Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed

• Coming into Force: 28 November 2019
• Published date: 28 November 2019
• Celex Number: 02002L0032-20191128
• Date: 28 November 2019
• Court: Provisional data,Datos provisionales,Vorläufige Daten

02002L0032 — EN — 28.11.2019 — 022.001

---

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B DIRECTIVE 2002/32/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 May 2002 on undesirable substances in animal feed (OJ L 140 30.5.2002, p. 10)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION DIRECTIVE 2003/57/EC Text with EEA relevance of 17 June 2003	L 151	38	19.6.2003
M2	COMMISSION DIRECTIVE 2003/100/EC Text with EEA relevance of 31 October 2003	L 285	33	1.11.2003
M3	COMMISSION DIRECTIVE 2005/8/EC Text with EEA relevance of 27 January 2005	L 27	44	29.1.2005
M4	COMMISSION DIRECTIVE 2005/86/EC Text with EEA relevance of 5 December 2005	L 318	16	6.12.2005
M5	COMMISSION DIRECTIVE 2005/87/EC Text with EEA relevance of 5 December 2005	L 318	19	6.12.2005
M6	COMMISSION DIRECTIVE 2006/13/EC Text with EEA relevance of 3 February 2006	L 32	44	4.2.2006
M7	COMMISSION DIRECTIVE 2006/77/EC Text with EEA relevance of 29 September 2006	L 271	53	30.9.2006
M8	COMMISSION DIRECTIVE 2008/76/EC Text with EEA relevance of 25 July 2008	L 198	37	26.7.2008
M9	COMMISSION DIRECTIVE 2009/8/EC Text with EEA relevance of 10 February 2009	L 40	19	11.2.2009
►M10	REGULATION (EC) No 219/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009	L 87	109	31.3.2009
M11	COMMISSION DIRECTIVE 2009/124/EC Text with EEA relevance of 25 September 2009	L 254	100	26.9.2009
M12	COMMISSION DIRECTIVE 2009/141/EC Text with EEA relevance of 23 November 2009	L 308	20	24.11.2009
M13	COMMISSION DIRECTIVE 2010/6/EU Text with EEA relevance of 9 February 2010	L 37	29	10.2.2010
►M14	COMMISSION REGULATION (EU) No 574/2011 of 16 June 2011	L 159	7	17.6.2011
►M15	COMMISSION REGULATION (EU) No 277/2012 of 28 March 2012	L 91	1	29.3.2012
►M16	COMMISSION REGULATION (EU) No 744/2012 of 16 August 2012	L 219	5	17.8.2012
►M17	COMMISSION REGULATION (EU) No 107/2013 of 5 February 2013	L 35	1	6.2.2013
►M18	COMMISSION REGULATION (EU) No 1275/2013 of 6 December 2013	L 328	86	7.12.2013
►M19	COMMISSION REGULATION (EU) 2015/186 of 6 February 2015	L 31	11	7.2.2015
►M20	COMMISSION REGULATION (EU) 2017/2229 of 4 December 2017	L 319	6	5.12.2017
►M21	REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019	L 198	241	25.7.2019
►M22	COMMISSION REGULATION (EU) 2019/1869 of 7 November 2019	L 289	32	8.11.2019

---

▼B

DIRECTIVE 2002/32/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 May 2002

on undesirable substances in animal feed

Article 1

1. This Directive deals with undesirable substances in products intended for animal feed.

2. This Directive shall apply without prejudice to the provisions in:

(a) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs ( 1 );

(b) Council Directive 96/25/EC and Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs ( 2 );

(c) Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables ( 3 ), Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals ( 4 ), Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin ( 5 ) and Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables ( 6 ), where these residues are not listed in Annex I to this Directive;

(d) Community legislation concerning veterinary matters relating to public health and animal health;

(e) Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition ( 7 );

(f) Council Directive 93/74/EEC of 13 September 1993 on feedingstuffs intended for particular nutritional purposes ( 8 ).

Article 2

For the purposes of this Directive:

(a) ‘feedingstuffs’ shall mean products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, used singly or in mixtures, whether or not containing additives, for oral animal feeding;

(b) ‘feed materials’ shall mean various products of vegetable or animal origin, in their natural state, fresh or preserved, and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for use in oral animal feeding either directly as such or, after processing, in the preparation of compound feedingstuffs or as substrates for premixtures;

(c) ‘additives’ shall mean additives as defined in Article 2(a) of Council Directive 70/524/EEC;

(d) ‘premixtures’ shall mean mixtures of additives or mixtures of one or more additives with substances used as carriers, intended for the manufacture of feedingstuffs;

(e) ‘compound feedingstuffs’ shall mean mixtures of feed materials, whether or not containing additives, which are intended for oral animal feeding as complete or complementary feedingstuffs;

(f) ‘complementary feedingstuffs’ shall mean mixtures of feedingstuffs which have a high content of certain substances and which, by reason of their composition, are sufficient for a daily ration only if used in combination with other feedingstuffs;

(g) ‘complete feedingstuffs’ shall mean mixtures of feedingstuffs which, by reason of their composition, are sufficient for a daily ration;

(h) ‘products intended for animal feed’ shall mean feed materials, premixtures, additives, feedingstuffs and all other products intended for use or used in animal feed;

(i) ‘daily ration’ shall mean the average total quantity of feedingstuffs, calculated on a moisture content of 12 %, required daily by an animal of a given species, age class and yield, to satisfy all its needs;

(j) ‘animals’ shall mean animals belonging to species normally fed and kept or consumed by man as well as animals living freely in the wild in cases where they are fed with feedingstuffs;

(k) ‘putting into circulation’ or ‘circulation’ shall mean the holding of products intended for animal feed for the purposes of sale, including offering for sale, or any other form of transfer, whether free or not, to third parties, and the sale or other forms of transfer themselves;

(l) ‘undesirable substance’ shall mean any substance or product, with the exception of pathogenic agents, which is present in and/or on the product intended for animal feed and which presents a potential danger to animal or human health or to the environment or could adversely affect livestock production.

Article 3

1. Products intended for animal feed may enter for use in the Community from third countries, be put into circulation and/or used in the Community only if they are sound, genuine and of merchantable quality and therefore when correctly used do not represent any danger to human health, animal health or to the environment or could adversely affect livestock production.

2. In particular, products intended for animal feed shall be deemed not to be in conformity with paragraph 1 if the level of undesirable substances they contain does not comply with the maximum levels laid down in Annex I.

Article 4

1. Member States shall prescribe that the undesirable substances listed in Annex I may be tolerated in products intended for animal feed only subject to the conditions laid down therein.

2. In order to reduce or eliminate sources of undesirable substances of products intended for animal feed, Member States, in cooperation with economic operators, shall carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels. For a uniform approach in cases of increased levels it may be necessary to set action thresholds to trigger such investigations. These may be laid down in Annex II.

Member States shall transmit to the Commission and the other Member States all relevant information and findings of the source and the measures taken to reduce the level or elimination of the undesirable substances. This information shall be transmitted in the frame of the annual report to be transmitted to the Commission according to the provisions of Article 22 of Directive 95/53/EC except in those cases where the information is of immediate relevance for the other Member States. In this latter case, the information shall be transmitted immediately.

Article 5

Member States shall prescribe that products intended for animal feed containing levels of an undesirable substance that exceed the maximum level fixed in Annex I may not be mixed for dilution purposes with the same, or other, products intended for animal feed.

Article 6

In so far as there are no special provisions for complementary feedingstuffs, Member States shall prescribe that complementary feedingstuffs may not, taking into account the proportion prescribed for their use in a daily ration, contain levels of the undesirable substances listed in Annex I that exceed...