6 Catherine Street
Covent Garden
London WC2B 5JJ
Tel: 020 7379 9009
Email: info@pfma.org.uk
website: www.pfma.org.uk
Latest update 24 January 2010
CONFIDENTIAL: This Document Is To Be Circulated To PFMA Member Companies Only And Their Staff
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.
Updated
Regulation 767/2009 lays down the rules on the placing on the market and use of feed for 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 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 the Internet, including for advertising purposes ” (Art 3 (s)).
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

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)]
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.
rd
NEW
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.
1
According to Reg 178/2002 ‘placing on the market’ means the holding of food or feed for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution, and other forms of transfer themselves.
We understand that this means that the products are physically within the EU, ready and destined for distribution or direct sale in the Community market.
2
The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

We do currently not collect this kind of information.
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
Fibre
Oils and Fats
Ash
Crude Protein
Crude fibres
Crude oils and fats
Crude ash
Protein
Fat content
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
Vitamins with a legal maximum established for any species (e.g. Vitamin D
2
, Vitamin D
3
,
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.
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).
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.


the name under which the substances has been authorised, and/or by the identification number , and

the actual amount added
Information specific labelling conditions will 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 A 2) 8 mg, Vitamin D
2
2) 0.04 mg; Trace elements 1) : Zinc sulphate heptahydrate 100 mg, Copper sulphate monohydrate 50mg
Example 2 : Additives per kg: Nutritional Additives: Vitamin A 2) 8 mg, Vitamin D
2
2) 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 welldefined substances having similar effect” and “compounds of trace elem ents”. 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
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:
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

meat and animal derivatives (min 4% beef), or single ingredients list: beef (min 4 %)).
The term “min” should not precede the percentage declaration.
NEW
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.
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.
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.
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:
2 The Commission has declared that E number should be replaced by a new reference number in accordance to the EU
Feed Register.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

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; Vitamins 4) : Vitamin
A (E 672) xx mg, Vitamin D3 (E671) xy mg; trace elements 4) : 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; Vitamins 4) : 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
3 Use of E-number: We will continue to use E-number is our examples, member should be are that these are expected to be replaced by a new identification system.
4 Used instead of the terminology listed in the Regulation According to Reg 1831/2003 it should read “Vitamins, Provitamins and chemically well-defined substances having similar effect” and “compounds of trace elements”. In discussion with LACORS 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.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

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.
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).
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

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”.
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 labe l the term “minerals” even if feed materials are labelled by specific names.
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
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

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 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.
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 939/2010 replaces 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
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 3 rd country factories) to indicate the factory identification number.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

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))?
– the label should declare either the producer’s name/business name and address, or,
– a number (either the producer’s approval number or the registration number issued under either Directive 95/69 or Regulation 183/2005, or the number given to a third country establishment via the third country establishment representative system (Article 24 of Regulation 183/2005). c) How to obtain an establishment approval or registration number?
In Great Britain, the FSA advises that an identifying number be requested from the local authority which registered the feed business operator; local authorities may find it convenient to use the same format for identifying numbers as for registration numbers.
(Although Regulation 183/2005 requires businesses to register or obtain approval, it does not require them to be assigned an establishment registration number or that number to appear on the label. However, the Agency advised local authorities at the time the Regulation came into force that it would be good practice to continue to issue registration numbers as an aid to the identification of establishments.) d) Labelling of establishment numbers on pet food from third countries (i.e. non-EU countries)?
The requirements laid down in Regulation 767/2009 (Art 15(c) and 17.1(c)) also apply to feeds from third countries.
Previous legislation (Directive 98/51) required third country establishments exporting feed containing certain additives to the EU to have a representative in the EU and
Member States to place these representatives on a register.
Although this legislation has been revoked, the third country representative requirement has been retained by Article 24 of Regulation 183/2005.
In the UK, the Food Standards Agency is responsible for receiving applications for, and maintaining the register of, representatives of third country establishments.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

Under this system, a third country establishment may have been provided with an identifying number, which can be used for the purposes of Article 17.1(c). However, in a number of cases a third country establishment may not have an identifying number (for example, because it does not come within the scope of Article 24 of
Regulation 183/2005). In these cases, the feed business operator which imports the feed may request a number, which would be issued by the Food Standards Agency.
(from European Parliament and Council Regulation 767/2009 of 13 July on the placing on the market and the use of feed; Guidance for stakeholders, Animal Feed
Branch, Food Standards Agency, December 2010)
The FSA has also published recommendations on the following questions:
– What are the requirements for the labelling of establishment numbers?
– What are the requirements for the labelling of establishment numbers on feeds from third countries (i.e. non-EU countries)?
UPDATE
The Regulation on the Marketing and Use of Feed (Regulation 767/2009) includes the provision for the establishment of a catalogue of feed materials (Art 24). The catalogue is a non-exclusive list of names and descriptions of the most commonly traded feed materials.
The first catalogue of feed materials has been published ( Regulation 242/2010 ) (which is a
“copy-paste” of entries in directives 96/25 and 82/471 (= Feeding Stuffs Regulation 2005,
Schedule2, part I & II)) (and updated version will be published soon).
The content of the Catalogue is the responsibility of the feed industry (see “Register” below) but has to be agreed by the Commission and Member States representatives.
This provision was aimed to support livestock farmers who normally do not analyse the feed materials (so that they can be sure about the kind of feed materials they are feeding).
We (Fediaf and PFMA) have argued that the catalogue was not useful with regard to feed materials used by the pet food industry.
Please be aware that
– The use of the catalogue is voluntary
– The fact that a particular feed material may not be listed in the catalogue is not a bar to the materials use in feed
– It is our understanding that if a feed material term listed in the catalogue is used for labelling, the feed material’s specification must follow those in the catalogue
– It is open to the manufacturer to use another name for a feed material if they wish.
– If a feed material not listed in the catalogue is used, the company supplying the nonlisted feed material must notify the substance to the feed material online register (see below for additional information
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

Register of feed materials compiled by the industry:
The Register is intended to serve as a mean of notifying the introduction to the market of new feed materials, perhaps in advance of an entry for them in the Catalogues.
– Over the last few months members of various European federations involved in animal feed (Fediaf, and over 20 other associations such as Fefana, Fefac, Copa-Cogeca,
Fediol, Efpra, CIAA, etc) have been working together to complied an up to date list of feed materials.
– The Register of Feed materials is now online: www.feedmaterialsregister.eu
– The content of the register will be monitored. Entries (illegal or mischievous; criteria to be defined ) would be deleted.
– The entry in the Register does not make a substance “legal”, only authorities or the courts can decide on the legality; register entries just confirm that the procedure was respected.
How to register a feed material?
Thanks to preparation work by Fediaf the register should include generic terms for all feed materials of animal origin and non animal origin used in pet food products .
Therefore PFMA would recommend that additional feed material shall not be notified to the EU register of feed materials until further notice.
We are concerned that notification of feed materials of animal origin/non animal origin could be counterproductive and should be avoided by all means (FYI, all animal based raw material are covered under the term “animal by-products”).
If you are concerned regarding a feed material not on the list please email Monika
( monika@pfma.org.uk
) and we will forward the information to Fediaf. There will be a working group on Fediaf level that will be discussing the next steps.
Currently the production and labelling of organic pet food is not regulated within Regulations
834/2007 and 889/2008 , and pending the inclusion of detailed processing rules in EU legislation, PFMA would recommend that the following rules shall apply (By analogy with:
Regulation 834/2007
Regulation 889/2008):
To claim a pet food is “organic” or is “made with organic ...”, the pet food or the relevant ingredient must contain at least to 95% of its dry matter produced from the following feed materials/additives :

Feed materials originating from certified organic production, including category 3 material pursuant to Regulation 1774/2002;
The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.
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
Non-organic feed materials of plant and animal origin listed in annexes V and IX of
Regulation 889/2008;

Feed additives, substances and processing aids listed in annexes VI and VIII of
Regulation 889/2008, all nature identical synthetic vitamins and, if indispensable for the pet food, amino acids, phosphates, natural colours and thickeners;
2. The term “organic” may be used with the sales name if all feed materials/additives used satisfy the criteria under point 1 above.
3. The terms “made with organic ...” may be used in the sales name provided that the list of components identifies the organic ingredient(s) complying with the criteria above under point 1; - the inclusion level must be expressed in (minimum) percentage.
4. The use of the term “organic” must be validated by an accredited control body and its code number must be labelled; the accrediting body’s logo may be labelled, whereas the
EU logo may not be used for organically produced pet food.
Examples: + Bloggo Organic
+ Bloggo, made with organic cereals (list of ingredients must state percentage of cereals)
+ ”made with organic wheat” (i.e. 100% of the incorporated wheat must be organic)
The rules for using the term “organic” apply to any term suggesting that the pet food is produced from or with organic ingredients (e.g. “bio”, “biological”, “eco” etc).
“Particular attention” would mean any statement that highlights a characteristic of a product e.g. with beef, with added Vitamin C, etc.
Statements made under “ Composition” - e.g. Composition: .....green lipped mussel extract
(a source of glucosamine).... - would not be considered a drawing particular attention to
Glucosamine. Dependent upon any claims/pictorials relating to the Green Lipped Mussel extract, it might be necessary to declare the amount added.
Pictures of raw materials (e.g. rice, carrots, etc) would be considered as particular attention.
NEW
Reference made under analytical constituents (e.g. Protein, fat content, crude ash, Vitamin
A, Taurine) would not be considered a drawing particular attention to Taurine.
If the amount of total taurine is declared under analytical constituents, the amount of added
Taurine could be labelled voluntarily under ‘Additives’.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

Any information provided (including pictorial representation) has to be truthful, not confusing or misleading consumers. Companies can be asked to substantiate any claims (including pictorials) made on the product.
The pictorial representation of a piece of muscle meat could be considered misleading if only other animal tissue (non muscle meat) is being used.
NEW
The (draft) Fediaf Community Code of Good labelling Practice for Pet food states that the term fresh may be used to describe pet food components that have not been subjected to any treatment except maintaining the cold chain.
Treatments such as cooking, drying, freezing, hydrolysis, or similar processes, or the addition of salt, curing agents, natural or synthetic chemical preservatives or other processing aids exclude the com ponent s from being called “fresh”. (Please see 5.2.2.2 Use of the term “fresh”, “authentic”, “real”, “true”, “genuine”, etc.)
Example: + Bloggo made with/produced from fresh chicken
There is no definition of the term “hypoallergenic” as such. Companies need to carry out an internal risk assessment if the use of the term is justified. (need to substantiate if challenged by Authorities)
Please be aware that under the PARNUTS (feeding stuffs intended for particular nutritional purpose) list the following entry can be found:
“ reduction of feed material and nutrient intolerances ” which lays down which essential nutritional characteristics the pet food (cats and dogs) has to have - in this case: selected protein source(s) and/or selected carbohydrate source(s). If a manufacturer is following the
PARNUTS rules, the following also need to be declared:

protein source(s)

content of essential fatty acids (if added)

carbohydrate source(s)

content of essential fatty acids (if added).
Furthermore, it would need to carry the following information: Recommended length of time for use: 3 to 8 weeks; if signs of intolerance disappear this feed can be used indefinitely.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

There is no definition laid down in the Regulation. Any claim on the label needs to be substantiated. If challenged companies need to prove the claims is correct. For example, rice for easy digestion, could be justified, if white rice is used.
The claims hierarchy included in the FEDIAF Code for Good Communication on Pet Food, reflects the longstanding labelling practice in member states. Often the rules have been developed following discussion with enforcement authorities and scientific research.
If the Commission adopts the FEDIAF Code it would became a Europe-wide guidance for claims substantiation.
The FEDIAF Code includes a checklist and tables that can help members to collect information to substantiate their claims (see Annex 6). Members should consider that
“cherry-picking” research to include only that which supports their claim is inadvisable. The inclusion of all available research, whether supporting the claim or not, is recommended, along with a discussion/rationale as to why the balance of evidence overall supports and substantiates the claim made.
It is unlikely that consumer testimonials alone would be sufficient so substantiate a claim.
There are two situations to consider:

The use of consumer studies to support a claim – for example, in-home feeding trials to help support a “new, tastier recipe” claim. This would be supported by evidence that the recipe had changed in some significant way to support the new recipe element.

The use of consumer testimonials either on pack or on a website – for example, “my dog’s coat looked shinier and felt softer” - again, this might need to be supported by evidence of inclusions that would contribute to skin and coat claims. Members should note there are legal requirements to consider in the use of testimonials.
Only additives that are authorised for the use in animal feed (all species or particular for pet animals, see authorisation for details) can be used in pet food. The Community Register of feed additives is a useful tool to identify authorised additives: http://ec.europa.eu/food/food/animalnutrition/feedadditives/registeradditives_en.htm
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

Please be aware that all feed additives have to undergo a re-authorisation processed.
Dossiers for feed additives had to be submitted by Nov 2010. Additives for which no dossiers are submitted will not be permitted for use after the deadline (until a new authorisation dossier has been submitted).
Information on additives for which dossiers have been submitted can be found on the PFMA
Extranet.
Regulation 767/2009 defines complete and complementary feed.

Complete feed is defined as ” compound feed which, by reason of its composition, is sufficient for a daily ration.”
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Complementary feed is defined as “compound feed which has a high content of certain substances but which, by reason of its composition, is sufficient for a daily ration only if used in combination with other feed.”
Dogchews, treats, small size feeding stuffs containing vitamins and minerals, would all be considered as complementary feed and would have to be labelled accordingly.
Pet treat would be considered as complementary feed, and would have to labelled accordingly.
NEW
There are various steps members can take, if they would like to find out the classification of a substance:
– Check the catalogue of feed materials ( Regulation 242/2010 )
– Check the feed material register (bearing in mind that the Commission might not agree with the industry position on certain substances)
– Check the EU Additives Register (to be updated listing only additives for which dossiers for re-assessment have been submitted)
– Check the list of substances that are not considered feed additives ( Regulation
892/2010 )
– Check the VMD website ( List of medical and borderline ingredients –please be aware that this is only applicable to the UK. Other countries might have a different interpretation regarding the classification of substances )
– The Commission has also published a Recommendation (2011/25/EU ) establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

Pig’s ears would be (in general) considered as complementary feed, and would have to labelled accordingly.
Please be aware that the FSA/LACORS have their own definition with regard to dogchews which 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)]
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The Animal Feed (England) Regulations 2010 (equivalent Regulations in the devolved regions) lays down the enforcement of the requirements of Regulation 767/2009.
In practice local authorities (Trading Standards officers) will be responsible with regard to the enforcement of the labelling Regulations. They should have been made aware of the new regulation via LG Regulations. In the case of questions they would be able to contact LG
Regulations who can contact the FSA for clarification.
To ensure that regulations are enforced in the same way across 27 Member states, the Food and Veterinary Office (FVO) checks the level of enforcement of EU Regulations. The FVO can send missions to Member States and ask for improvement of enforcement if they notice that the regulations are not properly enforced.
The old Packaged Goods Regulations 1996 included a derogation for dog chews that stated that if there were less than 16 pieces in a pack the number of pieces could also be declared.
The new Packaged Goods Regulation 2007 does not include these provisions. PFMA has been in contact with LACORS to get clarification on this issue.
Retailers should contact their trade association (e.g. British Retail Consortium) for further information. PFMA has been in contact with the BRC and continues to update the BRC
Secretariat.
The Fediaf Code for Good Communication on Pet Food includes useful information on the interpretation and application of the new labelling Regulation. Furthermore, members will also find a glossary of the most common terms.
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

The Regulation 767/2009 also covers the labelling of complementary feed and feed materials. Complementary feed is considered compound and has to be labelled in the same way as complete feed. The labelling of feed materials is reduced, for example, there would be no need to label analytical constituents.
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The definition for premixtures is laid down in the Regulation on Additives for the use in
Animal Nutritiion (Reg 1831/2003). It states that ‘premixtures’ means mixture of feed additives or mixtures of one or more feed additives with feed materials or water used as carriers, not intended for direct feeding to animals.
Whereas, ‘Complementary feed’ means compound feed 5 which has a high content of certain substances but which, by reason of its composition, is sufficient for a daily ration only if used in combination with other feed. Furthermore, ‘mineral feed’ would be a complementary feed containing at least 40% crude ash. (Regulation 767/2009 on the Marketing and Use of Feed)
Therefore, if a mixture of additives is intended
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for direct feeding to the pet it would be a complementary feed, if it contains more than
40% crude ash it would be a complementary mineral feed.
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for a manufacturer to use in a different product it would be a premixture.
UPDATE
Glucosamine and chondroitin sulphate are the best known "grey substances" in pet food.
This means that they are considered widely as feed materials.
Their status is now clarified in the Regulation on substance that would not be considered feed additives ( Regulation 892/2010 ).
Reg 892/2010 does not specifically state that they are feed materials. However, the updated catalogue of feed materials does list glucosamine and chondroitin as feed materials.
During the discussion in the Standing Committee ( Animal Nutrition; 18/19 November 2010 ) one representative argued that supervision measures should be in place for a substances that have a pharmacological effect and are dose dependent, e.g. glucosamine.
In the discussion the Commission services declared that they would “envisage appropriate measures in order to restrict the use of certain feed materials listed in the catalogue. In this context, the adequate legal base will be assessed."
Therefore, members should be aware that additional discussion regarding possible restrictions could take place in the future.
5 ‘Compound feed’ means a mixture of at least two feed materials, whether or not containing feed additives, for oral animal feeding in the form of complete or complementary feed (Regulation 767/2009 on the
Marketing and Use of Feed).
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The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.

UPDATE
Under the new Regulation on the marketing and use of feed, there is a provision for guidelines to distinguish between feed material, feed additive, and veterinary medicine (Art
7).
Furthermore, the Commission has published Regulation 892/2010 that states which substance would not be considered feed additives.
Because of the legal reference (new Regulation in accordance with Reg 1831/2003 on feed additives), the substances which are not additives are not necessarily feed materials (and could become veterinary medicines or other).
Please be aware that mannitol, sorbitol and the prebiotics are now not listed on the document that has been adopted. They were removed from the list but the Standing
Committee report (16 June) includes a note to the extent that most Member States regarded
Sorbitol
Mannitol
Fructo-Oligosaccharide
Mannan-Oligosaccharide
Galacto-Oligosaccharide
Xylo-Oligosaccharide
Inulin as feed materials. They should be in the catalogue of feed materials.
Dog are not only kept as pets but can also be working animals e.g. active sheepdogs, hunting dogs, racing dogs, etc. These dogs have different nutritional needs than the average dog. To complicate matters even more, in the UK feed for working dogs is zero rated with regard to VAT. There is no definition for working dog in the legislation, differentiation could only be done via the nutritional profile and the way it is held out for sale.
For your information please find below a section of the HM Revenue& Customs guidance on animals and animal feed (based on HMRC Reference: Notice 701/15 (March 2002))
6.4 Food for working dogs
A product which is claimed as being suitable for all breeds, size and age of dog is standard-rated.
The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.
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If a specially formulated food is held out for sale exclusively for working dogs it will come within the scope of the VAT relief – unless it is biscuit or meal.
Therefore:
Dog food is standard-rated if it is, for example, for...
sheepdog breeds – Old English, German shepherd, Collie etc
Dog food (other than biscuit or meal) is zerorated if it is exclusively for… working sheep dogs of any breed dogs trained and used as gun dogs Labradors, Pointers, Retrievers, etc
Greyhounds racing greyhounds http://customs.hmrc.gov.uk/channelsPortalWebApp/channelsPortalWebApp.portal?_nfpb=tru e&_pageLabel=pageLibrary_ShowContent&id=HMCE_CL_000124&propertyType=documen t#P166_8438
FEDIAF will consider this question for the next revision of the FEDIAF Code.
The Pet Food Manufacturers' Association Ltd seeks to ensure that the information and guidance it provides is correct and accepts no liability in respect thereof. Such information and guidance are not substitutes for specific legal or other professional advice.
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