Businesses that use, manufacture or sell animal feed must be registered or approved by Food Standards Scotland and comply with specified rules in respect of their facilities, storage, personnel and record-keeping. This includes farmers feeding animals producing food for human consumption and arable farms growing crops for feed use.
Food Standards Scotland works closely with UK regulators (Scottish Government, Local Authorities, Animal Plant Health Agency, Veterinary Medicine Directorate, Department Environment and Rural Affairs) to ensure that feed produced, distributed and sold is safe and meets legislative requirements.
Following the end of the transition period, animal feed placed on the market in GB should comply with the following retained EU legislation:
- 178/2002 on the principles of food and feed law
- 183/2005 laying down requirements for feed hygiene
- 767/2009 on the placing on the market and use of feed
- 68/2013 catalogue of feed materials
- 1831/2003 on additives for use in animal nutrition
- 1829/2003 on genetically modified food and feeds
- 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes (PARNUTS)
- 2002/32/EC on undesirable substances in animal feed, contaminants.
- 152/2009 on sampling and analysis for official control of feed
- 2017/625 on official controls and other official activities
Regulation 178/2002 defines food law as including the production, processing and distribution of feed for food-producing animals and defines a 'feed business' as any business carrying out any operation of production, manufacture, processing, storage, transport, or distribution of feed. This includes all producing, processing or storing of animal feed. Articles 15-18 and 20-21 set out feed safety requirements, traceability, and the responsibilities of feed business operators.
Regulation 183/2005 requires most businesses involved in the use, manufacture or marketing of feeds to be approved or registered with their competent authority. It sets standards relating to the transport, storage of feed as well as the training of personnel and keeping of records.
Regulation 767/2009 sets out the requirements for the marketing, labelling and composition of animal feeding stuffs and includes provisions intended to safeguard both animal and human health. It requires that feed may be placed on the market and used only if it is safe and does not have a direct adverse effect on the environment or animal welfare.
Regulation 68/2013 is the catalogue of feed materials, provided for in Regulation 767/2009 on feed labelling.
Regulation 1831/2003 sets out the procedure for authorising the placing on the market and use of feed additives and the rules for supervision and labelling of feed additives and premixtures. The Regulation covers the feed additive categories: technological, sensory, nutritional, zootechnical, coccidiostats and histomonostats. Feed additives require authorisation as Regulated Products before they can be sold in the UK and must be authorised using the new GB regulated products application service and appear on the register of regulated food and feed products for Great Britain. For further information refer to guidance for applicants and Regulated Products and processes.
Regulation 1829/2003 sets out the procedure for the authorisation and supervision of genetically modified food and feed and the rules for the labelling of genetically modified organisms (GMOs). Genetically Modified feed products require authorisation as Regulated Products before they can be sold in the UK and must be authorised using the new GB regulated products application service.
Regulation 2020/354 sets out the rules for marketing of ‘dietetic’ feed, feed intended for particular nutritional purposes (PARNUTS). The list with authorised intended uses for dietetic feed for pets and farm animals is within this Regulation. PARNUTS require authorisation as Regulated Products before they can be sold in the UK and must be authorised using the new GB regulated products application service.
Council Directive 2002/32/EC on undesirable substances in animal feed ensures that feed is put into circulation only if it is of ‘sound, genuine and merchantable quality’ and does not represent any danger to human health, animal health or the environment or do not adversely affect the livestock production.
The main regulatory requirements for mycotoxins are set out in Directive 2002/32. In addition, Commission recommendations are in place for mycotoxins in feed:
Read guidance on contaminants.
Commission Regulation (EC) No 152/2009 provides the sampling and analysis methods for the official control of feed.
Regulation 2017/625 outlines the official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules.
Following the end of the transition period, the Scottish Statutory Instruments (SSIs) continue to apply and have been updated to include references to retained EU legislation. The SSIs are available at Legislation.gov.uk and further information on changes at EU Exit legislation.
- Part IV of the Agriculture Act 1970, in so far as it relates to animal feeding stuffs
- The Animal Feed (Basic Safety Standards) (Scotland) Regulations 2018
- The Animal Feed (Scotland) Regulations 2010
- The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005
- The Official Feed and Food Controls (Scotland) Regulations 2009
- Genetically Modified Animal Feed (Scotland) Regulations 2004
- Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004
- Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010
- The Official Feed and Food Controls (Miscellaneous Amendment) (Scotland) Regulations 2019
- The Feed (Transfer of Functions) (Miscellaneous Amendments) Scotland Regulations 2020
Other relevant feed guidance produced by Food Standards Agency prior to the establishment of FSS and applicable across the UK can be found on the FSA website.
The Scottish Food and Feed Law guide describes the range of EU and domestic legislation applicable to this sector.
What is pet food?
Pet food is any product produced by a pet food manufacturer (even if produced in your own home) - whether processed, partially processed or unprocessed - intended to be ingested by pet animals after placing on the market. Usually pet food is in the form of a coarse mix, biscuits, or as a wet food, but it also can be dog treats and raw feed (frozen or fresh).
Feed legislation applies principally to feed for 'food-producing animals', which means farmed livestock, including rabbits and horses. However, it also covers feed for 'non-food producing animals' which means creatures living freely in the wild, fur-bearing animals, animals kept in zoos, circuses, laboratories and also pets.
Legal requirements for manufacturing pet food
All pet food manufacturers must be registered and comply with the following retained EU feed legislation which applies to pet food manufactured on an industrial scale and also to smaller scale manufacturers, including pet food manufactured in a person's private home or small unit.
Regulation (EC) No 183/2005 laying down requirements for feed hygiene sets out the feed safety and hygiene requirements at all stages of the production of pet food and include:
- facilities and equipment
- quality control including Hazard Analysis and Critical Control Point (HACCP - feed-safety management system)
- storage and transport
- record-keeping, including traceability
- complaints and product recall.
Regulation (EC) No 767/2009 on the placing on the market and use of feed applies to pet food and sets out the:
- safety and marketing requirements
- stringent labelling, presentation and packaging requirements, including analytical declarations
- manufacturer responsibilities
- substantiation of any claims, including nutritional claims
- prohibition on the misleading of purchasers
- prohibition on making medicinal claims.
Directive 2002/32/EC on undesirable substances in animal feed and Regulation 2020/354 feed for particular nutritional purposes (PARNUTS) applies to pet food and provides for the:
- maximum levels of various contaminants (for example, arsenic, lead, dioxins and certain pesticides)
- marketing of dietetic feed (feed intended for particular nutritional purposes), provides a list of authorised intended uses for PARNUTS/dietetic feed for example for cats and dogs and their intended uses for the; reduction of ingredient and nutrient intolerances, compensation for maldigestion.
Regulation 1831/2003 on additives for use in animal nutrition contains requirements for additives in pet food, for example for; vitamins, colourants, flavourings and binders and their authorised use and provides for the:
- categorisation of feed additives
- authorisation of feed additives
- labelling and packaging of feed additives
- provisions relating to a register of additives
Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and Regulation 142/2011 relates to animal by-products, which are material of animal origin comprising those parts of animals that are either deemed surplus to human consumption or are not normally consumed by people, and derived from animals inspected and passed as fit for human consumption prior to slaughter. It may also include products of animal origin - for example, eggs, milk, butter, honey, etc. These animal materials or animal products not intended for human consumption, are classified as 'animal by-products' (ABP) under this Regulation (usually category 3 ABP) and must be free of any transmissible disease, and excludes material from dying, diseased or disabled animals.
The Animal and Plant Health Agency (APHA) is responsible for inspecting animal by product operators in Scotland and can provide guidance on the requirements applicable to pet food manufacturers using ABPs. Approval by APHA is required for pet food manufacturers using category 3 ABP. This includes premises manufacturing pet food in domestic houses or small units, whether using meat fit for human consumption or category 3 ABPs. Read guidance on ABPs and feeding animals ABPs.
The retained EU legislation on ABPs is implemented by the Animal By-Products (Enforcement) (Scotland) Regulations 2013 and the Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2015. Further guidance is available from the Scottish Government Animal Health and Welfare.