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Latest update 24 January 2010
CONFIDENTIAL: This Document Is To Be Circulated To PFMA Member Companies Only And Their Staff
FREQUENTLY ASKED QUESTIONS- Summary for PFMA members (internal confidential document)
Please be aware that the following comments are the PFMA interpretation of Regulation 767/2009. As with all legislation only courts can decide on the correct interpretation on law.
- Scope of the new Regulation on the Marketing and Use of FeedUpdated
Regulation 767/2009 lays down the rules on the placing on the market and use of feedfor both food producing and non-food producing animal (animals not used for human consumption including pets, wild birds, etc (see Art 3 (d))) within the EU, including requirements for labelling, packaging and presentation (Art 2). The FSA confirmed that the legislation applies to feed for wild animals.
- Information on the internet- will this be covered?
Information provided on the internet is also covered by the new Regulation on the Marketing and Use of Feed.
This is because labelling is defined as “means the attribution of any words, particulars, trade marks, brand name, pictorial matter or symbol to a feed by placing this information on any medium referring to or accompanying such feed, such as packaging, container, notice, label, document, ring, collar or theInternet, including for advertising purposes” (Art 3 (s)).
- Do dog chews, hay tunnels, wood play stick fall under scope of the new Regulation
The dog chews and hay tunnels would be classified as animal feed (nutritional value). Dog chews would be considered complementary feedingstuffs and hay tunnels as feed materials (hay), and therefore labelled accordingly. Wood play stick would not fall under the scope of the Regulation on the Marketing and Use of Feed and would therefore not be labelled in accordance with it.
Please be aware that the FSA/LACORS have their own definition with regard to dog chews that diverges for the PFMA/FEDIAF interpretation [For LACORS the 5% starch content was the dividing line between single component chews (hides - toys, no nutritional value) vs complementary products which are compound feeds)]
- Transitional period- how will it work?Updated
The Regulation of the Marketing and Use of Feed is now in force, and applies since 1 September 2010.
A specific transitional period for pet food has been agreed (Regulation 454/2010)
“By way of derogation from the second paragraph of Article 33 of Regulation (EC) No 767/2009, feed intended for pet animals and 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. After that date, it may remain on the market until stocks are exhausted.”
This means that feed intended for pet animals and labelled in accordance with the Feedingstuffs Regulations 2005 might be placed on the market until 31 August 2011. After that date, it might remain on the market until stocks were exhausted.
- Pet food products imported from 3rd countriesNEW
From 1 September all pet food placed on the market[1] in the EU has to comply with the rules laid in Regulation 767/2009.
Importers need to assure that all their imported products still carrying labels in line with the Feedingstuffs Regulation 2005 have passed the BIP by from 31 August 2011. Products passing the BIP after 1 September have to be labelled in line with the new Regulation.
- Information on implementation in other EU countries
We do currently not collect this kind of information.
- When do you have to label analytical constituents?Updated
For cat and dog food, the following information has to be given on the label: Crude Protein, Crude fibres, Crude oils and fats and Crude ash
Current: Terms used to declare analytical constituents(Feedingstuffs Regulations 2005) / New! Regulation 767/2009
Terms used to declare analytical constituents / New! Regulation 767/2009
Additional options to be used for pet food
Protein / Crude Protein / Protein
Fibre / Crude fibres
Oils and Fats / Crude oils and fats / Fat content
Ash / Crude ash / Incinerated residue
Inorganic matter
For other pet animals the information on analytical constituents can be added voluntarily.
In addition to the mandatory information it is also possible to include information on amino acids, vitamins and trace elements (declared by their total amount in the product).
For example: to label “Ash” for cat/dog food companies can use one of the following terms:
Crude ash, Incinerated residue or Inorganic matter
- Declaration of vitamins: as in mixing bowl vs in the final product at the end of shelf life?
Vitamins with a legal maximum established for any species (e.g. Vitamin D2, Vitamin D3, Vitamin A) have to be declared under “Additives” by stating the added amount.
Vitamins can also be declared under “Analytical Constituents”, where the total amount has to be listed. The amount listed under analytical constituents has to be the amount expected in the product by the end of the shelf live.
- Where to declare vitamin & minerals (ingredients list vs additives list vs analytical constituents) Updated
Vitamins and mineral where a legal maximum has been laid down in the legislation have to be listed under “Additives”.
They have to be declared by
- the name of the functional group or the category (see Reg 1831/2003 for details).
- the name under which the substances has been authorised, and/or by the identification number , and
- the actual amount added
Information specific labelling conditionswill be listed in the individual additive authorisation.
For example, for Vitamin E the following applies (as defined in Regulation 26/2011):
- The term “Vitamin E” would be permitted on the label
- Instead of “Vitamin E”, the specific names of the forms of vitamin E may be labelled (or both)
- Expression of the amount added can be done either by “mg/kg” or by “IU/kg” (conversion factors listed)
Example 1: Additives per kg: Vitamins 1): Vitamin A2) 8 mg, Vitamin D22)0.04 mg; Trace elements1): Zinc sulphate heptahydrate 100 mg, Copper sulphate monohydrate 50mg
Example 2: Additives per kg: Nutritional Additives: Vitamin A 2) 8 mg, Vitamin D22) 0.04 mg, Zinc sulphate heptahydrate 100 mg, Copper sulphate monohydrate 50mg
1)Please be aware that the correct terminology would be “Vitamins, Pro-vitamins and chemically well-defined substances having similar effect” and “compounds of trace elements”. In discussion with LG Regulation and FSA it has been pointed out that simple “Vitamins” and “Trace elements” would be more meaningful for consumer purchasing pet food. It was been agreed that a pragmatic approach should be taken.
2) Please be aware that as additives have to be declared by the name under which the substances has been authorised. Therefore, when you declare vitamins you would need to check the correct terminology.
For example, Vitamin C is listed as Vitamin C L-Ascorbic Acid, Vitamin C Sodium L- ascorbate, etc
- How to declare ingredients (mixing bowl principle)UPDATED
For compound feed for pet animals, the feed materials must be listed by specific name or category (as laid down in Directive 82/475) in descending order by weight. Specific amounts in % may be indicated and have to be indicated if particular attention is paid to specific ingredients (e.g. “with beef” indication in the composition about the amount of beef, for example, category labelling: meat and animal derivatives (4% beef), or single ingredients list: beef (4 %)).
Please be aware:
Based on the discussion with the EU Commission and national experts the following declaration of the highlighted feed materials is not considered acceptable any more:
meat and animal derivatives (min 4% beef), or single ingredients list: beef (min 4 %)).
The term “min” should not precede the percentage declaration.
- Additives labelling on multilanguage labelsNEW
All statutory information (e.g. information on additives) has to be provided in at least the language or one of the official languages of the Member State or region in which it is placed on the market.
The information on additives needs to be provided in the official language(s) of the markets where the product is placed.
- How are digests listed on the label
Digest can be considered as ingredients and labelled under “composition”. There would be several options. They are considered as animal by-products (Reg 1774/2002, see flavouring innards) and in the case of category labelling could fall under “meat and animal derivatives”, in the case of a single ingredients list, the manufactures would need to consider the best possible term for labelling, e.g. chicken digest, etc.
- Which additives have to be declared?
The following additives have to be declared under the declaration “Additives”:
- Additives with a legal maximum limit for any species
- Additives which are particularly mentioned on the label (e.g. with Vitamin A )
All other additives used can be declared on the label voluntarily.
- How to declare additives? UPDATE
Added additives have to be listed under “Additives”. They have to be declared by the name under which the substances has been authorised, and/or by the identification number[2] and the name of the functional group or the category (see Reg 1831/2003 for details).
There is a specific provision for the labelling of colourants, antioxidants and preservatives with a maximum limit. If these are used, only the functional group (colourant, antioxidant, preservative) has to be listed (without indication of the amount used).
Example for additives labelling options in accordance with the new Regulation:
OPTION 1:
Additives per kg: Colourants: copper chlorophyll complex (E141[3]) xy mg, sunset yellow (E110) xy mg, Preservatives: sodium metabisulphite (E222) xy mg; Antioxidants: butylated hydroxy anisole (E320) xy mg, butylated hydroxyl toluene (E 324) xy mg;Vitamins4): Vitamin A (E 672) xx mg, Vitamin D3 (E671) xy mg;trace elements4): Copper sulphate (E4) xy mg, Zinc sulphate heptahydrate (E6) xy mg, Sodium selenite (E8) xy mg; Gut Flora Stabilizers: Enterococcus faecium DSM 10663/NCIMB 10415 (E1707) xy cfu
OPTION 2: use of the derogation for pet food on the labelling of colourants, antioxidants and preservatives
Additives per kg: Colourants, Preservatives , Antioxidants; Vitamins4): Vitamin A (E 672) xy mg, Vitamin D3 (E671) xy mg; trace elements[4]): Copper sulphate (E4) xy mg, Zinc sulphate heptahydrate (E6) xymg, Sodium selenite (E8) xy mg, Gut Flora Stabilizers: Enterococcus faecium DSM 10663/NCIMB 10415 (E1707) xy cfu
OPTION 3: use of the derogation for pet food, categories instead of function groups, use of E numbers only
Additives per kg: Colourants, Preservatives , Antioxidants; Nutritional additives: folic acid xy mg, E 672 xy mg, E671 xy mg, E4 xy mg, E6 xy mg, E8 xy mg; Zootechnical additives: E1707 xy cfu
Possible additional option sometime in the future (under discussion; timeframe: 6 months to 24 months possible):
Based on discussion with other industry bodies and national experts, we lobby for the following to be possible in the future:
Example:
Trace elements: Zinc 115 mg/kg
This is an interpretation that has not been agreed with neither the Commission nor enforcement authorities. However, we hope that this interpretation would be acceptable, as it would be easier
- for enforcement authorities to check the amount in the product
- for enforcement authorities to check against the maximum limits for the respective additives (reference to the element and not the substance)
- for manufacturer to change the supplier without changing the label
- The future of E-numbers?NEW
The Commission has expressed their intention to replace the E-numbers used for feed additives with a specific animal feed additives numbering system.
The new systematic numbering approach has already been applied for new authorised additives. It would incorporate in the number a code for the category and function. The aim of the system is to introduce a single unique identification number for each additive.
The new numbers would be formed following the following principles:
category “+“functional group”+”old number if existing”(1)+optional additional code(2)
(1) old number, if existing and if equal or similar to E number as food additive
(2) for silage additives, flavourings, vitamins, trace elements, other groups
For example: Copper chelate of hydroxyl analogue of methionine 3b410
There would be special provisions for additives that have different functions (e.g. maybe by category under which it was authorised first).
Example:
Additives per kg: Vitamins: Vitamin A (3a672) xy mg; Trace elements: zinc chelate of hydroxy analogue of methionine (3b6.10) xy mg
Additives per kg: Vitamins: 3a672 xy mg; Trace elements: 3b6.10 xy mg
PFMA continues to lobby for the use of E-numbers on pet food labels.
- Labelling additives by category or functional group? NEW
Additives have to be declared by
- the name of the functional group or the category (see Reg 1831/2003 for details).
- the name under which the substances has been authorised, and/or by the identification number , and the actual amount added
The Regulation gives producers the option to either label the functional group (preservatives, antioxidants, Vitamins) or the category (nutritional additive, sensory additives, etc)
Feed business operators are free to decide whether to label the category or the functional group of a feed additive incorporated in feed.
For your information, it seems that this flexibility was unintended. The Commission pointed out that they would prefer the labelling of the functional group (see: Summary notes of the Standing Committee (Animal Feed) 18/19 November 2010).
- Labelling of preservatives, colourants and antioxidants
If a preservative, colourant or antioxidant has a maximum legal limit it has to be labelled under the new Regulation (for example, BHA, BHT, sodium nitrate, sodium metabisulphite, tartrazine, sunset yellow FCF, etc).
Other preservatives, colourants or antioxidants can be labelled if the manufacturer wants to declare them. If the manufactures draw particular attention to the presence of any preservative, colourant or antioxidant they would also need to be labelled (“with Caramel” – caramel would need to be listed under “Additives” ).
However, there is also a specific derogation for the labelling of preservatives, colourants and antioxidants in pet food. Instead of listing the added preservative, colourant or antioxidant under “Additives” - e.g. Colourants: copper chlorophyll complex (E141) xy mg, sunset yellow (E110) xy mg, Preservatives: sodium metabisulphite (E222) xy mg; Antioxidants: butylated hydroxy anisole (E320) xy mg, butylated hydroxyl toluene (E 324) xy mg - it is possible to simply refer to Colourants, Antioxidants and Preservatives, without indication of the amount added. Note: in this Regulation, colourant is now spelled with a “u”, and not as in the previous directive where it was spelled “colorant”.
- Category labelling vs full ingredients list
Although the new Regulation permits mixing categories and single ingredients in one listing, in line with previous legislation, it has been agreed in the FEDIAF Code that the use of one of these two forms of declaration shall exclude use of the other, except where one of the feed materials for petfood used belongs to none of the categories which have been defined; in that case, the feed material for pet food designated by its specific name, shall be mentioned in descending order by weight in relation to the categories (e.g. herbs).
Furthermore, it shall be permitted to label the term “minerals” even if feed materials are labelled by specific names.
- GM labelling- does it apply to pet food?
Pet food consisting of or containing GMOs or derived from GMO products must be labeled in line with Regulation 1829/2003.
Tolerances have been established under which there is no obligation to indicate the presence of GMOs on the labels. Nevertheless this is only possible provided that the presence is adventitious or technically unavoidable and the operators must be in a position to supply evidence to satisfy the competent authorities that they have taken appropriate steps to avoid the presence of such materials.
The tolerances that should be applied to each single feed material are the following:
No higher than 0.9 % for the GMOs authorized in the EU
- Declaration of processing aids?
Single feed materials may not contain processing aids. However, compound feedingstuffs i.e. pet food, may contain processing aids, providing that:
- they are permitted for use in pet food
- they meet the definition of a processing aid provided in 1831/2003, most importantly that it performs no technological function in the finished product and is only present in technologically unavoidable amounts.
If these conditions are met, the additive does not need to be labelled.
- Carry-over of additives
Carry-over additives are those added to a feed material in order to perform a particular function e.g. an antioxidant added to sunflower oil. Provided that this is its only function, it need not be labelled. It is unacceptable to add larger amounts to feed materials in order for it to have a technological effect in the finished product.
In addition, for some additives such as BHA/BHT, any carry-over amounts must be taken into account against the legal maximum when considering adding further amounts at mixing bowl stage.
Finally, manufacturers should consider the impact of carry-over additives upon any claims relating to the presence or absence of additives.
- Tolerances for analytical declarations
Following the publication of the Regulation on the Marketing and Use of Feed (Reg 767/2009) there has been discussion on the tolerance as laid down under Annex IV.
In discussion with national experts and stakeholders it has transpired that the published tolerance were unachievable for certain kinds of feedingstuffs (e.g. moist feed, including wet pet food).
Regulation 939/2010replaces the Annex IV of Regulation 767/2009/EC.
We would recommend members use the following tolerences:
–Labels in line with Feedingstuffs Regulations 2005 (acceptable for products put on the market before 31 August 2011): Tolerance laid down in Feedingstuffs Regulations 2005
–Labels in line with Regulation 767/2009: Tolerances laid down in Regulation 939/2010
- Factory identification number? (which number to label, list of factory identification numbers, etc)Updated
The new Regulation enables manufacturers to label approval or registration number issued either under Reg 1774/2002 or 183/2005 (or earlier version, in the case of 3rd country factories) to indicate the factory identification number.
a)Which number has to be labelled?
–the approval number of the person responsible for the labelling (Art 15)
–this number will have been granted under either EU Regulation 1774/2002 (now 1069/2009) on animal by products or EU Regulation 183/2005 on feed hygiene.
–If the person responsible for the labelling has more than one number, that granted under Regulation 183/2005 should be used.
b)Which number to choose if the manufacturer is not the person responsible for the labelling (Article 17.1(c))?