Animal Food

Marketing of feed

Regulation 767/2009 simplifies the procedures for the labelling and marketing of feed. It improves the efficacy of the general system while guaranteeing a high level of protection for animal health and welfare, and for public health. This Regulation also helps to provide proper information to users concerning the true content of the feed they purchase for their animals.

ACT

Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC.

SUMMARY

This Regulation lays down rules on the placing on the market and use of feed for food-producing animals or pets. It also lays down labelling, packaging and presentation requirements.

Feed

This Regulation covers feed, i.e. any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals.

It applies without prejudice to provisions in the field of animal nutrition concerning:

• medicated feedingstuffs;
• undesirable substances;
• transmissible spongiform encephalopathies;
• animal by-products not intended for human consumption;
• genetically modified food and feed;
• the traceability and labelling of genetically modified organisms (GMOs);
• additives; and
• the production and labelling of organic products.

Marketing and use

Animal feed shall comply with safety and marketing requirements. In particular, it shall:

• be safe;
• not have a direct adverse effect on the environment or animal welfare;
• be sound, genuine, unadulterated, fit for purpose and of merchantable quality;
• be labelled, packaged and presented in accordance with the applicable legislation; and
• comply with the technical provisions on impurities and other chemical determinants (see Annex I to the Regulation).

Feed shall not contain materials whose placing on the market or use is restricted or prohibited (see Annex III to the Regulation).

The traceability of feed shall be guaranteed at all stages of production, processing and distribution. Feed business operators must therefore be capable of identifying any person who has provided them with feed, a food-producing animal or any substance intended or likely to be incorporated into feed.

Feed which is or is likely to be placed on the market in the European Community shall be labelled or identified appropriately in order to facilitate its traceability.

If the feed business operator considers that a feed does not meet the feed safety requirements, it shall immediately initiate the procedures for withdrawing the feed in question from the market. It shall then inform the competent authorities and users without delay.

Labelling and presentation

This Regulation establishes general provisions for the labelling and presentation of all feed, such as the obligation to indicate:

• the type of feed;
• the name and address of the operator;
• the batch or lot reference number;
• the net weight;
• the list of additives used; and
• the moisture content.

The labelling and presentation of feed must not mislead the user concerning the intended use or characteristics of the feed. The mandatory labelling particulars shall be clearly visible on the packaging, the container, on a label attached thereto or on the document accompanying the feed. The particulars shall be clearly legible and indelible. They shall be given in at least one of the official languages of the Member State or region in which the feed is marketed.

Specific labelling requirements are laid down for feed materials, compound feed and “dietetic” feed. All claims relating to feed must be duly justified.

The labelling of pet food shall include a telephone number for customers wishing to know more about the ingredients used.

Packaging

Feed materials and compound feed shall be placed on the market in sealed packages and containers.

However, certain feed may be placed on the market in bulk or in unsealed packages or containers. This derogation concerns:

• feed materials;
• mixtures of grain and whole fruit;
• deliveries between producers of compound feed;
• compound feed delivered by the producer to the user or packaging firms;
• 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; and
• blocks or licks.

Community Catalogue of feed materials

The Community Catalogue of feed materials is intended to improve the labelling of feed materials and compound feed. For each material listed, it includes the following particulars:

• the name;
• the identification number;
• a description (including information on the manufacturing process); and
• a glossary of definitions.

Community Codes of good labelling practice

Stakeholders are also encouraged to create Community Codes of exemplary practice in the context of optional labelling: one for pet food and one for compound feed for food-producing animals.

REFERENCES

DEROGATION FROM THE ACT

Regulation (EU) No 454/2010 [Official Journal L 128 du 27.5.2010].
Feed intended for pet animals which is labelled in accordance with Directive 79/373/EEC and Article 16 of Directive 70/524/EEC may be placed on the market until 31 August 2011.

LATEST AMENDMENTS TO THE ANNEXES

Annex III - List of restricted or prohibited materials
Regulation (EU) No 568/2010 [Official Journal L 163 of 30.6.2010].

RELATED ACTS

Commission Regulation (EU) No 242/2010 of 19 March 2010 creating the Catalogue of feed materials [Official Journal L 77 of 24.3.2010].

Last updated: 25.08.2010