EU Regulation on Toyocerin suspension invalidated

On 15 April 2013 the General Court of European Union issued an Official Document invalidating the EU Regulation 288/2013 on Toyocerin suspension from the EU market, pending the outcome of a resolution on preliminary injunction.

A month ago, the European Commission decided to suspend Rubinum’s product Toyocerin from the EU market until the new data could be validated. Rubinum, a Spanish feed additive company, immediately requested that the Court declare the Regulation void. Toyocerin, a feed additive is based on the strain Bacillus cereus var. toyoi (NCIMB 40112/ CNCM I-1012), has been used in Europe since the mid-1980’s, and no incident with the safety and efficacy of Toyocerin has ever existed. On 26 March 2013, the EU Regulation No. 288/2013 was issued, which was about to come into force on 16 April 2013, stating that Toyocerin products should be withdrawn from the EU market until 14 June 2013, and existing compound feed containing the product until 15 October 2013.

In light of the dispensed written opinion from the Commission, the Court considers it necessary to adopt the interim measures until a resolution to the present process is completed.