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Distinction between Feed Materials and Feed Additives in Consideration of the General Principles of Law, and with a View to the Demarcation Guidelines established by the European Commission with Recommendation No 2011/25/EU of 14 January 2011

Barbara Klaus


On January 14, 2011, the European Commission Recommendation No 2011/25/EU1 was published, establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products. Having in mind the significance of the correct juridical classification of a product, in as much as it has implications for the conditions of its placing on the market, depending on the relevant applicable legislation, this Article looks into the legal principles applying to this distinction, also by carrying out a comparison of the criteria established by the European Court of Justice’s case law, with regard to the distinction between foodstuffs and human medicinal products. In the light of these legal criteria, the distinction criteria established by the European Commission in the above cited Recommendation are examined critically, where this Article, however, gives special emphasis to the distinction criteria between feed materials and feed additives.

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