How to apply for registration or approval
All businesses that make, use or market animal feed in Scotland need to register with their local authority, under the Feed Hygiene Regulation of January 2006. This includes most livestock farms, arable farms that grow, use or sell crops for feed use, and fish farms.
Under the EU Feed Hygiene Regulation (183/2005), there is a system for the approval and registration of feed business establishments (premises) that manufacture, market, distribute or use animal feeds, including feed additives.
Who requires to be registered or approved?
Virtually all feed businesses that make, market or use animal feed, including manufacturers of compound feeds, feed materials, feed additives and premixtures, and importers and sellers of these products, require to be registered and/or approved. The Regulation also applies to those who transport (e.g. haulage companies) or store feed, to biofuel and food businesses selling co-products or surplus food for use as feed, to pet food manufacturers, and to feed for creatures living freely in the wild and wild game intended for human consumption. Livestock farms, fish farms and arable farms growing and using or selling crops for feed use are also within the scope of the Regulation.
It is important that food and feed business operators are registered for the correct activity as this may affect the risk rating of the business and hence the required visit frequency. Correct registration of food and feed business operators enable enforcement authorities to service plan effectively, allocating resources to the highest risk activities, resulting in an accurate list of registered food and feed establishments. It also helps ensure that businesses can be effectively advised on their obligations under food and feed law, which may vary depending on the type of activity taking place. The identification of primary production food businesses will assist in the future delivery of a more targeted, prioritised food hygiene inspection programme to achieve greater efficiencies and public health protection while limiting inspection burdens on businesses.
What is the difference between approval and registration?
Approval requires a prior inspection visit by the enforcement authority before a feed business establishment is allowed to operate. Registration involves the placing of establishments on a list which will be used to develop a programme of official controls. The vast majority of feed business establishments, including most farms, are subject to the registration requirement. The requirement for approval applies to those establishments which carry out certain higher risk activities such as the manufacture and marketing of certain feed additives or premixtures of feed additives, or the production of feed containing specified feed additives.
How does a business apply for approval and/or registration?
Feed business operators must notify the relevant enforcement authority of any establishment under their control active in any stage of the production, processing, storage, transport or distribution of feed, with a view to applying for approval and/or registration. A model application document for this purpose, which has a list of approval and registration activities annexed to it, can be found in the Feed Law Code of Practice (Scotland).
Is it possible to amend an approval or registration?
Yes. For example, this might be where a new activity is to be carried out. In such a case, a new application should be completed. It will need to include similar details to the original application on the identity of the establishment; however, the new activity should be indicated in section 3 of the application.
Is there a fee for registration or approval?
There are no fees for the registration of establishments. However, there is a fee chargeable by the enforcement authority for establishments applying for approval for the first time, and for an amendment to an existing approval. The provisions on approval fees are set out in Regulation 14 and Schedule 2 of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005.
The list of UK approved establishments is available on the Food Standards Agency website.
Register of representatives of non-European Union feed establishments
Feed establishments in third countries (non-EU countries) which manufacture certain additives and premixtures of additives and compound feeds that contain them, and which export such products to the EU, must have a representative registered in the EU.
Council Directive 95/69/EC required certain feed business establishments operating in the EU and engaged in the manufacture, marketing and use of certain feed additives to be approved or registered. The Directive also envisaged the application of equivalent standards to third country establishments exporting certain feed additives and feed containing those additives to the EU. The Directive was replaced by EC Regulation 183/2005 on feed hygiene, which applies to all feed business establishments in the EU irrespective of their activities and requires their approval or registration by Member State competent authorities.
Directive 98/51/EC applied to imports from third countries of the products to which Directive 95/59 applied, and provided that Member States could import these only from third country establishments which have representatives in the EU. These representatives are required to submit to the competent authority declarations as to the activities carried out by the third country manufacturing establishment. The overall system is intended to ensure that imported additives, premixtures and feed products comply with the same quality control standards as apply in Member States.
Although both Directives were repealed by EC Regulation 183/2005, a transitional provision in the Regulation requires that for the time being imports must continue to be authorised under Directive 98/51 pending the drawing up of lists of third country establishments permitted to export to the EU.
Representatives of third country manufacturers exporting to the EU are required to make a declaration on behalf of those manufacturers before importation can take place. The declaration requires the representative to ensure that the third country establishment complies with requirements at least equivalent to those EU feed businesses must comply with, provide evidence to show how you ensure compliance with the necessary requirements and that you keep a register of all the products the establishment sells in the EU for which you are the declarant.
In the UK, a person wishing to act as a representative of a third country establishment must submit a declaration to the Food Standards Agency (unless the declaration concerns zootechnical additives, in which case it should be sent to the Veterinary Medicines Directorate).
Veterinary Medicines Directorate (VMD)
The Veterinary Medicines Directorate (VMD) approve premises that market, manufacture or use specified feed additives (e.g. coccidiostats, histomonostats and non-antibiotic growth promoters) and a list of approved feed premises can be found on the VMD website.