ANIMAL FOOD AND FEEDING STUFFS

[CAP. 183.

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CHAPTER 183 ANIMAL FOOD AND FEEDING STUFFS ACT
To make provision with respect to the manufacture and sale of animal feeding stuffs and other matters incidental thereto.

(

)*

Enacted by ACT IV of 1965, as amended by Acts XIII of 1985 and VIII of 1990.

1. This Act may be cited as the Animal Food and Feeding Stuffs Act, and shall come into force on such date as the Minister responsible for agriculture may appoint by notice in the Government Gazette.* 2. In this Act and in any regulations made thereunder, unless the context otherwise requires "animal food", "animal foodstuffs" and "animal feeding stuff" includes any compound feeding stuff, any balanced compound feeding stuff and any articles intended for use as food for stock; "balanced compound feeding stuff" means a compound feeding stuff specified in the First Column of Part II of the First Schedule to this Act; "cattle" means bulls, cows, oxen, heifers, calves, sheep, goats and swine; "compound feeding stuff" means an animal feeding stuff consisting in a mixture of ground, pulverised or kibbled materials, other than a balanced compound feeding stuff; "Director of Agriculture" includes any officer of the Department of Agriculture to whom the Director of Agriculture may from time to time assign in writing any powers or duties under this Act; "Director of Trade" includes any officer of the Department of Trade to whom the Director of Trade may from time to time assign in writing any powers or duties under this Act; "inspector" means a person appointed by the Prime Minister under section 10 of this Act; "Malta" has the same meaning as is assigned to it by section 124 of the Constitution of Malta; "manufacture" includes mix or prepare; "official analyst" means any person designated by the Prime Minister, by notice published in the Government Gazette, to act as analyst for the purpose of this Act; "poultry" means fowls, turkeys, geese, ducks and guinea fowls; "prescribed" means prescribed by regulations made under this

Short title and commencement.

Interpretation.

*Not yet in force.

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CAP. 183.] Act;

ANIMAL FOOD AND FEEDING STUFFS

"protein" means the amount of nitrogen excluding ammoniacal nitrogen or nitric nitrogen, if present, multiplied by 6.25; "sale" includes any disposal under whatever title, whether onerous or gratuitous, any transfer of goods from one’s possession and any offering or exposing for sale or having in possession for sale, and "sell" shall be construed accordingly; "stock" means cattle, poultry, horses, asses, mules and rabbits.
Licence by the Director of Trade.

3. (1) No person shall manufacture or sell animal feeding stuffs without a licence issued by the Director of Trade. (2) The issue of a licence under subsection (1) of this section shall not exempt the holder thereof from obtaining any other licence or permit required by any other law.

Where licence is not required.

4. A licence under this Act shall not be required for any of the following objects: (a) the sale by growers of their own produce as food for animals so long as such produce is not manufactured in any way before sale; (b) the manufacture of animal feeding stuffs for the purposes of consumption by stock owned by the person manufacturing such feeding stuff.

Provisions governing the sale of animal feeding stuffs.

5. (1) No person shall sell any animal feeding stuff other than in packaged form. (2) No person shall sell any parcel of animal feeding stuff included in the First Column of Part I of the First Schedule to this Act unless such parcel is marked in the prescribed manner with a mark or marks stating (a) the name under which such feeding stuff is sold; and (b) such particulars (if any) of composition as are mentioned in relation thereto in the Second Column of the said Schedule; and (c) where the animal feeding stuff contains any ingredient included in the Second Schedule to this Act, the name of such ingredient; and (d) in the case of a mixture containing two or more ingredients unground, the nature and proportions of the ingredients. (3) No person shall sell any animal feeding stuff mentioned in subsection (2) of this section which, except for such limits of variation as may be prescribed does not conform in its composition to the particulars stated in accordance with the said subsection (2). (4) No person shall sell any parcel of a balanced compound feeding stuff unless it is marked in the prescribed manner with a mark or marks stating (a) the type-name of such balanced compound feeding stuff; and

ANIMAL FOOD AND FEEDING STUFFS

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(b) the percentages of protein, of oil and of fibre in such balanced compound feeding stuff. 6. The provision of subsection (1) of section 5 of this Act shall not apply to the sale of quantities of twenty-five and one-half kilograms or less if an animal feeding stuff is taken in the presence of the purchaser from a parcel containing a greater quantity than twenty-five and one-half kilograms, but in any such case all the other provisions of the said section 5 shall apply in regard to such parcel and to the sales made therefrom. 7. (1) No person shall sell any balanced compound feeding stuff under any type-name other than one specified in the First Column of Part II of the First Schedule to this Act. (2) No person shall sell any balanced compound feeding stuff which is not, in relation to the type-name used, within the limits of analysis specified for such type-name in the Second Column of Part I of the First Schedule to this Act. 8. Where an animal feeding stuff or any material used in the manufacture of any compound feeding stuff or of any balanced compound feeding stuff is sold under a name specified in the First Column of the Third Schedule to this Act, there shall be implied, notwithstanding any agreement or notice to the contrary, a warrant by the seller that such feeding stuff or material accords with the definition thereof contained in the Second Column of that Schedule and it shall not be lawful for any person to sell any such feeding stuff or material in breach of that warranty. 9. (1) No person shall manufacture or sell any animal feeding stuff which contains any ingredient deleterious to stock. (2) Any substance mentioned in the Fourth Schedule to this Act, if present in a feeding stuff, or where a maximum quantity with regard to a substance is indicated in the said Schedule, if present in excess of that quantity, shall be deemed to be a deleterious ingredient unless the contrary is proved. 10. The Prime Minister may from time to time appoint one or more inspectors whose duty it shall be to see that the provisions of this Act are complied with, and, without prejudice to the generality of the foregoing, such inspectors may (a) at all reasonable times enter any place where any animal feeding stuff is manufactured or sold; (b) inspect any animal feeding stuff and any books or documents found in any such place; (c) take samples of any animal feeding stuff from any such place; and (d) seize any animal feeding stuff which, on the basis of the certificate referred to in subsection (2) of section 13 of this Act, they will consider to be in contravention of the provisions of section 9 of this Act:
Sale of animal feeding stuff in small quantities.

Type-names and limits of analysis of balanced compound feeding stuff.

Implied warranty.

Sale of animal feeding stuff containing deleterious ingredients.

Appointment, duties and powers of inspectors.

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CAP. 183.]

ANIMAL FOOD AND FEEDING STUFFS

Cap. 9.

Provided that any animal feeding stuff so seized shall be restored to the person from whom it was seized, if no criminal proceedings under the provisions of this Act have been taken in respect of such animal feeding stuff within the period prescribed in subsection (2) of section 17 of this Act or if the said animal feeding stuff, saving always the application of subsection (3) of section 23 of the Criminal Code, has not been forfeited as a result of such proceedings. 11. (1) Samples shall be taken in the prescribed manner. (2) An inspector who has taken a sample shall divide it into three approximately equal and truly representative portions and shall pack and seal each such portion in the prescribed manner. He shall then send or deliver two of the portions to the official analyst together with a signed statement that the sample was taken in the prescribed manner and he shall deliver the third portion to the person who would be liable to prosecution in the event of an offence being disclosed by the result of analysis of the sample, or to the representative of such person. (3) The inspector shall not disclose to any person, other than the Director of Agriculture, the name of the manufacturer or seller of such feeding stuff.

Taking of samples.

Obstructing inspectors.

12. No person shall obstruct or hinder an inspector in the discharge of his duties pursuant to this Act or to any regulations made thereunder. 13. (1) The analysis of the sample shall be carried out in the prescribed manner. (2) The official analyst shall analyse one of the portions sent or delivered to him and shall issue a certificate of analysis to the inspector who took the sample. (3) The official analyst shall retain the other portion of the sample, packed and sealed as sent or delivered to him by the inspector in accordance with the provisions of subsection (2) of section 11 of this Act, for a period of three months unless within that period criminal proceedings have been instituted in regard to an animal feeding stuff from which the sample was taken, in which case the official analyst shall retain such other portion until the said proceedings will have been definitely concluded.

Method of analysis and relative procedure.

Right of purchaser to request taking of sample.

14. A purchaser of any animal feeding stuff may within fourteen days from the date of delivery to him of such feeding stuff, on payment of such fee as may from time to time be prescribed, request an inspector to take a sample from such feeding stuff in the prescribed manner. 15. Where a sample has been taken and analysed in the prescribed manner such analysis shall be deemed to be an analysis of the whole quantity of animal feeding stuff from which the sample was taken and the certificate of analysis mentioned in subsection (2) of section 13 of this Act, subject to its being confirmed on oath by the official analyst, shall be accepted as evidence in any criminal proceedings instituted under this Act.

Certificate may be produced as evidence.

ANIMAL FOOD AND FEEDING STUFFS

[CAP. 183.
Penalties. Amended by: XIII. 1983.5; VIII. 1990.3.

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16. (1) Any person who contravenes any of the provisions of this Act or of any regulations made thereunder shall be guilty of an offence and shall be liable (a) on a first conviction by the Court of Magistrates of an offence against any of the provisions of section 5, 7, 8 or 9 of this Act, to a fine (multa) of not less than ten liri and not exceeding fifty liri and, on a second or subsequent conviction by the said court of any such offence, to a fine (multa) of not less than fifty liri and not exceeding one hundred liri; (b) on a first conviction by the Court of Magistrates of an offence against any of the other provisions of this Act or of any regulations made thereunder, unless in any such regulations a lesser penalty is established, to a fine (multa) of not less than five liri and not exceeding twenty liri and, on a second or subsequent conviction of any such offence, to a fine (multa) of not less than twenty liri and not exceeding fifty liri. (2) Where any person is convicted of an offence under this Act or under any regulations made thereunder, the Director of Trade may in his discretion and in relation to such person withhold the granting of, suspend, or cancel any licence required under section 3 of this Act for such time as he may deem proper. 17. (1) Where criminal proceedings against the seller, not being also the manufacturer, of an animal feeding stuff are instituted under this Act for an offence against any of the provisions of subsection (3) of section 5, of subsection (2) of section 7, of section 8, or of subsection (1) of section 9, such seller shall not be liable to conviction (a) if he proves that, having exercised the due diligence and having taken all reasonable precautions to make sure that there was no infringement of any of the said provisions, he was led into the mistaken belief that there was not any such infringement; and (b) if, on being so requested by an inspector, he has furnished all the information available to him in regard to the person from whom he purchased, acquired or otherwise obtained the animal feeding stuff connected with the offence and in regard to the condition and description of such feeding stuff at the time when it came into his possession. (2) Criminal proceedings under this Act shall not be instituted after the expiration of three months from the date on which a sample has been taken in accordance with subsection (1) of section 11 of this Act. 18. The Minister responsible for agriculture may from time to time make regulations (a) for varying any of the Schedules to this Act; (b) for prescribing anything which under this Act is

Good faith of seller.

Power to make regulations.

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CAP. 183.]

ANIMAL FOOD AND FEEDING STUFFS required or authorised to be prescribed; and (c) generally for any other purpose connected with the operation of the provisions of this Act.

Official secrecy.

19. (1) Every person having an official duty or being employed in the administration of this Act or of any regulations made thereunder shall regard and deal with any details or any information resulting from the analysis of any animal feeding stuff carried out in pursuance of this Act or of any regulations made thereunder as secret and confidential, except in so far as may be necessary for the purpose of carrying into effect the provisions of this Act or of any such regulations or for the purpose, or in the course, of a prosecution for any offence committed in relation thereto. (2) Any person who contravenes the provision of subsection (1) of this section shall be guilty of an offence to which the provisions of paragraph (a) of subsection (1) of section 16 of this Act shall apply, but any such person shall be also liable, at the discretion of the court, to be sentenced to imprisonment for a period not exceeding six months.

ANIMAL FOOD AND FEEDING STUFFS SCHEDULES FIRST SCHEDULE
[SECTION 2, 5(2), 7(1)] PART I Animal feeding stuff Alfalfa (lucerne) meal Bean meal Barley meal Clover meal Coconut or copra cake or meal Compound cakes or meals, that is to say, any cakes or meals (other than molasses feeds and dried molassed beet pulp) consisting of a mixture of one or more of the articles mentioned in this Part of this Schedule with any other such article or with any other substance or substances Cotton cakes or meals, not decorticated Cotton cakes or meals from decorticated or partly decorticated cotton seed Dari or durra meal Dried brewery and distillery grains Dried grass Dried grass (Maintenance quantity) } Dried green fodder crops Dried plain beet pulp Dried molassed beet pulp Dried yeast Feeding dried blood Feeding bone flour Feeding bone meal; ground bone, or any other bone product for feeding purposes Feeding meat and bone meal, or any other product of meat (including whale meat) and bone for feeding purposes Feeding meat meal, or any other product of meat (including whale meat) for feeding purposes Fish meal, white fish meal, or other or product obtained by drying and grinding otherwise treating fish or fish waste Ground oats

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Particulars to be stated Amounts of protein and fibre respectively None None Amounts of protein and fibre respectively Amounts of oil and protein respectively Amounts, if any, of oil, protein and fibre respectively

Amounts of oil and protein respectively Amounts of oil, protein and fibre respectively None Amounts of oil and protein respectively As defined in the Third Schedule Amount of protein. Amount of fibre Amounts of sugar and fibre respectively Amount of protein Amount of protein Amounts of phosphoric acid and protein respectively Amounts of phosphoric acid and protein respectively Amounts of oil, protein and phosphoric acid respectively

Amounts of oil, protein and phosphoric acid respectively Amounts of oil, protein, phosphoric acid and salt respectively

None

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CAP. 183.]

ANIMAL FOOD AND FEEDING STUFFS
Particulars to be stated Amounts of oil and protein respectively Amount of oil None Amounts of oil, protein and fibre respectively Amounts of oil, protein and fibre respectively Amounts of oil, protein and fibre respectively Amounts of oil, protein and fibre respectively None Amounts of protein and fibre respectively Amounts of sugar and fibre respectively

Animal feeding stuff Linseed cakes and the meals of such cakes; extracted linseed meal Linseed meal Locust bean meal Maize by-products not otherwise specifically mentioned in this Schedule Maize, flaked Maize germ cake or meal Maize gluten feed Maize meal Malt culms Molasses feeds (other than dried molassed beet pulp) including any feeding stuffs, composed of treacle or molasses with an absorbent, containing not less than 10 per cent of sugar Oatmeal by-products Oil cakes or meals not otherwise specifically mentioned in this Schedule which are the product of any one undecorticated substance or seed from which oil has been removed Oil cakes or meals not otherwise specifically mentioned in this Schedule which are the product of any one decorticated or partly decorticated substance or seed from which oil has been removed Palm kernel cake or meal Pea meal or chick-pea meal Rape cake or meal Rice bran or rice meal, or the byproducts produced in milling shelled rice Soya cake or meal Treacle or molasses Wheat meal Wheat offals or millers’ offals including pollard

Amount of fibre Amounts of oil and protein respectively

Amounts of oil, protein and fibre respectively

Amounts of oil and protein respectively None Amounts of oil and protein respectively Amounts of oil, protein and fibre respectively Amounts of oil and protein respectively Amount of sugar None Amount of fibre

ANIMAL FOOD AND FEEDING STUFFS PART II
Balanced Compound feeding stuff type-name

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Amounts of oil, protein and fibre respectively within the undernoted limits. Oil % Protein % Fibre %

Cattle: Dairy Cattle Production Ration "A" (Ordinary) ........... Dairy Cattle Production Ration "B" (High yield) ......... Calf Starter Ration ...................................................... Calf Rearing Ration .................................................... Cattle Fattening Ration ............................................... Goats and Sheep: Goat and Sheep Production Ration .............................. Pigs: Sow and Weaner Ration .............................................. Pig Creep-Feed Ration ................................................ Pig Fattening Ration .................................................. Poultry: Layers Ration ............................................................. Chick Rearing Ration .................................................. Poultry Growers Ration .............................................. Broiler Ration ............................................................. Turkey Starter Ration ................................................. Turkey Growers Ration ............................................... Turkey Finishing Ration .............................................

2½ to 6 2½ to 6 up to 4 2½ to 6 2½ to 7

16 18 22 19 18

to to to to to

21 23 26 24 23

up to 12 up to 10 up to 5½ up to 8½ up to 12

2½ to 6

16 to 21

up to 12

up to 4½ up to 4 up to 3½

16 to 20 19 to 24 12 to 16

up to 6½ up to 5½ up to 6½

2 or over 2 or over 2 or over 3½ or over 3½ or over 3½ or over 3½ or over

16 19 17 20 22 16 13

to to to to to to to

22 23 21 25 26 20 16

up to 6 up to 5 up to 6 up to 5 up to 5½ up to 7 up to 7

SECOND SCHEDULE
(SECTION 5(2))

Ingredients in Feeding Stuffs the presence of which must be declared (a) Husks, chaff, glumes, hulls, nutshells or skins of nuts, shudes, from any source, when used as separate ingredients or artificial mixtures in the manufacture of feeding stuffs. Where the kernels naturally associated in seeds with one or other of the above materials are present in a feeding stuff along with the materials with which they are so associated, regard shall be had to the proportion of the above materials that might reasonably be expected to accompany such kernels when the seed from which they are derived is in its natural condition, provided that feeding in this condition is regarded as a common practice in the feeding of live-stock.

10 (b) (c) (d)

CAP. 183.]

ANIMAL FOOD AND FEEDING STUFFS

Wheat straw or barley straw, ground or otherwise. Peat or peat moss, treated or untreated. Sawdust or any other form of wood, treated or untreated.

THIRD SCHEDULE
(SECTION 8)

Warranty implied in the sale of articles under certain names
Name under which article sold Alfalfa (lucerne) meal Implied definition Alfalfa (lucerne), as grown, dried and ground, to which no other matter has been added. The meal obtained by grinding barley, as grown, which shall be the whole grain together with only such other substances as may reasonably be expected to have become associated with the grain in the field The meal obtained by grinding commercially pure beans of the species (1) Vicia Faba (synonym Faba vulgaris) or any of its varieties, commonly known as "horse bean" "field bean" or "broad bean"; or (2) Phaseolus vulgaris, the "true haricot bean" or any of its varieties, white or coloured Whole clover, as grown, dried and ground, to which no other matter has been added Cakes or meals (other than molasses feeds and dried molassed beet pulp) consisting of a mixture of one or more of the articles mentioned in Part I of the First Schedule with any other substance or substances The residue resulting from the removal of oil from commercially pure cotton seed, not decorticated The residue resulting from the removal of oil from commercially pure cotton seed from which the cortex, in whole or in part, has been removed The meal obtained by grinding commercially pure dari or durra seed

Barley meal

Bean meal

Clover meal

Compound cakes or meals

Cotton cakes or meals not decorticated

Cotton cakes or meals from decorticated or partly decorticated cotton seed

Dari meal; durra meal

ANIMAL FOOD AND FEEDING STUFFS
Name under which article sold Dried brewery grains

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Dried distillery grains

Dried grass

Dried grass (maintenance quality)

Dried green fodder crops

Dried plain beet pulp

Dried molassed beet pulp

Implied definition The article produced by drying the residue of malted and unmalted cereals used in brewing, to which no other matter has been added The article produced by drying the residues from distillery mash-tuns, to which no other matter has been added Any product which (a) is obtained by artificially drying any of the following: grass, clover, lucerne, sainfoin, green cereals, or any mixture consisting of any of them, and (b) is otherwise as grown (that is to say including any growths harvested therewith but with no other substance added thereto), and contains not less than 13 per cent protein calculated on the assumption that it contains 10 per cent moisture Dried grass as defined in this Schedule except that it may contain less than 13 per cent but not less than 10 per cent protein calculated on the assumption that it contains 10 per cent moisture Any product which (a) is obtained by artificially drying any green crop or crops suitable for use as dried fodder for cattle or poultry, and (b) is otherwise as grown (that is to say, including any growth harvested therewith but with no other substance added thereto), and contains not less than 10 per cent protein calculated on the assumption that it contains 10 per cent moisture, but is not dried grass or dried grass (maintenance quality) The article produced by drying the sugar beet residue produced in the manufacture of sugar from sugar beet with or without the addition of molasses, to give less than 10 per cent of sugar. The article produced by drying the sugar beet residue produced in the manufacture of sugar from sugar beet, with the addition of molasses, to give 10 per cent or more of sugar

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CAP. 183.]

ANIMAL FOOD AND FEEDING STUFFS
Implied definition An article produced by drying yeast or yeast residues, to which no other matter has been added The residue resulting from the removal of oil from commercially pure linseed by means of a solvent The product obtained by grinding commercially pure steamed bone Commercially pure bone, raw or degreased, which has been ground or crushed Blood which has been dried, to which no other matter has been added The product, containing not less than 40 per cent of protein and not more than 4 per cent of salt, obtained by drying and grinding animal carcasses or portions thereof (excluding hoof and horn) to which no other matter has been added but which may have been preliminarily treated for the removal of fat The product, containing not less than 55 per cent of protein and not more than 4 per cent of salt, obtained by drying and grinding animal carcasses or portions thereof (excluding hoof and horn) to which no other matter has been added but which may have been preliminarily treated for the removal of fat A product obtained by drying and grinding or otherwise treating fish or waste of fish, to which no other matter has been added The product obtained by cooking and flaking commercially pure maize or Indian corn, either as grown or from which the germ, in whole or in part, has been removed The meal obtained by grinding commercially pure oats, as grown The residue resulting from the removal of oil from commercially pure linseed The meal obtained by grinding or crushing commercially pure linseed The meal obtained by grinding or crushing commercially pure locust beans

Name under which article sold Dried yeast

Extracted linseed meal

Feeding bone flour Feeding bone meal; ground bone

Feeding dried blood Feeding meat and bone meal

Feeding meat meal

Fish meal; fish residue meal

Flaked maize

Ground oats Linseed cakes or the meals of such cakes

Linseed meal Locust bean meal

ANIMAL FOOD AND FEEDING STUFFS
Name under which article sold Maize germ cake or meal

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Maize gluten feed

Maize meal; Indian meal

Malt culms

Molasses feeds

Nut cakes or meals, including coconut, copra, palm kernel and ground nut cakes and meals Oatfeed

Pea meal

Rape cake or meal

Rice bran; rice meal

Soya cake or meal

Sugar beet treacle; sugar beet molasses

Sugar cane treacle; sugar cane molasses

Wheat meal

Implied definition A meal or cake resulting from the grinding of maize germs or from maize germs from which the oil has been removed in whole or in part A by-product resulting from the removal of starch and germ from maize, to which no other matter has been added The meal obtained by grinding commercially pure maize or Indian corn, as grown The rootlets and shoots arising from the screening of malt, to which no other matter has been added Any mixture (other than dried molassed beet pulp) containing not less than 10 per cent of sugar, of an absorbent material and treacle or molasses The residue resulting from the removal of oil from commercially pure nut kernels The by-product of oatmeal milling consisting of hulls, floury materials, mealy matter, scree dust, all finely ground, and containing not more than 27 per cent of fibre The meal obtained by grinding commercially pure peas, as grown, of varieties of "Pisum sativum" or "Pisum arvense" The residue resulting from the removal of oil from commercially pure rape seed The by-product produced in milling shelled rice, to which no other matter has been added The residue resulting from the removal of oil from commercially pure soya beans A concentrated syrup product obtained in the manufacture of sugar from sugar beet, to which no other matter has been added A concentrated syrup product obtained in the manufacture of sugar from sugar cane, to which no other matter has been added The meal obtained by grinding commercially pure wheat, as grown

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CAP. 183.]

ANIMAL FOOD AND FEEDING STUFFS
Implied definition A product of wheat separated in the process of milling and containing not more than 4 per cent of vegetable substances, other than wheat, extracted from wheat in the process of cleaning by the maker of the offals in the production of flour A product (containing not more than 6 per cent of oil and not more than 4 per cent of salt) obtained by drying and grinding or otherwise treating white fish or waste of white fish, to which no other matter has been added

Name under which article sold Wheat offals; miller’s offals (including pollard)

White fish meal

In the case of every article mentioned in this Schedule the definition of which includes the expression "commercially pure", it is implied that no other matter may be added.

FOURTH SCHEDULE
(SECTION 9(2))

Deleterious Ingredients in Feeding Stuffs (a) (b) (c) Salts soluble in water, if present in a feeding stuff in proportion likely to be injurious to the health of animals. All poisonous substances except those naturally present in the materials from which the feeding stuff is derived. Sand, silicious matter or other insoluble mineral matter not naturally associated with ingredients of the feeding stuff which do not fall within the scope of this Schedule, or which, even if naturally so associated, are present in greater proportion than the maximum that may be expected to be due to such natural association - namely 3%.

For the purpose of this paragraph the term "insoluble" shall imply insolubility in hydrochloric acid, as determined by a prescribed method; the term "natural association" shall be construed as applying to average commercial samples of the feeding material with which it may be claimed that a particular mineral ingredient is associated.

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