Procedures for the Registration and Authorisation of a Feed Business

Issued pursuant to
Section 3, Paragraph three of the Law
on Circulation of Animal Feedingstuffs

I. General Provisions

1. The Regulation prescribes the procedures for the authorisation and registration, and also for the revocation of the authorisation and registration of a feed business (hereinafter - the establishment).

[17 November2020]

2. The Regulation shall not apply to the establishments which are referred to in:

2.1. Article 2(2)(a), (b), and (c) of Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (hereinafter - Regulation No 183/2005 of the European Parliament and of the Council);

2.2. Article 2(2)(d) of Regulation No 183/2005 of the European Parliament and of the Council if the amount of direct supplies carried out by the establishment does not exceed 10 tonnes per year and supplies are carried out only to the farms in the territory of Latvia for use on those farms.

[7 May 2013]

3. In accordance with Chapter III of this Regulation the Food and Veterinary Service (hereinafter - the Service) shall authorise the establishment which deals with:

3.1. the activities referred to in Article 10(1) of Regulation No 183/2005 of the European Parliament and of the Council;

3.2. the activities referred to in point 2 of Annex to Commission Regulation (EU) No 225/2012 of 15 March 2012 amending Annex II to Regulation (EC) No 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils, fats and products derived thereof (hereinafter - Commission Regulation No 225/2012);

3.3. the activities referred to in Article 1 of Commission Regulation (EC) No 141/2007 of 14 February 2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category 'coccidiostats and histomonostats';

3.4. the production, storage, transport or placing on the market of medicated feed, except for the establishments referred to in Article 13(2) of Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC;

3.5. the detoxification of contaminated feed by using physical, chemical or biological detoxification process in accordance with Article 1(1) and Article 6(1) of Commission Regulation (EU) 2015/786 of 19 May 2015 defining acceptability criteria for detoxification processes applied to products intended for animal feed as provided for in Directive 2002/32/EC of the European Parliament and of the Council (hereinafter - Regulation 2015/786);

3.6. the reproduction, propagation and killing of insects for the acquisition of protein to be used in animal feed;

3.7. the production of such complete feed referred to in Article 8(2) of Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC.

[7 May 2013; 9 April 2019; 17 November 2020]

4. The Service shall register the establishment which is operating in any of the stages of production, processing, storage, transport or distribution of feed in accordance with Chapter II of this Regulation, including it deals with:

4.1. the activities referred to in Chapter II of Annex VI to Commission Regulation (EU) No 142/2011 of 25 February 2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive and wants to be involved in the circulation of animal feed;

4.2. the activities referred to in Article 7 and Annex IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (hereinafter - Regulation No 999/2001 of the European Parliament and of the Council) and wants to be involved in the circulation of animal feed;

4.3. the activities which are related to the circulation of animal feed in the food establishment;

4.4. the production of technical products and production products or processing products which are placed on the market as animal feed;

4.5. the provision of transportation services of animal feed;

4.6. the provision of transit services of animal feed (with storage or without it);

4.7. the import of animal feed from third countries;

4.8. the export of animal feed to third countries;

4.9. other activities related to the circulation of animal feed which are not referred to in Paragraph 3 of this Regulation;

4.10. placing the food non-suitable for human consumption on the circulation of animal feed;

4.11. the representation of the feed producer registered in a third country in accordance with Article 24 of Regulation No 183/2005 of the European Parliament and of the Council if the animal feed is produced in the third country and imported to Latvia therefrom and the declaration indicated in Annex 1.¹ of this Regulation is filled out;

4.12. [Sub-paragraph shall come into force on 28 January 2022 and shall be included in the wording of the Regulation as of 28 January 2022 / See Paragraph 31]

4.13. [Sub-paragraph shall come into force on 28 January 2022 and shall be included in the wording of the Regulation as of 28 January 2022 / See Paragraph 31]

[7 May 2013; 9 April 2019]

4.¹ If the representative of the animal feed producer registered in a third country is registered in any of the European Union Member States, the Service shall not register it repeatedly.

[9 April 2019]

4.² The Agricultural Data Centre (hereinafter - the Data Centre) shall, in accordance with Chapter II of this Regulation, register the establishments which carry out the activities laid down in Article 5(1) of Regulation No 183/2005 of the European Parliament and of the Council in the field of primary production of animal feed.

[9 April 2019]

5. The Service shall include the authorised and registered establishments in the the Register of Objects under Supervision of the Service (hereinafter - the Register of the Service), but the Data Centre shall include the registered establishments in the Register of Feed Producers.

[9 April 2019]

6. The Data Centre shall publish the following information on the registered or authorised establishment on the website thereof:

6.1. the granted registration or authorisation number;

6.2. the name (for a natural person - the given name and surname);

6.3. the registration number of the establishment in the Enterprise Register;

6.4. registered office (for a natural person - the address of the declared place of residence), actual address and telephone number;

6.5. the types of activities of the establishment.

[17 November2020]

II. Procedures for the Registration of the Establishment

7. A person involved in the circulation of animal feed (hereinafter - the person) shall submit the application for the registration of the establishment of primary production of animal feeds (Annex 1) to the Data Centre in respect of the establishment which is dealing with the activities of primary production of animal feed referred to in Article 5(1) of Regulation No 183/2005 of the European Parliament and of the Council.

8. The requirements referred to in Paragraph 7 of this Regulation shall not apply to:

8.1. the animal holding which is included in the Register of Animal Holdings of the Data Centre in accordance with the laws and regulations regarding the procedures for the registration of animals, herds and holdings, and is regarded to be registered as the establishment involved in primary production of animal feed;

8.2. the establishment of pretreatment and storage of the products of plant origin, and also to the establishment which carries out heat treatment of grains and is included in the register of the Service in accordance with the laws and regulations regarding the procedures for the authorisation and registration of a food establishment.

[9 April 2019]

9. The Data Centre shall, within three working days after receipt of the application, register the establishment and notify the person thereof.

10. The person shall submit the application for the registration or authorisation of a feed business (Annex 2) to the Service in respect of the establishment which in the circulation of animal feed carries out the activities other than those referred to in Paragraph 7 of this Regulation.

11. The Service shall, within 15 working days after receipt of the application referred to in Paragraph 10 of this Regulation, verify the compliance of the establishment with the requirements of the laws and regulations governing the circulation of animal feed and Regulation No 183/2005 of the European Parliament and of the Council, if it carries out the activities referred to in Annex 2, Paragraph 3, Section II of this Regulation, and take one of the following decisions:

11.1. to register the establishment;

11.2. to refuse the registration of the establishment.

[7 May 2013; 9 April 2019]

12. The Service shall, within three working days after the inspection, notify the person of the decision taken and register the establishment if the decision to register the establishment is taken.

13. The Service shall, within five working days upon request of the person, issue a registration certificate of the establishment in which the following shall be provided:

13.1. the registration number granted to the establishment;

13.2. the registration number of the establishment in the Enterprise Register;

13.3. the name of the establishment (for a natural person - the given name and surname), the registered office, the address of the declared place of residence and actual address;

13.4. the types of activities of the establishment in accordance with the requirements of Annex 2, Paragraph 3 of this Regulation.

14. The person which is operating as a seller of animal feed and does not store animal feed in its premises shall submit to the Service the declaration (Annex 3) on the compliance of animal feed with the requirements of Regulation No 183/2005 of the European Parliament and of the Council and other laws and regulations governing the circulation of animal feed.

15. The Service shall, within five working days after receipt of the declaration referred to in Paragraph 14 of this Regulation, evaluate it and take one of the following decisions:

15.1. to register the establishment;

15.2. to determine that it is necessary to authorise the establishment.

[7 May 2013]

15.¹ The Service shall, within three working days:

15.¹1. notify the person of the decision taken and inform of the necessity to submit the application for the authorisation of a feed business to the Service if the decision referred to in Sub-paragraph 15.2 of this Regulation is taken;

15.¹2. register the establishment if the decision to register the establishment is taken.

[7 May 2013]

16. If changes have occurred, the person shall, within 10 working days after occurrence of the changes, submit the information to the Data Centre or the Service (depending on the place of submission of the document referred to in Paragraph 7, 10, or 14 of this Regulation) regarding:

16.1. the name of the establishment (for a natural person - the given name and surname);

16.2. the registered office (for a natural person - the address of the declared place of residence), actual address;

16.3. the representative of the establishment;

16.4. the types of activities of the establishment in accordance with the requirements of Annex 2, Paragraph 3 of this Regulation;

16.5. the discontinuation of the activity or certain type of economic activity of the establishment.

[9 April 2019]

17. The Data Centre shall, within three working days after receipt of the information referred to in Paragraph 16 of this Regulation, make changes in the Register and notify the person thereof.

18. The Service shall, within five working days after receipt of the information referred to in Paragraph 16 of this Regulation, make changes in the Register and notify the person thereof.

19. The Service shall, within five working days upon request of the person, issue a new registration certificate.

III. Procedures for the Authorisation of the Establishment

20. The person shall submit the application for the authorisation of a feed business to the Service in respect of the establishment referred to in Paragraph 3 of this Regulation (Annex 2).

21. The Service shall start the authorisation of the establishment after receipt of the application and within 15 working days verify whether the activity of the establishment complies with the requirements of Regulation No 183/2005 of the European Parliament and of the Council and other laws and regulations governing the circulation of animal feed.

22. After the inspection, the Service shall take one of the following decisions in accordance with the requirements of Article 13 of Regulation No 183/2005 of the European Parliament and of the Council:

22.1. to authorise the establishment and to grant the authorisation number if the establishment meets the requirements of the laws and regulation governing the circulation of animal feed;

22.2. to authorise the establishment on the condition - for the time period up to three months and to grant a temporary authorisation number if the establishment partly meets the requirements of the laws and regulation governing the circulation of animal feed;

22.3. to refuse the authorisation of the establishment if the establishment fails to comply with the requirements governing the circulation of animal feed.

[7 May 2013; 9 April 2019]

23. In the case referred to in Sub-paragraphs 22.1 and 22.2 of this Regulation the Service shall include the establishment in the Register by providing the granted authorisation or temporary authorisation number.

[7 May 2013]

24. If the person involved in the circulation of animal feed the establishment of which is authorised on the condition has rectified the non-conformities indicated in the statement within three months after notification of the decision, it shall notify the Service of the readiness to continue the authorisation procedure.

[7 May 2013]

24.¹ If it is detected in the repeated inspection that the establishment complies with the requirements of the laws and regulations governing the circulation of animal feed, the Service shall:

24.¹1. within three working days after the inspection, take the decision to authorise the establishment and notify the person of the decision taken;

24.¹2. change the temporary authorisation number to authorisation number.

[7 May 2013]

24.² If during the repeated inspection the Service detects that the establishment fails to comply with the requirements of the laws and regulations governing the circulation of animal feed, the Service shall, within three working days, take a decision not to extend the time period for temporary authorisation, notify the person of the decision taken and delete the establishment from the Register.

[7 May 2013]

24.³ The Service may extend the time period for temporary authorisation up to three months if the Service, upon performance of the inspection, detects that the person involved in the circulation of animal feed has rectified the most part of the non-conformities indicated in the statement. In total the temporary authorisation shall be granted for the time period which does not exceed six months from the day when the first inspection of the establishment has been carried out.

[7 May 2013]

24.⁴ If after extension of the time period for temporary authorisation the Service detects that the establishment fails to comply with the requirements of the laws and regulations governing the circulation of animal feed, the Service shall take the decision to refuse the authorisation of the establishment.

[7 May 2013]

24.⁵ If after extension of the time period for temporary authorisation the Service detects that the establishment complies with the requirements of the laws and regulations governing the circulation of animal feed, the Service shall:

24.⁵1. within three working days after the inspection, take the decision to authorise the establishment and notify the person of the decision taken;

24.⁵2. change the temporary authorisation number to authorisation number.

[7 May 2013]

25. The Service shall, within five working days upon request of the person, issue the authorisation certificate to the establishment. The certificate shall specify:

25.1. the authorisation number granted to the establishment;

25.2. the registration number of the establishment in the Enterprise Register;

25.3. the name of the establishment (for a natural person - the given name and surname), the registered office, the address of the declared place of residence and actual address;

25.4. the types of activities of the establishment in accordance with the requirements of Annex 2, Paragraph 3 of this Regulation.

26. If the changes have occurred, the person shall, within 10 working days after occurrence of changes, submit the information on the following to the Service:

26.1. the name of the establishment (for a natural person - the given name and surname);

26.2. the registered office (for a natural person - the address of the declared place of residence), actual address;

26.3. the representative of the establishment;

26.4. the types of activities of the establishment in accordance with the requirements of Annex 2, Paragraph 3 of this Regulation;

26.5. the discontinuation of the activity or certain type of economic activity of the establishment.

[9 April 2019]

27. The Service shall, within five working days after receipt of the information referred to in Paragraph 26 of this Regulation, make changes in the Register and notify the person thereof.

28. The Service shall, within five working days upon request of the person, issue a new authorisation certificate to the establishment.

III.¹ Procedures for the Cancellation of the Registration and Authorisation of the Establishment

[17 November 2020]

28.¹ The Data Centre shall cancel the registration and delete the establishment from the Register of Feed Producers if it has notified termination of the activity.

[17 November2020]

28.² The Service shall take the decision to cancel one or several types of activity and delete them from the Register of the Service if the establishment has not carried out the relevant activity in the circulation of feed for a year.

[17 November2020]

28.³ The Service shall take the decision to cancel the registration or authorisation of the establishment and delete the establishment from the Register of the Service if:

28.³1. the establishment has notified termination of the activity;

28.³2. it is proven that the enterprise has not carried out the activities in the circulation of the feed;

28.³3. the decision to suspend the activity of the establishment is taken and the establishment has failed to rectify the non-conformities detected within the laid down time period or if the activity of the establishment is suspended repeatedly;

28.³4. the activity of the establishment is suspended in the case laid down in Section 26 of the Law on Circulation of Animal Feedingstuffs;

28.³5. it is detected that the information provided by the establishment is incomplete or false.

[17 November2020]

IV. Closing Provisions

29. Cabinet Regulation No. 557 of 14 August 2007, Procedures for the Authorisation and Registration of Facilities Involved in the Circulation of Animal Feed (Latvijas Vēstnesis, 2007, No. 138), is repealed.

30. Until the day of coming into force of this Regulation the establishments registered and authorised shall not be registered and authorised repeatedly.

31. Sub-paragraphs 4.12 and 4.13 of this Regulation shall come into force on 28 January 2022.

[17 November 2020 / Sub-paragraphs 4.12 and 4.13 shall be included in the wording of the Regulation as of 28 January 2022]

Prime Minister, Minister for Children,
Family and Integration Affairs V. Dombrovskis

Minister for Agriculture J. Dūklavs

Annex 1
Cabinet Regulation No. 730
30 June 2009

[9 April 2019]

Application for the Registration of the Establishment of Primary Production of Animal Feed

1. Establishment of primary production of animal feed

2. Representative of a feed business

3. Registration of the application (shall be filled out by the representative of the State agency "Agricultural Data Centre")

Note.

The details of the document "signature" and "date" shall not be completed if the electronic document has been drafted in compliance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Agriculture J. Dūklavs

Annex 1.¹
Cabinet Regulation No. 730
30 June 2009

[9 April 2019]

Declaration of the Establishment for the Representation of the Feed Business Registered in a Third Country

1. Information on the feed business registered in a third country

2. Information on the representative of the feed business registered in a third country - a natural person

3. Information on the representative of the feed business registered in a third country - a legal person

Annex 2
Cabinet Regulation No. 730
30 June 2009

[7 May 2013; 9 April 2019]

Application for the Registration and Authorisation of a Feed Business

2. Person involved in the circulation of animal feed

3. Types of activities of the establishment

4. I would like to obtain the certificate of the person involved in the circulation of animal feed:

5. Registration of the application (to be filled in by a representative of the Food and Veterinary Service)

Note.

The details of the document "signature" and "date" shall not be completed if the electronic document has been drafted in compliance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Agriculture J. Dūklavs

Annex 3
Cabinet Regulation No. 730
30 June 2009

[9 April 2019]

Declaration of the Seller of Animal Feed (which Does not Store Animal Feed in its Premises) on the Compliance of Animal Feed with the Requirements of Laws and Regulations

1. Establishment for the trade of animal feed

2. Representative of a feed business

I hereby confirm that the establishment sells animal feed without storing them and animal feed comply with the requirements of Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene and the requirements of other laws and regulations governing circulation of animal feed.

3. Registration of the application (to be filled in by a representative of the Food and Veterinary Service)

Note.

The details of the document "signature" and "date" shall not be completed if the electronic document has been drafted in compliance with the laws and regulations regarding the drawing up of electronic documents.

Minister for Agriculture J. Dūklavs

Translation © 2021 Valsts valodas centrs (State Language Centre)