Recent changes to approvals, authorisations and registrations in the animal feed sector

When is an approval, authorisation or registration required?

To find out whether a registration, approval, or in Belgium also an authorisation, is required, one can first consult the following legislation:

• European Regulation EC 183/2005: to find out whether approval is required or whether registration alone is sufficient, article 10 can be consulted, which lists the activities requiring approval in the context of the manufacture and/or trade of compound feed, additives and premixtures. In addition, annex II of this regulation states, under 'premises and equipment', that operators who process crude vegetable oil, produce biodiesel, carry out fat blending or oleochemical production of fatty acids also require approval. 

• European Regulation EC 1069/2009: for businesses that transport, handle, use or process animal by-products, articles 23 and 24 state when approval or registration is required.
• Royal Decree of 16/1/2006: annex II sets out which establishments must hold an approval and annex III sets out which establishments require an authorisation, for every sector in both the food and animal feed sectors.

The FASFC also has an activity list on its website that is regularly updated and where you can search per activity what needs to be complied with; registration, approval or authorisation. In addition, you can also check the activity fact sheets on the FASFC website, where a number of details of the activity can be found:

• The description of the activity and any additional information
• A mandatory activity where applicable: this is another activity that must also be carried out in order to be allowed to carry out the activities of the activity fact sheet
• Implicit activities: these are activities that follow from the activity of the fact sheet and do not need to be applied for separately
• Consequential activities: an activity that cannot be carried out on its own, follows from the activity of the fact sheet and must be applied for separately
• Related activities: an activity that often goes together with the activity of the fact sheet and must be applied for separately
• Regulatory basis
• Documents to be submitted when applying for the activity

How do you apply for an approval, registration or authorisation?

• Operators already known to the FASFC and therefore holding a login for the Foodweb portal can log in and then add or discontinue activities. 
• Operators not yet known can send a completed application form by e-mail or post to the local FASFC control unit.

Overview of recent changes regarding registrations, authorisations and approvals in the animal feed sector

Medicated feed and/or intermediate products

Following the European regulation 2019/4 on the manufacture, placing on the market and use of medicated feed, the royal decree of 21/12/2006 on medicated feed was withdrawn early in 2023 and a number of new activity fact sheets requiring approval were drawn up by the FASFC, published on 09/06/2023. Manufacturers of medicated feed already held an approval from the FASFC, but there are now also separate approvals for wholesalers, retailers, transporters and storage companies of medicated feed and/or intermediate products. A business that produces, stores, trades or transports medicated feed and/or intermediate products must therefore check the activity fact sheets to find out whether it requires an approval for this.

Manufacturers of feed for pigs and poultry using processed animal protein

On 07/09/2021, an amendment was made to the feed ban rules set out in annex IV of Regulation EC 999/2001, making it possible to use processed animal protein from pigs in feed for poultry and processed animal protein from poultry in feed for pigs. On 02/10/23, activity fact sheets were published for this by the FASFC. Depending on the situation, an authorisation or approval is required:

• Manufacturers of feed for pigs using processed animal protein from poultry: authorisation (ACT 467) if no feed other than for pigs and aquaculture animals is produced in the same establishment, otherwise an approval (ACT466) must be applied for. For this approval, it is important to note that if feed other than for pigs and aquaculture animals is produced in the same establishment (in which poultry PAP is therefore not permitted), this must take place on a separate production line. 
• Manufacturers of feed for poultry using processed animal protein from pigs: authorisation (ACT 465) if no feed other than for poultry and aquaculture animals is produced in the same establishment, otherwise an approval (ACT 464) must be applied for. For this approval, it is important to note that if feed other than for poultry and aquaculture animals is produced in the same establishment (in which pig PAP is therefore not permitted), this must take place on a separate production line.

The fact sheets above list various other examples of additional activities that may be required depending on the situation. If your business uses processed animal protein, it is therefore important to read the activity fact sheets carefully and comply with the conditions. 

Changes to existing fact sheets

A number of activity fact sheets for which an approval/registration is required under Regulation EC 183/2005 were updated on 01/09/2023. These mainly concern:

• minor changes
• clarifications regarding which FASFC checklists apply
• an adjustment of the consequential activities in certain fact sheets as a result of the changes set out in sections 1.1 and 1.2 of this article 
• an update of the information to be submitted when applying for the activity. 

No major consequences are immediately expected for operators. However, the activity fact sheet should always be checked carefully when new activities are to be carried out or changes made to existing activities. These activities are: 

• ACT 268 approval wholesaler of premixtures 
• ACT 267 authorisation wholesaler of additives 
• ACT 266 approval wholesaler of additives 
• ACT 260 authorisation manufacturer of premixtures 
• ACT 259 approval manufacturer of premixtures 
• ACT 257 authorisation manufacturer of compound feed 
• ACT 256 registration manufacturer of compound feed 
• ACT 255 approval manufacturer of compound feed 
• ACT 250 authorisation manufacturer of additives 
• ACT 134 approval manufacturer of additives 

In addition to the fact sheets above, activities 426 (approval) and 427 (authorisation) for manufacturers of feed for non-ruminants using processed animal protein from insects have also reached a second version. These were amended following the new activity fact sheets referred to in section 1.2 of this article on 25/09/2023 in the context of the feed ban (EC 999/2001).

In activity fact sheet 258, approval for petfood manufacturers, also amended on 25/09/2023, the definition of companion animals has been clarified. It has been clarified that ornamental poultry and racing pigeons cannot be regarded as companion animals, that feed for angling such as bait must be regarded as feed for farm animals, and that the ring-necked pheasant, Japanese quail and common quail must be regarded as food-producing animals. A few additional examples of animal by-products and derivatives of animal by-products have also been added. 

It has also been added that the activity also applies to operators who wish to sell unprocessed animal by-products, labelled by them as intended for companion animals, to the end user. It does not matter in this respect whether they have applied any processing themselves, such as portioning, and whether or not the product is packaged. In any case, a label indicating that it is feed for companion animals will have to be affixed. 

Examples include slaughterhouses that sell pieces of meat or organs intended for companion animals to individuals, or pet shops that purchase animal by-products from a slaughterhouse or cutting plant, possibly already vacuum-packed, and wish to sell these as feed for companion animals under the name petfood. For a butcher who sells leftovers from former foodstuffs as raw petfood directly to the end user on the premises of the butcher's shop, this activity does not apply, however, provided that these former foodstuffs have undergone no more than cutting. However, when feed for companion animals (e.g. sausages) is produced intentionally, the butcher must hold this activity. Operators who purchase petfood from a petfood manufacturer in bulk and provide it themselves with new packaging and a new label must also hold this activity. As regards raw petfood, a repackager must also be regarded as a feed manufacturer.

Finally, activity fact sheet 100 for dairy establishments, manufacturers of foodstuffs with raw milk and establishments where milk is processed on the farm that supply their by-products of milk, dairy products and milk derivatives as feed material directly to livestock farmers for feeding to farm animals without any further prior processing cf. Regulation 1069/2009 was also amended on 11/10/2023.

How can AMNorman support you?

Do you still have questions after reading this blog about the recent changes to approvals, authorisations and registrations in the animal feed sector? Let's meet. Our AMNorman experts are ready to help you.