharmonised 
marketing conditions resulting in barriers in internal EU-trade as proved by several 
ECJ-cases.  The  issue  of  different  qualifications  of  certain  feed  is  chronically 
preoccupying  businesses,  national  and  EU-authorities  including  the  Courts.  A 
uniform classification is hindered as long as the Community rules are laid down in 
Directives.  

EN 

5 

   EN 

 
Finally,  the  various  amendments  made  to  the  Directives  concerned  were  actually 
drafted in such a way that no real "marge de manoeuvre" was left to the MS for the 
transposition, thus being more "Regulation-like" than in the spirit of Directives. The 
aim was precisely to avoid divergences in the application by MS. For several years, 
Community  legislation  in  the  field  of  animal  nutrition  is  drafted  in  this  way, 
responding to the need of legal certainty wanted by the operators and also often by 
Member States. 

To resume, a new comprehensive Regulation would introduce consistency and clarity 
throughout the EU feed sector. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget.  

5. 

ADDITIONAL INFORMATION 

Simplification 

The proposal provides for simplification of legislation, administrative procedures for 
public authorities (EU or national) and administrative procedures for private parties. 

Repealing  unnecessary  possibilities  for  the  Member  States  to  derogate  nationally 
from  the  general  provisions  and  upgrading  useful  derogations  onto  the  mandatory 
European  level  streamlines  the  legislation  and  increases  transparency  for  the 
concerned parties. The wording will be updated and clarified. 

The proposal is included in the Commission's simplification rolling programme and 
its Work and Legislative Programme 2007 under the reference 2007/SANCO/004. 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
European Economic Area. 

Detailed explanation of the proposal 

Chapter 1 – Introductory provisions 

The  provisions  for  circulation  and  use  of  feed  materials  and  compound  feed  shall 
assure  the  level  of  feed/food  safety  whilst  providing  for  a  modern  market 
environment  for  stakeholders.  In  doing  so,  the  existing  horizontal  and  special 
legislation in related areas has to be respected. Clear definitions of the different kinds 
of feed and expressions are crucial to achieve the objectives. 

Chapter 2 – General requirements 

General safety and marketing requirements shall be established for all feed. Special 
obligations  for  manufactures  and  other  operators  are  laid  down  to  allow  proper 
control actions and feed safety measures. 

EN 

6 

   EN 

 
The  Commission  shall  be  empowered  to  maintain  and  update  a  list  of  materials 
whose placing on the market is prohibited. 

Chapter 3 – Placing on the market of specific types of feed 

Impurity  criteria  for  feed  materials  shall  be  laid  down  and  in  order  to  differentiate 
feed  materials  from  other  types  of  feed  the  Commission  shall  be  entitled  to  issue 
guidelines. 

A  clarification  for  complementary  feed  is  particularly  important  concerning  the 
maximum content of feed additives. 

The  provisions  for  feed  intended  for  particular  nutritional  purposes  (dietetic  feed) 
shall  be  maintained  with  the  possibility  to  update  the  list  of  authorisations  in 
Comitology after consultation of the European Food Safety Authority, if necessary. 

Chapter 4 – Labelling, presentation and packaging 

The  general  labelling  provisions  for  all  feed  materials  and  compound  feed  shall 
assure  accuracy  and  appropriateness.  The  responsibility  for  the  correctness  of  the 
labelling  along  the  food  chain  has  to  be  clarified.  Claims  have  to  be  scientifically 
substantiated on request of the control authorities. 

The general mandatory labelling requirements shall be equal for feed materials and 
compound  feed.  The  indication  of  feed  additives  shall  be  based  on  safety 
classification. For pet food flexibility shall avoid that the customer is confused by the 
additive labelling. 

Appropriate  specific  mandatory  labelling  requirements  shall  be  laid  down  for  feed 
materials, compound feed and dietetic feed. 

The feed user shall have the right to get on his initiative information supplementary 
to the mandatory labelling particulars. 

For contaminated feed special labelling requirements shall be established. 

Derogations  from  the  basic  and  special  labelling  requirements  shall  be  foreseen 
based on positive experiences in the past. 

The framework for voluntary labelling of compound feed for food producing animals 
and for pet food shall be laid down. 

Concerning the packaging of feed, the requirement to be placed on the market only in 
sealed containers shall be possibly derogated under certain conditions. 

The principles for the labelling shall apply as well to the presentation and advertising 
of feed. 

EN 

7 

   EN 

 
Chapter  5  –  Community  Catalogue  for  feed  materials  and  Codes  of  good  labelling 
practice 

in 

terms  of  market 

A more complete list of feed materials with proper product identification would be 
list  with 
favourable 
specifications  of  feed  materials  has  no  influence  on  feed  safety  and  that  the 
stakeholders are best aware which priorities in terms of which products to address at 
first  and  level  of  detail  listings,  it  is  proportionate  to  delegate  this  task  to  the 
stakeholders. 

transparency.  Considering 

that  a 

Based on the positive experience with the elaboration of industry guides to good feed 
hygiene practice and the justified interest of stakeholders to get engaged in the field, 
stakeholders  shall  be  encouraged  to  elaborate  Community  Codes  to  good  labelling 
practice within the framework of the voluntary labelling. 

The  Commission  shall  be  involved  in  the  elaboration  of  the  voluntary  Community 
Catalogue  and  the  Codes  in  an  advisory  and  finally  approving  way.  It  shall  be 
assured  that  all  relevant  stakeholders  are  involved  in  the  elaboration  of  theses 
instruments. 

Chapter 6 – General and final provisions 

Implementation  of the measures proposed in the  Regulation  will  be  adopted by  the 
Commission  in  accordance  with  the  regulatory  procedure  laid  down  in  Council 
Decision 1999/468/EC. 

The  labelling  of  premixtures  as  laid  down  in  Article  16  of  Regulation  1831/2003 
shall be amended in order to remedy some inconsistencies. 

Annexes: Technical provisions for the labelling of feed shall be laid down to provide 
necessary  specifications.  This  includes  concrete  mandatory  and  voluntary  labelling 
details for feed materials and compound feed. Further the tolerances for the control 
of the labelled particulars have to be laid down. 

EN 

8 

   EN 

 
2008/0050 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the placing on the market and use of feed 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 37 and 152(4)(b) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4,  

Whereas: 

(1) 

(2) 

1 
2 
3 
4 
5 

6 

The  pursuit  of  a  high  level  of  protection  of  human  and  animal  health  is  one  of  the 
fundamental objectives of food law, as laid down in Regulation (EC) No 178/2002 of 
the  European  Parliament  and  of  the  Council  of  28  January  2002  laying  down  the 
general  principles  and  requirements  of  food  law,  establishing  the  European  Food 
Safety  Authority  and  laying  down  procedures  in  matters  of  food  safety5.  That 
Regulation also established the farm-to-fork approach designating feed as a sensitive 
stage at the beginning of the food chain. 

Feed  can  be  categorised  in  feed  materials,  compound  feed,  feed  additives  and 
medicated feed. The rules for the marketing of feed additives are set out in Regulation 
(EC) No 1831/2003 of the European Parliament and of the Council of 22 September 
2003  on  additives  for  use  in  animal  nutrition6  and  for  medicated  feedingstuffs  in 
Council  Directive  90/167/EEC  of  26  March  1990  laying  down  the  conditions 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ  L  31,  1.2.2002,  p.  1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No  575/2006 
(OJ L 100, 8.4.2006, p. 3). 
OJ  L  268,  18.10.2003,  p.  29.  Regulation  amended  by  Commission  Regulation  (EC)  No 378/2005 
(OJ L 59, 5.3.2005, p. 8). 

EN 

9 

   EN 

 
                                                 
governing the preparation, placing on the market and use of medicated feedingstuffs in 
the Community7. 

The  existing  legislation  on  the  circulation  and  use  of  feed  materials  and  compound 
feed which includes pet food, namely Council Directive 79/373/EEC of 2 April 1979 
on  the  circulation  of  compound  feedingstuffs8,  Council  Directive  93/74/EEC  of 
13 September  1993  on  feedingstuffs  intended  for  particular  nutritional  purposes9 
("dietetic feed"), Council Directive 96/25/EC of 29 April 1996 on the circulation and 
use of feed materials10 and Council Directive 82/471/EEC of 30 June 1982 concerning 
certain products used in animal nutrition11 ("bio-proteins"), needs to be updated. The 
replacement of those Directives makes it necessary to replace Commission Directive 
80/511/EEC of 2 May 1980 authorising, in certain cases, the marketing of compound 
feedingstuffs in unsealed packages or containers12. 

As  a  consequence  of  the  replacement  of  Directive  79/373/EEC,  Council  Directive 
93/113/EC  of  14  December  1993  concerning  the  use  and  marketing  of  enzymes, 
micro- organisms and their preparations in animal nutrition13 should also be replaced. 
Furthermore,  the  repeal  of  Directive  79/373/EEC  implies  that  Article  16  of  Council 
Directive  70/524/EEC,  which  remained  in  force  after  the  repeal  of  Directive 
70/524/EEC by Regulation (EC) No 1831/2003, needs to be replaced by provisions for 
the labelling of feed additives incorporated in compound feed. 

As water is not covered by the definition of feed, as provided for in Community food 
and feed law and is not marketed for animal nutrition purposes, this Regulation should 
not include conditions for water used in animal nutrition. Instead, the use of water by 
feed  businesses  is  covered  by  Regulation  (EC)  No  183/2005  of  the  European 
Parliament and of the Council of 12 January 2005 laying down requirements for feed 
hygiene14.  

In  addition  to  the  requirements  for  feed  as  laid  down  in  Articles  15  and  16  of 
Regulation (EC) No 178/2002 and Article 4 of Regulation 183/2005 it is appropriate 
to  lay  down  special  safety  and  marketing  provisions  which  should  apply  as  well  to 
feed for non-food producing animals. 

The responsibilities of the feed business operators are laid down in Articles 17, 18 and 
20  of  Regulation  (EC)  No  178/2002.  Those  Articles  do  not  cover  feed  for  non  food 
producing  animals.  Recent  experiences  have  shown  that  these  feeds  can  undermine 
feed and food safety. Therefore, provision has to be made to extend those Articles to 
feed for non-food producing animals. 

OJ L 92, 7.4.1990, p. 42. 
OJ  L  86,  6.4.1979,  p.  30.  Directive  as  last  amended  by  Regulation  (EC)  No  807/2003  (OJ  L  122, 
16.5.2003, p. 36). 
OJ  L  237,  22.9.1993,  p.  23.  Directive  as  last  amended  by  Regulation  (EC)  No  806/2003  (OJ  L  122, 
16.5.2003, p. 1). 
OJ L 125, 23.5.1996, p. 35. Directive as last amended by Regulation (EC) No 806/2003. 
OJ L 213, 21.7.1982, p. 8. Directive as last amended by Commission Directive 2004/116/EC (OJ L 379, 
24.12.2004, p. 81). 
OJ L 126, 21.5.1980, p. 14. Directive as amended by Directive 98/67/EC (OJ L 261, 24.9.1998, p. 10). 
OJ L 334, 31.12.1993, p. 17. Directive as amended by Directive 97/40/EC (OJ L 180, 9.7.1997, p. 21). 
OJ L 35, 8.2.2005, p. 1. 

(3) 

(4) 

(5) 

(6) 

(7) 

7 
8 

9 

10 
11 

12 
13 
14 

EN 

10 

   EN 

 
                                                 
(8) 

(9) 

In order to enforce compliance with this Regulation, Member States are to  carry out 
official  controls  in  accordance  with  Regulation  (EC)  No  882/2004  of  the  European 
Parliament  and  of  the  Council  of  29  April  2004  on  official  controls  performed  to 
ensure  the  verification  of  compliance  with  feed  and  food  law,  animal  health  and 
animal  welfare  rules15.  Those  controls  should  cover  not  only  the  mandatory  but  also 
the voluntary labelling particulars. In order to allow controls of the compositional data, 
acceptable tolerances for the labelled values should be determined. 

To  manage  feed  safety  risks,  the  list  of  products  whose  placing  on  the  market  for 
animal  nutrition  purposes  is  prohibited,  as  provided  for  in  Commission  Decision 
2004/217/EC16,  should  be  maintained.  The  existence  of  such  a  list  should  not  mean 
that all products not listed can be considered to be safe. 

(10)  The  distinction  between  feed  materials,  feed  additives  and  veterinary  drugs  has 
implications on the conditions for placing on the market. Feed materials are in the first 
place  used  to  meet  animals`  needs,  for  example  for  energy,  nutrients,  minerals  or 
dietary fibres. They are usually not chemically well defined except for basic nutritional 
constituents. Effects justifiable by scientific assessment and reserved to feed additives 
or veterinary drugs should be excluded from the objective uses of feed materials. It is 
appropriate to elaborate guidelines for the distinction between the kinds of products. 

(11)  The  definition  of  complementary  feedingstuffs  in  Directive  79/373/EEC  gave  rise  to 
application  problems  in  various  Member  States.  In  order  to  allow  a  uniform 
application of the legislation, complementary feed should not contain additives above 
a certain level. 

(12)  Directive  82/471/EEC  aimed  to  improve  the  supply  with  protein-rich  feed  in  the 
Community.  That  Directive  requires  a  pre-market  authorisation  procedure  for  all 
possible bio-proteins. Only very few new authorisations have been granted in the past 
and  the  shortage  in  protein-rich  feed  is  still  evident.  Thus,  the  general  pre-market 
authorisation  requirement  proved  to  be  prohibitive  and  safety  risks  could  be  tackled 
instead by means of prohibiting risky products based on market surveillance. In case 
the outcome of the risk assessment of a bio-protein was or is negative, its circulation 
or  use  should  be  prohibited.  Hence,  the  special  requirement  of  a  general  pre-market 
authorisation procedure for bio-proteins should be abolished with the consequence that 
the safety system for these products is the same as for all the other feed materials. 

(13)  The  provisions  of  Directive  93/74/EEC  implemented  by  Directive  94/39/EC 
establishing  a  list  of  intended  uses  of  animal  feedingstuffs  for  particular  nutritional 
purposes17 proved to be working well and should be maintained in an updated form. 
The  European  Food  Safety  Authority  (hereinafter  referred  to  as  "the  Authority") 
should be consulted on the efficacy and the safety of such feed when on the basis of 
available scientific and technical information, there are reasons to believe that the use 
of  the  specific  feed  may  not  meet  the  particular  intended  nutritional  purpose  or  may 
have  adverse  effects  on  animal  health,  human  health,  the  environment  and  animal 
welfare. 

15 

16 
17 

OJ  L  165,  30.4.2004,  p.  1.  Regulation  as  amended  by  Council  Regulation  (EC)  No  1791/2006 
(OJ L 363, 20.12.2006, p. 1). 
OJ L 67, 5.3.2004, p. 31. 
OJ L 207, 10.8.1994, p. 20. 

EN 

11 

   EN 

 
                                                 
(14)  Labelling serves enforcement, traceability and control purposes. In addition, labelling 
should provide the necessary information to the customers to enable them to make the 
optimal  choice  for  their  needs  and  should  be  consistent,  coherent,  transparent  and 
understandable. As the customers in particular the livestock farmers are making their 
choice  not  only  at  the  point  of  sale  where  they  can  peer  the  package  of  the  feed  the 
requirements concerning the labelling information must not only be valid for the labels 
on  the  product  but  as  well  for  other  kind  of  communication  between  vendor  and 
customer.  Furthermore,  those  principles  should  apply  also  to  presentation  and 
advertising of the feed. 

(15)  Labelling  provides  mandatory,  voluntary  and  additional  information.  The  mandatory 
information  should  combine  basic  labelling  requirements  and  specific  ones  for  feed 
materials or compound feed respectively and additional ones in case of dietetic feed. 

(16)  The existing principle that only certain feed additives have to be labelled once they are 
used  in  feed  materials  and  compound  feed  proved  to  work  well.  Both  the 
categorisation  resulting  from  Regulation  (EC)  No  1831/2003  and  the  fact  that 
particularly  pet  owners  might  be  confused  by  some  additive  labelling  requires  an 
updating and modernisation. 

(17)  As a consequence of the BSE- and dioxin crisis, the obligation to indicate the weight 
percentage of all feed materials incorporated in compound feed had been introduced in 
2002. In parallel, the level of food and feed safety has  been meanwhile significantly 
improved  due  to  Regulations  (EC)  No  178/2002  and  No  183/2005  and  their 
implementing measures, explicitly the focus on the responsibility of the feed and food 
business operators, the improved traceability system, the introduction of the HACCP 
principle  in  feed  businesses  and  the  guides  to  good  hygiene  practice  in  feed 
businesses.  These  positive  achievements,  mirrored  in  the  notifications  to  the  Rapid 
Alert  System  for  Food  and  Feed,  justify  that  the  obligation  to  indicate  the  weight 
percentage of all feed materials incorporated in compound feed should be abandoned. 
The exact percentages could be provided for on a voluntary basis. 

(18)  To ensure proper information of the customer and to avoid misleading him, the exact 
weight  percentage  should  be  required  in  case  the  respective  feed  material  is 
emphasised on the labelling of a compound feed. 

(19) 

In  certain  areas  where  the  producer  is  not  obliged  to  label  particulars,  the  customer 
should  have  the  possibility  to  request  additional  information.  Nonetheless,  the 
indication of the feed materials incorporated in compound feed in descending order of 
weight,  already  provides  important  information  on  compositional  data.  Taking  into 
account  the  recent  developments  in  Community  legislation  which  give  higher 
guarantees  as  regards  in  particular  HACCP,  traceability,  strict  hygiene  rules  and  the 
development  of  Community  guides  to  good  practice  for  hygiene,  the  manufacturer 
should  be  allowed  to  reject  the  request  if  he  considers  the  requested  disclosure  to 
infringe his intellectual property rights. This would not affect the food and feed safety, 
since the competent authorities always have the right to get the exact percentages of all 
feed materials. 

EN 

12 

   EN 

 
(20)  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 
on  undesirable  substances  in  animal  feed18  does  not  rule  the  labelling  of  feed  with 
excessive  levels  of  undesirable  substances.  Therefore,  adequate  provisions  should  be 
laid down. 

(21)  Derogations from the general labelling requirements should be provided for as far as 
the  application  of  those  requirements  is  not  necessary  to  protect  human  or  animal 
health  or  consumer  interests  and  would  unduly  burden  the  manufacturer  or  feed 
business operators responsible for the labelling particulars. Based on experience such 
derogations  should  be  provided  for  with  respect  to  feed  delivered  by  one  farmer  to 
another  farmer  for  use  on  his  farm,  for  small  quantities,  for  compound  feed  not 
constituted of more than three feed materials and for mixes of whole plant grains. 

(22)  As  a  general  rule,  compound  feed  should  be  marketed  in  sealed  containers,  but 

appropriate derogations should be provided for. 

(23)  Part  B  of  the  Annex  to  Directive  96/25/EC  and  the  Annex  to  Directive  82/471/EEC 
contain  lists  with  designations,  descriptions  and  labelling  provisions  for  certain  feed 
materials. Those lists facilitate the exchange of information on the product properties 
between  the  manufacturer  and  the  purchaser.  Nevertheless,  those  lists  are  not 
exhaustive.  This  implies  that  non-listed  feed  materials  can  be  marketed  as  well. 
Furthermore, emerging feed materials have not been listed since years with the effect 
that  the  feed  materials  on  the  market  covered  by  the  lists  decreased.  In  particular  as 
regards emerging feed materials, those lists should be extended in the interest of the 
stakeholders who are the beneficiaries of proper product descriptions. 

(24)  The experience with engaging stakeholders to set standards by means of Community 
guidelines  in  the  field  of  feed  hygiene  have  been  throughout  positive.  The 
accomplishment of a more extended listing by the stakeholders could be more flexible 
and  better  adapted  to  the  information  needs  of  the  user  than  if  undertaken  by  the 
legislator. The stakeholders can decide on the efforts they dedicate depending on the 
value of a feed material list. The current lists of feed materials in Directives 96/25/EC 
and  82/471/EEC  should  become  the  initial  version  of  the  Community  Catalogue  of 
feed materials to be completed by the stakeholders according to their interests. The use 
of the Catalogue should be voluntary but in order to avoid that the purchaser is misled 
as  to  the  real  identity  of  the  product,  the  manufacturer  should  indicate  if  he  uses 
designations listed in the Catalogue while not applying it. 

(25)  Modern  labelling  facilitates  a  competitive  market  environment  in  which  dynamic, 
efficient,  innovative  operators  can  make  full  use  of  labelling  to  sell  their  products. 
Having regard to both the business to business relation in the marketing of livestock 
feed and the relationship between the manufacturer and purchaser of pet food, Codes 
of good labelling for these two areas could be useful means of achieving the objectives 
of  modern  labelling.  These  Codes  may  interpret  the  framework  given  for  voluntary 
labelling. 

18 

OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2006/77/EC (OJ L 271, 
30.9.2006, p. 53). 

EN 

13 

   EN 

 
                                                 
(26) 

Involvement  of  all  parties  concerned  is  the  crucial  element  for  the  quality  and 
appropriateness of the Catalogue and the Codes for good labelling. In order to improve 
the  users`  right  to  proper  information,  their  interest  must  be  considered  particularly. 
This can be ensured by the Commission by approving the Catalogue and the Codes. 

(27)  Since the objectives of feed and food safety and a smooth functioning of the internal 
market  for  feed  cannot  be  sufficiently  achieved  by  the  Member  States  and  can 
therefore be better achieved at Community level, the Community may adopt measures, 
in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Regulation does not go beyond what is necessary in order to achieve those objectives. 

(28)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission19. 

(29)  Power  should  be  conferred  on  the  Commission  in  particular  to  decide  on  products 
prohibited  for  use  as  feed,  to  authorise  feed  intended  for  particular  nutritional 
purposes,  to  establish  a  list  of  labelling  categories  of  feed  materials  for  non-food 
producing animals, to amend the list of voluntary labelling particulars and to adapt the 
Annexes in the light of scientific and technical development. Since those measures are 
of general scope and are designed to amend non-essential elements of this Regulation, 
inter alia, by supplementing it, they must be adopted in accordance with the regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.  

(30)  Article  16  of  Regulation  (EC)  No  1831/2003  lays  down  the  provisions  for  labelling 
and  packaging  of  feed  additives  and  premixtures.  Particularly  the  rules  concerning 
premixtures  have  proved  to  cause  practical  problems  in  the  implementation  for  the 
industry and the competent authorities. In order to allow a more consistent labelling of 
premixtures, that Article should be amended. 

(31)  Directives  79/373/EEC,  80/511/EEC,  82/471/EEC,  93/74/EEC,  93/113/EC  and 

96/25/EC should therefore be repealed. 

(32)  The Member States should lay down rules on penalties applicable to infringements of 
the provision of this Regulation and should take all measures necessary to ensure that 
they  are  implemented.  Those  penalties  should  be  effective,  proportionate  and 
dissuasive, 

19 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

EN 

14 

   EN 

 
                                                 
HAVE ADOPTED THIS REGULATION: 

Chapter 1 
Introductory provisions 

Article 1 
Subject matter 

The  objective  of  this  Regulation  in  accordance  with  the  general  principles  laid  down  in 
Regulation  (EC)  No  178/2002  is  to  harmonise  the  conditions  for  the  placing  on  the  market 
and  use  of  feed,  in  order  to  ensure  adequate  information  of  users  and  consumers  and  the 
effective functioning of the internal market. 

Article 2 
Scope 

1. 

2. 

This Regulation lays down rules on the placing on the market and use of feed within 
the Community including requirements for labelling, packaging and presentation. 

The provisions of this Regulation shall apply without prejudice to other Community 
provisions applicable in the field of animal nutrition, namely: 

(a)  Directive 90/167/EEC; 

(b)  Directive 2002/32/EC; 

(c)  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 spongiform encephalopathies20; 

20 

OJ L 147, 31.5.2001, p. 1 

EN 

15 

   EN 

 
                                                 
(d)  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 consumption21; 

(e)  Regulation (EC) No 1829/2003 of the European Parliament and of the Council 

of 22 September 2003 on genetically modified food and feed22; and 

(f)  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  produced 
from genetically modified organisms and amending Directive 2001/18/EC23. 

This  Regulation  shall  not  apply  to  water,  either  taken  in  directly  by  the  animals  or 
intentionally incorporated into feed. 

Article 3 
Definitions 

For the purposes of this Regulation, the definitions of ‘feed’, ‘feed business’, ‘feed 
business  operator’,  ‘placing  on  the  market’  and  ‘traceability’  as  laid  down  in 
Regulation  (EC)  No  178/2002  and  the  definitions  of  “feed  additive”,  ”premixture“, 
"processing aids" and "daily ration” as laid down in Regulation (EC) No 1831/2003 
shall apply. 

3. 

1. 

2. 

The following definitions shall also apply. 

(a) 

(b) 

(c) 

(d) 

‘Food producing animal’: any animal that is kept for the production of food for 
human consumption including animals that are not consumed but that belong to 
species that can be normally consumed in the Community; 

‘Non-food  producing  animals’:  animals  kept  or  bred  but  not  used  for  human 
consumption such as fur animals, pets and animals kept in laboratories, zoos or 
circus; 

‘Fur animals’: animals kept or reared for the production of fur and not used for 
human consumption; 

‘Pet’ or ‘pet animal’: animal belonging to species nourished, bred or kept, but 
normally not consumed by humans in the Community; 

21 
22 
23 

OJ L 273, 10.10.2002, p. 1. 
OJ L 268, 18.10.2003, p. 1. 
OJ L 268, 18.10.2003, p. 24. 

EN 

16 

   EN 

 
                                                 
(e) 

(f) 

(g) 

(h) 

‘Feed  materials’:  products  of  vegetable  or  animal  origin,  whose  principal 
objective  is  to  meet  animals  nutritional  needs,  in  their  natural  state,  fresh  or 
preserved,  and  products  derived  from  the  industrial  processing  thereof,  and 
organic  or  inorganic  substances,  whether  or  not  containing  feed  additives, 
which  are  intended  for  use  in  oral  animal  feeding  either  directly  as  such,  or 
after  processing,  in  the  preparation  of  compound  feed  or  as  carrier  of 
premixtures; 

‘Compound  feed’:  mixture  of  feed  materials,  whether  or  not  containing  feed 
additives,  for  oral  animal  feeding  in  the  form  of  complete  or  complementary 
feed; 

‘Complete  feed’:  compound  feed  which,  by  reason  of  its  composition,  is 
sufficient for a daily ration; 

‘Complementary  feed’:  compound  feed  with  at  least  one  feed  material  which 
has  a  high  content  of  certain  substances  but  which,  by  reason  of  its 
composition,  is  sufficient  for  a  daily  ration  only  if  used  in  combination  with 
other feed; 

(i) 

‘Mineral feed’: complementary feed containing at least 40% crude ash; 

(j) 

(k) 

(l) 

(m) 

(n) 

(o) 

‘Milk replacer”: compound feed administered in dry form or after dilution in a 
given  quantity  of  liquid  for  feeding  young  animals  as  a  complement  to,  or 
substitute for, post-colostral milk or for feeding calves, lambs or kids intended 
for slaughter; 

‘Carrier’:  substance  used  to  dissolve,  dilute,  disperse  or  otherwise  physically 
modify  a  feed  additive  in  order  to  facilitate  its  handling,  application  or  use 
without  altering 
technological  function  and  without  exerting  any 
technological effect themselves; 

its 

‘Particular  nutritional  purpose’:  the  purpose  of  satisfying  the  specific 
nutritional  needs  of  animals  whose  process  of  assimilation,  absorption  or 
metabolism  is  or  could  be  temporarily  or  irreversibly  impaired  and  can 
therefore benefit from the ingestion of feed appropriate to their condition; 

‘Feed  intended  for  particular  nutritional  purposes’:  feed  which  can  satisfy  a 
particular nutritional purpose by virtue of its particular composition or method 
of manufacture, which clearly distinguish it from ordinary feed. Feed intended 
for particular nutritional purposes does not include medicated feedingstuffs in 
the meaning of Directive 90/167/EEC; 

‘Minimum storage life’: date until which, under proper storage conditions, the 
producer guarantees that the feed retains at least its specific properties; 

‘Batch’  or  ‘lot’:  unit  of  production  from  a  single  plant  using  uniform 
production parameters or a number of such units, when produced in continuous 
order and stored together. It consists of an identifiable quantity of feed and is 
determined  to  have  common  characteristics,  such  as  origin,  variety,  type  of 
packing, packer, consignor or labelling; 

EN 

17 

   EN 

 
(p) 

(q) 

(r) 

‘Labelling’:  attribution  of  any  words,  particulars,  trade  marks,  brand  name, 
pictorial matter or symbol to a feed by placing this information on any medium 
like  packaging,  container,  notice,  label,  document,  ring,  collar  or  the  internet 
referring to or accompanying such feed; 

‘Label’:  any  tag,  brand,  mark,  pictorial  or  other  descriptive  matter,  written, 
printed, stencilled, marked, embossed, impressed on, or attached to a container 
of feed; 

‘Presentation’: the shape, appearance or packaging and the packaging materials 
used for the feed, further to the way in which it is arranged and the setting in 
which it is displayed. 

Chapter 2 
General requirements 

Article 4 
Safety and marketing requirements 

1. 

For the purposes of this Regulation, Articles 15 and 16 of Regulation 178/2002 and 
Article 4 of Regulation (EC) No 183/2005 shall apply, mutatis mutandis, to feed for 
non-food producing animals. 

2. 

Feed may only be placed on the market and used if: 

(a) 

it is sound, genuine, fit for purpose and of merchantable quality; 

(b) 

it does not have a direct adverse effect on the environment or animal welfare; 

(c) 

it  is  labelled,  packaged  and  presented  in  accordance  with  the  provisions  laid 
down  in  this  Regulation,  in  Directive  90/167/EEC  and  in  Regulation  (EC) 
No 1831/2003, as applicable. 

3. 

Feed  shall  comply  with  the  technical  provisions  on  impurities  and  other  chemical 
determinants set out in Annex I. 

Article 5 
Responsibilities and obligations of the feed businesses 

1. 

2. 

For  the  purposes  of  this  Regulation,  Articles  17,  18  and  20  of  Regulation  (EC) 
No 178/2002 shall apply, mutatis mutandis, to feed for non-food producing animals. 

Manufacturers of feed shall make available to the authorities responsible for carrying 
out  official  controls  any  information  concerning  the  composition  or  claimed 
properties  of  the  feed  they  place  on  the  market  which  enables  the  accuracy  of  the 
information given by the labelling to be verified. 

EN 

18 

   EN 

 
Article 6 
Prohibition 

1. 

2. 

Feed shall not contain or consist of materials whose placing on the market or use for 
animal nutritional purposes is prohibited. 

Taking  into  account  in  particular  scientific  evidence,  technological  progress, 
notifications under the Rapid Alert System for Food and Feed or results from official 
controls  according  to  Regulation  (EC)  No  882/2004,  the  Commission  shall  adopt  a 
list of materials whose placing on the market or use for animal nutritional purposes is 
prohibited.  

Those  measures  which  are  designed  to  amend  non-essential  elements  of  this 
Regulation  by  supplementing  it  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 29(4). 

Chapter 3 
Placing on the market of specific types of feed 

Article 7 
Characteristics of types of feed 

In  accordance  with  the  procedure  referred  to  in  Article  29(2),  the  Commission  may  adopt 
guidelines  clarifying  the  distinction  between  feed  materials,  feed  additives  and  veterinary 
drugs. 

Article 8 
Content of feed additives in complementary feed 

Without  prejudice  to  the  conditions  of  use  provided  for  in  the  Regulation  authorising  the 
respective feed additive, complementary feed shall not contain feed additives incorporated at 
levels more than 100 times the relevant fixed maximum content in complete feed or five times 
in case of coccidiostats and histomonostats. 

Article 9 
Marketing of feed intended for particular nutritional purposes 

Feed intended for particular nutritional purposes may only be marketed as such if it meets the 
essential  nutritional  characteristics  for 
the  respective  particular  nutritional  purpose, 
representing the intended use, as authorised and included in the list established in accordance 
with Article 10. 

EN 

19 

   EN 

 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 10 
Authorisation of intended uses 

Authorisations  for  intended  uses  may  be  granted  on  application  from  a  person 
established  in  the  Community  or  on  request  from  a  Member  State.  Such  an 
application or request shall be submitted to the Commission. 

The applicant shall compile a dossier demonstrating that the specific feed meets the 
particular  intended  nutritional  purpose  and  that  it  has  no  adverse  effects  on  animal 
health, human health, the environment and animal welfare. 

The Commission shall forward the application dossier to the Member States. 

If, on the basis of available scientific and technical information, the Commission, has 
reasons  to  believe  that  the  use  of  the  specific  feed  may  not  meet  the  particular 
intended  nutritional  purpose  or  may  have  adverse  effects  on  animal  health,  human 
health, the environment and animal welfare, the Commission shall forward a request 
for  a  assessment  together  with  the  dossier  to  the  European  Food  Safety  Authority 
(‘the Authority’) within three months. The Authority shall give an opinion within six 
months  of  receipt  of  the  request.  This  time  limit  shall  be  extended  whenever  the 
Authority seeks supplementary information from the applicant. 

Within  six  months  after  forwarding  the  dossier  to  the  Member  States  or,  if 
appropriate,  receiving  the  opinion  of  the  Authority,  the  Commission  shall  adopt  a 
Regulation  to  grant  or  deny  the  respective  authorisation  and  establish  a  list,  as 
referred to in Article 9, accordingly. 

Those  measures  which  are  designed  to  amend  non-essential  elements  of  this 
Regulation  by  supplementing  it  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 29(4). 

The withdrawal of a listed intended use may be requested by the initial applicant or a 
Member  State.  The  request  shall  be  accompanied  by  a  dossier  justifying  the 
withdrawal. The Commission may also initiate the withdrawal procedure in cases it 
disposes of substantial information to compile a respective dossier. 

The  Commission  shall  forward  the  dossier  to  the  Member  States  and  to  the  initial 
applicant  for  comments.  The  procedure  as  laid  down  in  paragraphs  4  and  5  shall 
apply mutatis mutandis. 

EN 

20 

   EN 

 
Chapter 4 
Labelling, presentation and packaging 

Article 11 
General principles 

1. 

The labelling and the presentation of feed shall not mislead the user 

(a) 

as  to  the  intended  use  or  characteristics  of  the  feed,  in  particular,  the  nature, 
method  of  manufacture  or  production,  identity,  properties,  composition, 
quantity, durability, species or categories of animals for which it is intended; 

(b)  by attributing to the feed effects or characteristics that it does not possess or by 
suggesting that it possesses special characteristics when in fact all similar feeds 
possess such characteristics. 

(c) 

as  to  the  compliance  of  the  labelling  to  the  Community  Catalogue  and  the 
Community Codes referred to in Articles 25 and 26. 

Feed  materials  or  compound  feed  marketed  in  bulk  or  in  unsealed  packages  or 
containers  in  accordance  with  Article  23(2)  shall  be  accompanied  by  a  document 
containing all mandatory labelling particulars in accordance with this Regulation  

Where  feed  is  offered  for  sale  by  means  of  distance  communication  as  defined  in 
Article 2 of Directive 97/7/CE of the European Parliament and of the Council24 the 
mandatory  labelling  particulars  required  by  this  Regulation  shall  appear  on  the 
material supporting the distance selling. 

Additional general labelling provisions are laid down in Annex II. 

Tolerances  for  discrepancies  between  the  labelled  compositional  values  of  a  feed 
material or compound feed and the values analysed in official controls in compliance 
with Regulation (EC) No 882/2004 are listed in Annex III to this Regulation. 

Article 12 
Responsibility 

The  manufacturer  of  the  feed  shall  be  responsible  for  the  labelling  particulars  and 
ensure their presence and substantive accuracy. 

If the feed is marketed with the name or business name of a feed business operator 
other  than the manufacturer that  feed  business operator shall be responsible for  the 
labelling particulars. 

2. 

3. 

4. 

5. 

1. 

2. 

24 

OJ L 144, 4.6.1997, p. 19. 

EN 

21 

   EN 

 
                                                 
3. 

4. 

5. 

1. 

To the extent their activities affect labelling within the business under their control, 
feed business operators shall ensure that the information provided through whatever 
medium satisfies the requirements of this Regulation. 

Feed business operators responsible for retail or distribution activities which do not 
affect labelling shall act with due care to help to ensure compliance with the labelling 
requirements,  in  particular  by  not  supplying  feed  which  they  know  or  should  have 
presumed, on the basis of the information in their possession and as professionals, do 
not comply with those requirements. 

Within  the  business  under  their  control  feed  business  operators  shall  ensure  that 
mandatory labelling particulars can be transmitted throughout the food chain in order 
to  enable  the  provision  of  the  information  to  the  final  user  in  accordance  with  this 
Regulation. 

Article 13 
Claims 

The  labelling  and  the  presentation  of  feed  may  draw  particular  attention  to  the 
presence  or  the  absence  of  a  substance  in  the  feed,  to  a  specific  nutritional 
characteristic  or  process  or  to  a  specific  function  related  to  any  of  these,  provided 
that the following conditions are met: 

(a) 

(b) 

the  claim 
is  objective,  verifiable  by 
understandable by the user of the feed, and  

the  competent  authorities  and 

the  person  responsible  for  the  labelling  provides  on  request  of  the  competent 
authority a scientific substantiation of the truthfulness of the claim, either via 
publicly  available  scientific  evidence  or  through  documented  company 
research. The scientific substantiation shall be available at the time the feed is 
placed on the market.  

2. 

Without  prejudice  to  paragraph  1,  claims  concerning  optimisation  of  the  nutrition 
and support or protection of the physiological conditions are permitted if they are not 
based on a pharmacological or immunological action. 

3. 

The labelling or the presentation of feed shall not claim that it 

(a)  will prevent, treat or cure a disease, or 

(b)  has particular nutritional purposes and characteristics other than those provided 

for in the list as referred to in Article 9. 

Article 14 
Presentation of mandatory labelling particulars 

1. 

The  mandatory  labelling  particulars  shall  be  given  in  their  entirety  in  a  prominent 
place on the packaging, the container or on a label attached thereto, in a conspicuous, 
clearly  legible  and  indelible  manner,  in  at  least  the  language  or  one  of  the  official 
languages of the Member State in which it is placed on the market. 

EN 

22 

   EN 

 
2. 

3. 

The mandatory labelling particulars shall be easily identifiable and not be obscured 
by any other information. They shall be displayed in a colour, font and size that does 
not  obscure  or  emphasize  any  part  of  the  information,  unless  such  variation  is  to 
draw attention to precautionary statements. 

Specifications to the requirements laid down in paragraphs 1 and 2 may be included 
in the Community Codes referred to in Article 26. 

Article 15 
General mandatory labelling requirements 

A  feed  material  or  compound  feed  shall  not  be  placed  on  the  market  unless  the  following 
particulars are indicated by labelling: 

(a) 

the  type  of  feed:  feed  material’,  ‘complete  feed’  or  ‘complementary  feed’,  as 
appropriate; 

for  ‘complementary  feed’  the  following  designations  may  be  used  if  appropriate: 
‘mineral feed’, ‘complete milk replacer feed’ or ‘complementary milk replacer feed’; 

for  pets  other  than  cats  and  dogs  ‘complete  feed’  or  ‘complementary  feed’  may  be 
replaced by ‘compound feed’; 

the name or business name and address of the feed business operator responsible for 
the labelling particulars; 

if  available,  the  establishment  approval  number  granted  in  accordance  with 
Article 17 of Regulation (EC) No 1774/2002 or with Article 10 of Regulation (EC) 
No  183/2005.  If  a  manufacturer  has  several  numbers  he  shall  use  the  one  obtained 
under Regulation 183/2005; 

the batch or lot reference number; 

the net quantity expressed in units of mass in the case of solid products, and in units 
of mass or volume in the case of liquid products; 

the  list  of  feed  additives  preceded  by  the  name  and  the  content  in  accordance  with 
Chapter  I  of  Annex  V  or  VI,  as  applicable,  and  without  prejudice  to  labelling 
provisions laid down in the Regulation authorising the respective feed additive. 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the moisture content in accordance with point 6 of Annex I. 

Article 16 
Specific mandatory labelling requirements for feed materials 

1. 

In  addition  to  the  requirements  provided  for  in  Article  15,  the  labelling  of  feed 
materials  shall  also  include  the  name  of  the  feed  material  accompanied  by  the 
compulsory declaration corresponding to the respective category as set out in the list 
in Annex IV. 

EN 

23 

   EN 

 
2. 

3. 

The  particulars  referred  to  in  paragraph  1  may  be  replaced  by  the  particulars  laid 
down in the Community Catalogue referred to in Article 25. 

If the used name of the feed material corresponds to one of the names included in the 
Community  Catalogue  referred  to  in  Article  25,  but  the  person  responsible  for  the 
labelling is not applying the provisions thereof, this shall be clearly indicated on the 
label. 

Article 17 
Specific mandatory labelling requirements for compound feed 

1. 

In addition to the requirements provided for in Article 15, the labelling of compound 
feed shall also include the following: 

(a) 

the species or category of animals for which the compound feed is intended; 

(b) 

(c) 

the  instructions  for  proper  use  indicating  the  purpose  for  which  the  feed  is 
intended; 

in case the manufacturer is not the person responsible for labelling particulars, 
the following shall be provided: 

– 

– 

the name or business name and address of the manufacturer, or 

the identifying number as granted according to Article 19 of Regulation 
(EC)  No  183/2005;  if  such  identifying  number  is  not  available,  a 
in 
registration  number  attributed  on 
accordance  with  the  format  laid  down  in  Chapter  II  of  Annex  V  to 
Regulation (EC) No 183/2005; 

the  manufacturers 

request 

(d) 

the  indication  of  the  minimum  storage  life  in  accordance  with  the  following 
requirements: 

– 

– 

‘use before…’ followed by the date indicating a certain day in the case of 
feed highly perishable due to degradation processes; 

‘best  before…’  followed  by  the  date  indicating  a  certain  month  in  the 
case of other feed. 

If the date of manufacture is labelled, the date may be indicated as well as ‘… 
(time period in days or months) after the date of manufacture’; 

(e) 

the  list  of  the  feed  materials  of  which  the  feed  is  composed,  bearing  the 
heading  “composition”  and  indicating  the  name  of  each  feed  material  and 
listing those feed materials in descending order by weight; that list may include 
the percentage of weight.  

(f) 

the  compulsory  declarations  provided  for  in  Chapter  II  of  Annex  V  or  VI,  as 
applicable. 

EN 

24 

   EN 

 
 
2. 

As  regards  the list provided for  in paragraph 1(e), the following requirements  shall 
apply: 

(a) 

(b) 

the name and percentage of weight of a feed material shall be indicated if its 
presence  is  named  or  emphasised  on  the  labelling  in  words,  pictures  or 
graphics; 

if  the  percentages  of  weight  for  the  feed  materials  incorporated  in  compound 
feed  for  food  producing  animals  are  not  indicated  on  the  label,  the 
manufacturer  shall  make  available  on  request  information  on  the  quantitative 
composition  data  in  a  range  of  +/-  15%  of  the  value  according  to  the  feed 
formulation, unless he considers this information to be commercially sensitive 
and that the disclosure could infringe his intellectual property rights; 

(c) 

in  the  case  of  compound  feed  intended  for  non-food  producing  animals,  the 
indication  of  the  specific  name  of  the  feed  material  may  be  replaced  by  the 
name of the category to which the feed material belongs to. 

3. 

For  the  purposes  of  paragraph  2(c),  the  Commission  shall  establish  a  list  of 
categories  of  feed  materials  which  may  be  indicated  instead  of  individual  feed 
materials in the labelling of feed for non-food producing animals. 

Those  measures  which  are  designed  to  amend  non-essential  elements  of  this 
Regulation  by  supplementing  it  shall  be  adopted  in  accordance  with  the  regulatory 
procedure with scrutiny referred to in Article 29(4). 

Article 18 
Additional labelling requirements for feed intended for particular nutritional purposes 

In  addition  to  the  general  mandatory  requirements  laid  down  in  Articles  15  and  16  or  in 
Article  17,  as  applicable,  labelling  of  feed  intended  for  particular  nutritional  purposes  shall 
also include:  

(a) 

(b) 

(c) 

the  qualifying  expression  ‘dietetic’,  reserved  solely  for  feed  intended  for  particular 
nutritional purposes, next to the designation of the feed as laid down in Article 15(a); 

the particulars prescribed for the respective intended use in columns 1, 2, 3, 4, 5 and 
6 of the list as referred to in Article 9; 

the indication that the opinion of a nutrition expert should be sought before using the 
feed or before extending the period of use. 

Article 19 
Additional labelling requirements for pet food 

On  the  label  of  pet  food  a  free  telephone  number  shall  be  indicated  in  order  to  allow  the 
customer to obtain information in addition to the mandatory particulars on: 

(a) 

the feed additives incorporated into the pet food, and 

EN 

25 

   EN 

 
(b) 

the  feed  materials  incorporated  that  are  designated  by  category  as  referred  to  in 
Article 17(2)(c). 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

Article 20 
Additional labelling requirements for contaminated feed 

In  addition  to  the  requirements  laid  down  in  Articles  15,  16,  17  and  18,  feed 
containing  a  level  of  undesirable  substances  in  excess  of  that  permitted  under 
Directive  2002/32/EC  shall  be  labelled  ‘feed  with  excessive  level(s)  of  … 
(designation of the undesirable substance(s) in accordance with Annex I to Directive 
2002/32/EC),  only  intended  for  authorised  detoxification  establishments’.  The 
authorisation  of  those  establishments  shall  be  based  on  Article  10(2)  or  (3)  of 
Regulation (EC) No 183/2005. 

In  case  the  contamination  is  intended  to  be  reduced  or  eliminated  by  cleaning,  the 
additional labelling of contaminated feed shall be ‘feed with excessive level(s) of … 
(designation of the undesirable substance(s) in accordance with Annex I to Directive 
2002/32/EC), only to be used as feed after adequate cleaning’. 

Article 21 
Derogations 

The particulars referred to in Article 15(c), (d) and (e) and Article 16(2) shall not be 
required  where  before  each  transaction  the  purchaser  has  stated  in  writing  that  he 
does not require this information. A transaction may consist of several consignments. 

On  packaged  feed  the  particulars  referred  to  in  Article  15(c),  (d)  and  (e)  and 
Article 17(1)(c),  (d)  and  (e)  may  be  given  on  the  package  outside  the  place  of  the 
label as referred to in Article 14(1). In such cases it shall be pointed out where these 
particulars appear. 

Without  prejudice  to  Annex  I  to  Regulation  (EC)  No  183/2005,  the  particulars 
referred to in Article 15(c), (d) and (e) and Article 16(2) of this Regulation shall not 
be mandatory for feed materials that do not contain feed additives, with the exception 
of preservatives or silage additives, and which are produced and delivered by a feed 
business operator according to Article 5(1) of Regulation (EC) No 183/2005 to a feed 
user in primary production for use within its own holding. 

The compulsory declarations referred to in Article 17(1)(f) shall not be required for 
mixes of whole plant grains. 

In the case of compound feed constituted from no more than three feed materials the 
particulars referred to in Article 17(1)(a) and (b) shall not be required where the feed 
materials used appear clearly in the description. 

EN 

26 

   EN 

 
6. 

7. 

8. 

1. 

For quantities not exceeding 20 kg of feed materials or compound feed intended for 
the final user and sold in bulk, the particulars referred to in Articles 15, 16  and  17 
may be brought to the purchaser's attention by means of an appropriate notice at the 
point of sale. In this case, the particulars referred to in Article 15(a) and Article 16(1) 
or Article 17(1)(a) and (b), as appropriate, shall be printed out for the customer at the 
latest on the invoice. 

For  quantities  of  pet  food  not  exceeding  the  daily  ration  of  the  respective  animal 
species  sold  in  packages  with  several  containers,  the  particulars  referred  to  in 
Article 15(b), (c) and (f) and Article 17(1)(c), (e) and (f) may be given only on the 
package instead of each container. 

By  way  of  derogation  from  the  provisions  of  this  Regulation,  Member  States  may 
apply  national  provisions  for  feed  intended  for  animals  kept  for  scientific  or 
experimental purposes on condition that its label clearly indicates such purpose. The 
Member States shall notify those provisions to the Commission without delay. 

Article 22 
Voluntary labelling 

In addition to the mandatory labelling requirements, the labelling of compound feed 
may also include voluntary labelling particulars, provided that the general principles 
laid down in Article 11 are respected. 

2. 

The additional voluntary labelling may only include the following particulars: 

(a) 

optional declarations as laid down in Annexes V and VI; 

(b) 

the country of production or manufacture; 

(c) 

the description or trade name of the product; 

(d) 

an indication of the physical condition of the feed or the specific processing it 
has undergone; 

(e) 

the moisture content; 

(f) 

the date of manufacture; 

(g) 

special storage conditions; 

(h) 

the price of the product. 

3. 

The Commission may amend the list of particulars laid down in paragraph 2.  

Those measures designed to amend non-essential elements of this Regulation shall be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 29(4). 

EN 

27 

   EN 

 
Article 23 
Packaging 

1. 

2. 

1. 

2. 

Feed may be placed on the market only in sealed packages or containers. Packages or 
containers  shall  be  sealed  in  such  a  way  that,  when  the  package  or  container  is 
opened, the seal is damaged and cannot be reused. 

By  way  of  derogation  from  paragraph  1,  the  following  feed  may  be  placed  on  the 
market in bulk or in unsealed packages or containers: 

(a) 

feed materials; 

(b) 

compound feed exclusively obtained by mixing grain or whole fruit; 

(c) 

deliveries between producers of compound feed; 

(d)  deliveries of compound feed directly to the feed user; 

(e) 

deliveries from producers of compound feed to packaging firms; 

(f) 

quantities of compound feed not exceeding 50 kilograms in weight which are 
intended  for  the  final  user  and  are  taken  directly  from  a  sealed  package  or 
container; 

(g)  blocks or licks. 

Article 24 
Change of package 

If a batch of feed is divided, the mandatory labelling particulars provided for in this 
Regulation,  together  with  a  reference  to  the  initial  batch,  shall  be  repeated  on  the 
packaging, container or accompanying document of each division of the batch. 

Where the composition of a feed is modified after it has been placed on the market 
the  mandatory  labelling  particulars  shall  be  adapted  accordingly  under  the 
responsibility  of  the  feed  business  operator  responsible  for  the  modification  of  the 
feed. 

EN 

28 

   EN 

 
Chapter 5 
Community catalogue on feed materials and Community Codes of 
good labelling practice 

Article 25 
Community Catalogue of feed materials 

1. 

The  Community  Catalogue  of  feed  materials  (hereinafter  ‘the  Catalogue’)  shall  be 
created as a tool to improve the labelling of feed materials. It shall include for each 
feed material listed: 

(a) 

the name; 

(b) 

the identification number; 

(c) 

(d) 

(e) 

a description of the feed material including information on the manufacturing 
process, if appropriate; 

specific  particulars  concerning  the  nutritional  composition  that  shall  be 
included in the labelling as referred to in Article 16(2); 

a  glossary  with  the  definition  of  the  different  processes  and  technical 
expressions mentioned. 

The  first  entries  in  the  Catalogue  shall  be  those  listed  in  Part  B  of  the  Annex  to 
Directive 96/25/EC and the Annex to Directive 82/471/EEC following the procedure 
laid down in Article 29(2). 

The procedure laid down in Article 27 shall apply to amendments to the Catalogue. 

The provisions of this Article apply without prejudice to the safety requirements as 
laid down in Article 4 of this Regulation. 

Article 26 
Community Codes of good labelling practice 

The Commission shall encourage the development of two Community Codes of good 
labelling  practice  (hereinafter  ‘Codes’),  one  for  pet  food  and  one  for  feed  for  food 
producing animals. They shall refer to the scope for voluntary labelling provided for 
in Article 22 and support to improve the appropriateness of the labelling. 

The procedure laid down in Article 27 shall apply for the establishment and for any 
amendment to be made to the Codes. 

2. 

3. 

4. 

1. 

2. 

EN 

29 

   EN 

 
Article 27 
Establishment of the Catalogue and Codes 

1. 

Where the Catalogue and Codes are created, they shall be, as appropriate, developed 
and amended by all appropriate representatives of European feed business sectors: 

(a) 

in consultation with other concerned parties, such as feed users; 

(b) 

(c) 

in  collaboration  with  the  competent  authorities  of  the  Member  States  and, 
where appropriate, the Authority; 

taking into account relevant experiences from opinions issued by the Authority 
and developments in scientific or technical knowledge. 

2. 

The  Commission  shall  approve  the  Catalogue,  draft  Codes  and  draft  amendments 
thereto in accordance with the procedure referred to in Article 29(2) provided that the 
following conditions are met: 

(a) 

they have been developed in accordance with paragraph 1; 

(b) 

their  contents  are  practicable  throughout  the  Community  for  the  sectors  to 
which they refer; and 

(c) 

are suitable to meet the respective objectives. 

3. 

The Commission shall publish the titles and references of the Catalogue and Codes in 
the C Series of the Official Journal of the European Union. 

Chapter 6 
General and final provisions 

Article 28 
Amendments to Annexes and implementing measures 

1. 

The  Commission  may  amend  Annexes  I  to  VI  in  order  to  adapt  them  in  the  light 
scientific and technical development. 

Those measures designed to amend non-essential elements of this Regulation shall be 
adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 29(4). 

2. 

Implementing  measures  necessary  for  the  application  of  this  Regulation  may  be 
adopted in accordance with the procedure referred to in Article 29(3). 

EN 

30 

   EN 

 
Article 29 
Committee procedure 

1. 

2. 

3. 

4. 

The Commission shall be assisted by the Standing Committee on the Food Chain and 
Animal  Health,  set  up  by  Article  58  of  Regulation  (EC)  No  178/2002,  hereinafter 
referred to as the ‘Committee’. 

Where  reference  is  made  to  this  paragraph,  Articles  3  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

Where  reference  is  made  to  this  paragraph,  Article  5a  (1)  to  (4),  and  Article  7  of 
Decision  1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

Article 30 
Amendment to Regulation (EC) No 1831/2003 

Article 16 of Regulation (EC) No 1831/2003 is amended as follows: 

(1) 

Paragraph 1 is amended as follows: 

(a)  Point (d) is replaced by the following: 

‘(d)  where  appropriate, 

the  establishment 
the  approval  number  of 
manufacturing  or  placing  on  the  market  the  feed  additive  or  the 
premixture pursuant to Article 10 of Regulation (EC) No 183/2005 of the 
European Parliament and of the Council*; 

---------------------------------------- 

* 

OJ L 35, 8.2.2005, p. 1.’; 

(b)  The following subparagraph is added: 

‘In  the  case  of  premixtures,  points  (b),  (d),  (e)  and  (g)  shall  not  apply  to  the 
incorporated feed additives.’ 

(2) 

Paragraph 3 is replaced by the following: 

‘3. 

In  addition  to  the  information  specified  in  paragraph  1,  the  packaging  or 
container of a feed additive belonging to a functional group specified in Annex 
III  or  of  a  premixture  containing  an  additive  belonging  to  a  functional  group 
specified in Annex III must bear the information, presented in a conspicuous, 
clearly legible and indelible manner, indicated in that Annex.’ 

EN 

31 

   EN 

 
 
(3) 

Paragraph 4 is replaced by the following: 

‘4. 

In the case of premixtures, the word ‘Premixture’ shall appear in capital letters 
on  the  label  and  carriers  shall  be  declared,  in  the  case  of  feed  materials,  in 
compliance with Article 17(1)(e) of Regulation (EC) No …/… of the European 
Parliament and of the Council [on the placing on the market and use of feed]*. 

---------------------------------------- 

* 

OJ L … .’. 

Article 31 
Repeal 

Directives 79/373/EEC, 80/511/EEC, 82/471/EEC, 93/74/EEC, 93/113/EC and 96/25/EC are 
repealed. 

References to the repealed Directives shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex VII. 

Article 32 
Penalties 

Member States shall lay down the rules on financial penalties applicable to infringements of 
the provision of this Regulation and shall take all measures necessary to ensure that they are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. 

The Member States shall notify those provisions to the Commission by [date of application] at 
the latest and shall notify it without delay of any subsequent amendment affecting them. 

Article 33 
Transitional measures 

Transitional  measures  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in 
Article 29(3). 

Article 34 
Entry into force 

This Regulation shall enter into force on [the twentieth day] following that of its publication 
in the Official Journal of the European Union. 

It shall apply from twelve months after the date of its publication. 

EN 

32 

   EN 

 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

33 

   EN 

 
ANNEX I 

TECHNICAL PROVISIONS ON  
IMPURITIES, MILK REPLACER, FEED MATERIALS FOR BINDING OR 
DENATURISING, THE ASH LEVEL AND MOISTURE CONTENT REFERRED TO 
IN ARTICLES 4 

1. 

2. 

3. 

4. 

5. 

Feed materials must, as according to the good manufacturing practices as laid down 
in  Regulation  (EC)  No  183/2005  be  free  from  chemical  impurities  resulting  from 
their  manufacturing  process  and  from  processing  aids,  unless  a  specific  maximum 
content is fixed in the Catalogue referred to in Article 25. 

The botanical purity of feed materials shall not be less than 95 %, unless a different 
level  has  been  laid  down  in  the  Catalogue  as  referred  to  in  Article  25.  Botanical 
impurities  comprise  impurities  of  plant  materials  without  adverse  effects  on  the 
animals  e.g.  straw  and  seeds  of  other  cultivated  species  or  weeds.  Botanical 
impurities  such  as  residues  of  other  oil  seeds  or  oil  fruits  derived  from  a  previous 
manufacturing process, shall not exceed 0,5 % for each type of oil seed or fruit. 

The iron level in milk replacer feed for calves of a live weight less than or equal to 
70 kilograms must be at least 30 milligrams per kilogram of the complete feed at a 
moisture content of 12 %. 

Where feed materials are used to denature or bind other feed materials, the product 
may still be considered to be a feed material. Name, nature and quantity of the feed 
material  used  to  bind  or  denature  must  be  labelled.  If  a  feed  material  is  bound  by 
another  feed  material  the  percentage  of  the  latter  shall  not  exceed  3  %  of  the  total 
weight. 

The  level  of  ash  insoluble  in  hydrochloric  acid  shall  not  exceed  2,2  %  of  the  dry 
matter. However, the 2,2 % level may be exceeded, in the case of 

– 

– 

– 

– 

– 

feed materials; 

compound feed containing authorized mineral binding agents; 

mineral compound feed; 

compound feed containing more than 50 % of rice or sugar beet by-products; 

compound feed intended for farmed fish with a fish meal content of over 15 %, 

provided that the level is declared on the label. 

EN 

34 

   EN 

 
6. 

Provided  that  no  other  level  is  laid  in  the  Annex  III  or  the  Catalogue  referred  in 
Article 25 the moisture content of the feed must be stated if it exceeds: 

– 

– 

– 

– 

5 % in the case of mineral feed containing no organic substances; 

7 % in the case of milk replacer feeds and other compound feed with a milk-
product content exceeding 40 %; 

10 % in the case of mineral feed containing organic substances; 

14 % in the case of other feed. 

EN 

35 

   EN 

 
GENERAL PROVISIONS ON LABELLING REFERRED TO IN ARTICLE 11(4) 

ANNEX II 

1. 

2. 

3. 

4. 

5. 

6. 

Contents or levels indicated or to be declared relate to the weight of the feed, unless 
otherwise stated. 

The list of additives shall be preceded by the heading ‘additives per kg’ 

The  numeric  indication  of  dates  follows  the  order  of  day,  month  and  year,  unless 
otherwise stated on the labelling. 

Synonymic expressions in certain languages; 

(a) 

(b) 

In German the designation “Futtermittel-Ausgangserzeugnis” may be replaced 
by “Einzelfuttermittel”, in Greek “πρώτη ύλη ζωοτροφών” may be replaced by 
“απλή  ζωοτροφή”  and  in  Italian  “materie  prime  per  alimenti  degli  animali” 
may be replaced by “mangime semplice”; 

In the designation of feed for pets the following expressions shall be allowed: 
in  Dutch  “samengesteld  voeder”;  in  English  ‘pet  food’;  in  Hungarian 
“állateledel”; in Italian “alimento”; in Polish "karma"; in Slovenian " hrane za 
hišne živali; in Spanish “alimento”. 

The instructions for proper use of complementary feed containing additives in excess 
of the maximum levels fixed for complete feed shall state the maximum quantity in 
grams or kilograms of complementary feed per animal per day. 

Without  affecting  the  analytical  methods,  the  expression  "crude  protein"  may  be 
replaced  by  "protein",  "crude  oils  and  fats"  may  be  replaced  by  “fat  content”  and 
"crude ash" may be replaced by “incinerated residue” or “inorganic matter". 

EN 

36 

   EN 

 
ANNEX III 

TOLERANCES FOR THE COMPOSITIONAL LABELLING OF FEED MATERIALS 
AND COMPOUND FEED AS PROVIDED FOR IN ART 11(5) 

1. 

2. 

The tolerances laid down in this Annex include technical and analytical deviations. 
Once  analytical  tolerances  covering  measurement  uncertainties  and  procedural 
variations  are  fixed  at  Community  level,  the  values  set  in  paragraph  2  should  be 
adapted accordingly in order to cover only the technical tolerances. 

Where the composition of a feed material or compound feed is found to depart from 
the  labelled  composition  in  a  manner  such  as  to  reduce  its  value,  the  following 
tolerances are permitted: 

(a) 

for crude protein, sugars, starch and inulin; 

– 

– 

3 units for declared contents of 30 % or more, 

10 % of the declared content for declared contents of less than 30 % but 
not less than 10 %, 

– 

1 unit for declared contents of less than 10 %; 

(b) 

for crude fibre, crude oil and fats; 

– 

– 

2,2 units for declared contents of 15 % or more, 

15 % of the declared content for declared contents of less than 15 % but 
not less than 5 %, 

– 

0,8 units for declared contents of less than 5 %; 

(c) 

for  moisture,  crude  ash,  ash  insoluble  in  hydrochloric  acid  and  chlorides 
expressed  as  NaCl,  total  phosphorus,  sodium,  calcium  carbonate,  calcium, 
magnesium, acid index and matter insoluble in light petroleum: 

– 

– 

– 

1,5  units  for  declared  contents  (values)  of  15  %  (15)  or  more,  as 
appropriate, 

10 % of the declared content (value) for declared contents (values) of less 
than 15 % (15), but not less than 2 % (2), as appropriate, 

0,2  units  for  declared  contents  (values)  of  less  than  2  %  (2),  as 
appropriate. 

(d)  For the energy value 5% and for the protein value 10 %; 

EN 

37 

   EN 

 
(e) 

for feed additives25; 

– 

– 

– 

– 

10 % if the declared content is 1000 units and more; 

100 units for declared contents of less than 1000 units but not less than 
500 units; 

20  %  of  the  declared  content  of  less  than  500  units  but  not  less  than  1 
unit; 

0,2  units  for  declared  contents  of  less  than  1  unit  but  not  less  than  0,5 
units; 

– 

40 % of the declared content of less than 0,5 units. 

These  tolerances  shall  apply  also  to  the  maximum  levels  of  feed  additives  in 
compound feed. 

3. 

4. 

As  long  as  fixed  maximum  levels  for  feed  additives  are  not  exceeded,  the  depart 
from  the  declared  content  may  go  till  three  times  the  tolerance  as  laid  down  in 
paragraph 2. 

For  feed  additives  belonging  to  the  group  of  micro-organisms  the  acceptable  upper 
limit shall correspond to the fixed maximum level. 

25 

1  unit  in  this  paragraph  means  1  mg,  1.000  IU,  1x109  CFU  or  100  enzyme  activity  units  of  the 
respective feed additive. 

EN 

38 

   EN 

 
 
                                                 
ANNEX IV 

MANDATORY LABELLING PARTICULARS FOR FEED MATERIALS 
ACCORDING TO ARTICLE 16(1) 

Feed material consisting of  

1.  Forages and roughage 

2.  Cereal grains 
3.  Products and by-products of cereal grains 

4.  Oil seeds, oil fruits 
5.  Products and by-products of oil seeds, oil fruits 

6.  Legume seeds 
7.  Products and by-products of legume seeds 

8.  Tubers, roots 
9.  Products and by-products of tubers and roots 

10.  Products and by-products of the sugar beet processing industry 

11.  Products and by-products of the sugar cane processing industry 

12.  Other seeds and fruits, their products and by-products 

13.  Other plants, their products and by-products 

14.  Milk products and by-products 

15.  Land animal products and by-products 

16.  Fish, other marine animals, their products and by-products 

17.  Minerals  

18.  Miscellaneous 

Compulsory declaration of  
Crude protein, if > 10 % 
Crude fibre 

Starch, if > 20 % 
Crude protein, if > 10 % 
Crude oils and fats, if > 5 % 
Crude fibre 

Crude protein, if > 10 % 
Crude oils and fats, if > 5 % 
Crude fibre 

Crude protein, if > 10 % 
Crude fibre 

Starch 
Crude fibre 
Ash insoluble in HCl, if > 3,5 % 
Crude fibre, if > 15 % 
Total sugar, calculated as sucrose 
Ash insoluble in HCl, if > 3,5 % 
Crude fibre, if > 15 % 
Total sugar calculated as sucrose 
Crude protein 
Crude fibre 
Crude oils and fats, if > 10 % 
Crude protein, if > 10 % 
Crude fibre 
Crude protein 
Moisture, if > 5 % 
Lactose, if > 10 % 
Crude protein, if > 10 % 
Crude oils and fats, if > 5 % 
Moisture, if > 8 % 
Crude protein, if > 10 % 
Crude fat, if > 5 % 
Moisture, if > 8 % 
Calcium  
Sodium  
Phosphorus  
Other relevant minerals 
Crude protein, if > 10 % 
Crude fibre 
Crude oils and fats, if > 10 % 
Starch, if > 30 % 
Total sugar, as sucrose, if > 10 % 
Ash insoluble in HCl, if > 3,5 % 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
ANNEX V 

LABELLING PARTICULARS FOR FOOD PRODUCING ANIMALS 

Chapter I: Feed additives as referred to in Articles 15(f) and 22(2) 

1. 

2. 

3. 

4. 

5. 

The following additives shall be listed with their name, added amount, identification 
number and respective name of the functional group such as laid down in Annex I of 
Regulation  (EC)  No  1831/2003  or  the  category  in  case  of  ‘coccidiostats  and 
histomonostats’: 

(a) 

additives where a maximum content is set, 

(b) 

(c) 

additives  belonging 
‘coccidiostats and histomonostats’, 

to 

the  categories 

‘zootechnical  additives’  and 

additives belonging to the functional group of ‘urea and its derivatives’ of the 
category  ‘nutritional  additives’  as  laid  down  in  Annex  I  of  Regulation  (EC) 
No 1831/2003. 

Feed  additives  not  mentioned  in  paragraph  1  may  be  voluntarily  indicated  in  the 
same full form or partially. 

The feed business operator placing the feed on the market shall disclose the names of 
the feed additives not mentioned in paragraph 1 to the customer on his request. 

If  a  nutritional  feed  additive  as  referred  to  in  Annex  I  of  Regulation  (EC) 
No 1831/2003 is labelled voluntarily its level of incorporation shall be indicated. 

If  an  additive  belongs  to  more  than  one  of  the  functional  groups,  the  group 
appropriate  to  its  principal  function  in  the  case  of  the  feed  in  question  shall  be 
indicated. 

EN 

40 

   EN 

 
Chapter II: Analytical constituents as referred to in Articles 17(1)(f) and 22(2) 

Feed 

Complete feed 

Complementary feed – 
Mineral 

Analytical constituents 
and levels 

- Crude protein 
- Crude fibre 
- Crude oils and fats 
- Crude ash 
- Starch 
- Total sugar (as sucrose) 
- Total sugar with starch 
- Energy value* 
- Protein value* 
- Fibre fractions 
- Lysine 
- Methionine 
- Other amino acids 
- Vitamins 
- Trace elements 
- Calcium 
- Sodium 
- Phosphorus 
- Potassium 
- Magnesium 
- Crude protein 
- Crude fibre 
- Crude oils and fats 
- Crude ash 
- Starch 
- Total sugar (as sucrose) 
- Total sugar with starch 
- Energy value* 
- Protein value* 
- Fibre fractions 
- Lysine 
- Methionine 
- Other amino acids 
- Vitamins 
- Trace elements 
- Calcium 
- Sodium 
- Phosphorus 
- Potassium 
- Magnesium 

Species or category of food producing animals 

Compulsory 
declarations 

All species 
All species 
All species 
All species 

Pigs and poultry 
Pigs and poultry 

Pigs and poultry 
Pigs and poultry 

All species 
All species 
All species 

Ruminants 

Optional declarations 

All species 
All species 
All species 
All species 
All species 
Ruminants 
Species other than pigs and poultry 
Species other than pigs and poultry 
All species 
All species 
All species 
All species 
All species 
All species  
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
Ruminants 
Species other than pigs and poultry 
Species other than pigs and poultry 
All species 
All species 
All species 

All species 
Species other than ruminants 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Complementary feed – 
Other 

- Crude protein 
- Crude fibre 
- Crude oils and fats 
- Crude ash 
- Starch 
- Total sugar (as sucrose) 
- Total sugar with starch 
- Energy value* 
- Protein value* 
- Fibre fractions 
- Lysine 
- Methionine  
- Other amino acids 
- Vitamins 
- Trace elements 
- Calcium 

≥ 5 % 
< 5 % 

- Sodium 
- Phosphorus ≥ 2 % 
< 2 % 

- Potassium 
- Magnesium 

All species 
All species 
All species 
All species 

Pigs and poultry 
Pigs and poultry 

All species 

All species 

Ruminants 

All species 
All species 
All species 
All species 
All species 
Ruminants 
Species other than pigs and poultry 
Species other than pigs and poultry 
All species 
All species 
All species 

All species 
All species 

All species 
All species 
All species other than ruminants 

* 

The  value  has  to  be  declared  according  to  the  EC-method  if  available  or  to  the  respective  official 
national method in the Member State where the feed is placed on the market if available. 

EN 

42 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX VI 

LABELLING PARTICULARS FOR NON FOOD PRODUCING ANIMALS 

Chapter I: Feed additives as referred to in Article 15(f) and 22(2) 

1. 

2. 

3. 

4. 

The following additives shall be listed with their name and/or identification number, 
added amount and the respective name of the functional group such as laid down in 
Annex I of Regulation (EC) No 1831/2003 or the category in case of ‘coccidiostats 
and histomonostats’: 

(a) 

additives where a maximum content is set, 

(b) 

(c) 

additives  belonging 
‘coccidiostats and histomonostats’, 

to 

the  categories 

‘zootechnical  additives’  and 

additives belonging to the functional group of ‘urea and its derivatives’ of the 
category  ‘nutritional  additives’  as  laid  down  in  Annex  I  of  Regulation  (EC) 
No 1831/2003. 

Feed  additives  not  mentioned  in  paragraph  1  may  be  voluntarily  indicated  in  the 
same full form or partially. 

If  a  nutritional  feed  additive  as  referred  to  in  Annex  I  of  Regulation  (EC) 
No 1831/2003 is labelled voluntarily its level of incorporation shall be indicated. 

If  an  additive  belongs  to  more  than  one  of  the  functional  groups,  the  group 
appropriate  to  its  principal  function  in  the  case  of  the  feed  in  question  shall  be 
indicated. 

EN 

43 

   EN 

 
Chapter II: Analytical constituents as referred to in Articles 17(1)(f) and 22(2) 

Feed  

Complete feed 

Complementary feed - 
Mineral 

Complementary feed - 
Other 

Analytical constituents 
and levels 

- Protein 
- Dietary fibres 
- Crude oils and fats 
- Crude ash 
- Starch 
- Total sugar (as sucrose) 
- Total sugar with starch 
- Energy value* 
- Amino acids 
- Vitamins 
- Trace elements 
- Calcium 
- Sodium 
- Phosphorus 
- Potassium 
- Magnesium 
- Protein 
- Dietary fibres 
- Crude oils and fats 
- Crude ash 
- Starch 
- Total sugar (as sucrose) 
- Total sugar with starch 
- Energy value* 
- Amino acids 
- Vitamins 
- Trace elements 
- Calcium 
- Sodium 
- Phosphorus 
- Potassium 
- Magnesium 
- Protein 
- Dietary fibres 
- Crude oils and fats 
- Crude ash 
- Starch 
- Total sugar (as sucrose) 
- Total sugar with starch 
- Energy value* 
- Amino acids 
- Vitamins 
- Trace elements 
- Calcium 
- Sodium 
- Phosphorus 
- Potassium 
- Magnesium  

Optional declarations 

Species or category of non food producing animals 
Compulsory 
declarations 
Cats and dogs 
Cats and dogs 
Cats and dogs 
Cats and dogs 

Species other than cats and dogs 
Species other than cats and dogs 
Species other than cats and dogs 
Species other than cats and dogs 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species  
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 

All species 
All species 
All species 

Cats and dogs 
Cats and dogs 
Cats and dogs 
Cats and dogs 

All species 
All species  
Species other than cats and dogs 
Species other than cats and dogs 
Species other than cats and dogs 
Species other than cats and dogs 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 
All species 

EN 

44 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX VII 

CORRELATION TABLE 

Directive 79/373/EEC 

Directive 96/25/EC  

This Regulation 

Other acts: Directives 
80/511/EEC (1), 
82/471/EEC (2), 
93/74/EEC (3) or  
93/113 EC (4) 

- 

- 

- 

Article 1 

Article 1 

(2), (4): Article 1 
(3): Article 4 

Article 1 

Article 2 

Article 2 

Article 2 

(2), (3): Article 2 

Article 3 

- 

Article 3 

- 

Article 12 

- 

Article 3 

Article 4 

- 

- 

Article 4(1) 

(3): Article 1(2) 

Article 4(2) 

- 

Article 4(3) 

Article 5(1) 

(3): Article 10(2) 

Article 5(2) 

Article 10a(3) 

Article 11(b) 

(2): Article 8 

- 

- 

- 

- 

- 

- 

(3): Article 3 

Article 6 

Article 7 

Article 8 

Article 9 

Article 5e 

Article 11(1) 

Article 5(2) 

Article 5(1) 

(2): Article 5(2) 

Article 11(2) 

(3): Article 6 

Article 10 

- 

- 

- 

Article 5(6) 

Articles 4 and 6(4) 

Article 6 

Article 5(1) 

Article 5e 

Article 4 

Article 5(1) 

Article 5(2) 

Article 5(1), Article 11 

Article 5(1), Article 9 

Articles 5(1) and 5(5)(c) 

Article 5(1) 

Article 11(3) 

Article 11(4) 

Article 11(5) 

Article 12 

(3): Article 5(6) 

Article 13 

Article 14 

Article 15 

(4): Article 7(1)E and 
Directive 70/524/EEC: 
Article 16 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
- 

Article 16 

Article 17(1) 

Article 17(2) 

Article 17(3) 

(3): Articles 5(1), (4), (7) 
and 6(a) 

Article 18 

Article 5(1)(c), (d) and 7 

Articles 5(1), 5c and 5d 

- 

Article 5c(3) 

- 

Article 5(5)(d) 

Article 5(5)(b) 

Article 5(5)(a) 

- 

- 

Article 8 

Article 6(1)(a) 

Article 6(3)(a) 

Article 5(2) 

Article 5(3), 6(1)(b) 

- 

- 

Article 14(c) 

Article 5(3), 5c(4) and 5e  Article 5(2) 

- 

- 

Article 4(1) 

(1): Article 1 

- 

- 

- 

Article 5(4) 

- 

- 

- 

- 

- 

- 

Article 10 

Article 13 

Article 11 

Article 13 

(2): Article 13 and 14 
(3): Article 9 

- 

- 

- 

- 

- 

EN 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

46 

Article 19 

Article 20 

Article 21(1) 

Article 21(2) 

Article 21(3) 

Article 21(4) 

Article 21(5) 

Article 21(6) 

Article 21(7) 

Article 21(8) 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 31 

Article 32 

Article 33 

Article 34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Annex Part A(2), (3), (4) 

Annex Part A(II), (VI),  

Annex Part A(1) and 
Article 5(6), 

Article 6(4) 

Annex Part A(5), (6) 

Annex Part A(VII) 

Annex Part C 

Annex Part B 

Annex Part B 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

EN 

47 

   EN