Statutory Rules of Northern Ireland
Food
Made
18th November 2008
Coming into operation
22nd December 2008
The Department of Agriculture and Rural Development is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Department that it is expedient for any reference to the following Regulations to be construed as a reference to those Regulations as amended from time to time.
(a)Council Regulation (EC) No. 1234/2007(3) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation); and
(b)Commission Regulation (EC) No. 617/2008(4) laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks.
Insofar as these Regulations are made in exercise of powers under the Food Safety (Northern Ireland) Order 1991(5), the Department has had regard to relevant advice given by the Food Standards Agency as required by Article 47(3A)(6) of that Order.
There has been open and transparent public consultation during the preparation of the following Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(7) laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Accordingly, the Department makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A(8) of Schedule 2 to, the European Communities Act 1972 and Articles 15(1)(9),16(10), 25(2) and (3)(11), 26(3)(12) and 47(2)(13) of the Food Safety (Northern Ireland) Order 1991.
1.—(1) These Regulations may be cited as the Eggs and Chicks (No. 2) Regulations (Northern Ireland) 2008 and shall come into operation on 22nd December 2008.
(2) These Regulations apply—
(a)to eggs for hatching and chicks to which point I(1) of Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008 apply; and
(b)to eggs to which point I(1) of Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 apply (eggs in shell for consumption produced by hens of the species Gallus gallus).
(3) But they do not apply—
(a)to establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation;
(b)to the sale of eggs to which point I(1) of Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer—
(i)on the production site;
(ii)by door-to-door selling in the region of production; or
(c)except insofar as they relate to the requirement imposed by point III(3) of Part A of Annex XIV to the Single CMO Regulation, to the sale of eggs to which point I(1) of Part A of Annex XIV to that Regulation and Commission Regulation (EC) No. 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.
(4) In paragraph (3)(b)(ii) “door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer’s home, or to the home of another person, or to the final consumer’s place of work.
2.—(1) In these Regulations—
“authorised officer”, means a person who is authorised by the Department or a district council, in accordance with regulation 15 either generally or specially, to act in matters arising under these Regulations;
“breeding establishment” has the meaning given by Article 1(3)(b) of Commission Regulation (EC) No. 617/2008;
“chicks” has the meaning given by Article 1(2) of Commission Regulation (EC) No. 617/2008;
“Commission Regulation (EC) No. 617/2008” means Commission Regulation (EC) No. 617/2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks, as amended from time to time;
“Commission Regulation (EC) No. 589/2008” means Commission Regulation (EC) No. 589/2008(14) laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs, as adopted by the Commission on 23rd June 2008;
“Council Directive 1999/74/EC” means Council Directive 1999/74/EC(15) laying down minimum standards for the protection of laying hens;
“Directive 2000/13/EC” means Directive 2000/13/EC(16) of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;
“eggs” has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;
“eggs for hatching” has the meaning given by Article 1(1) of Commission Regulation (EC) No. 617/2008;
“enforcement authority” means an authority exercising a function conferred on it by regulation 15;
“final consumer” has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;
“hatchery” has the meaning given by Article 1(3)(c) of Commission Regulation (EC) No. 617/2008;
“packing centre” has the meaning given by sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;
“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No. 617/2008;
“production site” has the meaning given by sub-paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;
“Single CMO Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time;
“the Department” means the Department of Agriculture and Rural Development; and
“the Order” means the Food Safety (Northern Ireland) Order 1991.
(2) The Interpretation Act (Northern Ireland) 1954(17) shall apply to these Regulations as it applies to an Act of the Assembly.
(3) Any expression which is not defined in paragraph (1), but is used in Part 2 of, or Schedule 1 to, these Regulations, and in Part C of Annex XIV to the Single CMO Regulation has the same meaning in those provisions of these Regulations as it does in the Single CMO Regulation.
(4) Any expression which is not defined in paragraph (1), but is used in regulation 1(3) or Part 3 of, or Schedule 2 to, these Regulations and in Part A of Annex XIV to the Single CMO Regulation or Commission Regulation (EC) No. 589/2008, has the same meaning in those provisions of these Regulations as it does in the EC Regulation in which it is used.
(5) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 1 means a contravention of or failure to comply with—
(a)any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
(b)any provision of Commission Regulation (EC) No. 617/2008 mentioned in column 1 of Part 2 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
(6) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 2 means a contravention of or failure to comply with—
(a)any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
(b)any provision of Commission Regulation (EC) No. 589/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
3. A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 1.
4.—(1) The Department is designated as the competent authority for the purpose of Article 2(1) of Commission Regulation (EC) No. 617/2008 (registration of pedigree breeding establishments, other breeding establishments and hatcheries).
(2) Where an application is made to the Department pursuant to Article 2(1) of Commission Regulation (EC) No. 617/2008, it must notify the applicant of the matters specified in paragraph (3) within 28 days.
(3) The matters are—
(a)the Department’s decision on the application;
(b)the reasons for any refusal to grant the application; and
(c)in the case of any refusal to grant the application, the right of appeal conferred by regulation 17 of these Regulations.
(4) Where the Department is not satisfied that an application should be granted, it may (instead of refusing the application) notify the applicant of the reason for this, and—
(a)where the Department is not satisfied with the sufficiency of the data provided in support of the application, it may ask the applicant to provide further data;
(b)where the Department is not satisfied that all the provisions mentioned in Schedule 1 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, it may ask the applicant to take steps to ensure that those provisions will be complied with; and
(c)may give the applicant an opportunity to provide oral or written explanations to it in respect of the application.
(5) Where the Department decides to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, it must notify the person carrying on business at the establishment concerned (“the operator”) of the matters mentioned in paragraph (6) within 28 days.
(6) The matters are—
(a)the Department’s decision to withdraw the registration;
(b)the date on which the withdrawal of the registration is to take effect;
(c)the reasons for the withdrawal; and
(d)the right of appeal conferred by regulation 17 of these Regulations.
(7) Where the Department is minded to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, it may (instead of withdrawing the registration) notify the operator that it is minded to withdraw the registration, and the reasons for this, and—
(a)where the contravention of, or failure to comply with, any provision mentioned in Schedule 1 is continuing, it may ask the operator to take steps to ensure that that provision is complied with; and
(b)it may also give the operator an opportunity to provide oral or written explanations to it in respect of the matter.
(8) Where the Department gives a notice to an applicant under paragraph (4), or to an operator under paragraph (7), the Department must specify a deadline in the notice by which any action specified in the notice must be taken.
(9) Any deadline given by the Department under this regulation may be extended on one or more occasions.
(10) Any notice given by the Department under this regulation must be in writing.
(11) For the purposes of calculating the 28-day time limit specified in paragraph (2), time does not run during any period that the Department gives to an applicant to take any action specified in a notice given under paragraph (4).
5. Eggs for hatching may be marked in a different manner from that specified in Article 3(2) of Commission Regulation (EC) No. 617/2008 if the marking of the eggs—
(a)is in black, indelible, clearly visible and at least 10mm2 in area; and
(b)is carried out prior to insertion into the incubator, either at the producer establishment or at a hatchery.
6. A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 2.
7.—(1) The Department is designated as the competent authority for the purpose of the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 (authorisation of undertakings as packing centres to grade eggs).
(2) Where an application is made to the Department under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 to authorise an undertaking as a packing centre to grade eggs, the Department must notify the applicant of the matters specified in paragraph (3) within 28 days.
(3) The matters are—
(a)the Department’s decision on the application;
(b)the reasons for any refusal to grant an authorisation; and
(c)in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 17 of these Regulations.
(4) Where the Department is not satisfied that an application should be granted, it may (instead of refusing the application) notify the applicant of the reason for this and—
(a)where the Department is not satisfied with the sufficiency of the data provided in support of the application, it may ask the applicant to provide further data;
(b)where the Department is not satisfied that the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 that are relevant to the type of packing centre to be authorised have been met, it may ask the applicant to comply with any outstanding requirement; and
(c)it may also give the applicant an opportunity to provide oral or written explanations to it in respect of the application.
(5) Where the Department decides to withdraw an authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, it must notify the person carrying on business at the packing centre (“the operator”) of the matters specified in paragraph (6) within 28 days.
(6) The matters are—
(a)the Department’s decision to withdraw the authorisation;
(b)the date on which the withdrawal of the authorisation is to take effect;
(c)the reasons for the withdrawal; and
(d)the right of appeal conferred by regulation 17 of these Regulations.
(7) Where the Department is minded to withdraw the authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, it may (instead of withdrawing the authorisation) notify the operator that it is minded to withdraw the authorisation, and the reasons for this, and—
(a)where the failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 is continuing, it may ask the operator to take steps to ensure that those requirements are met; and
(b)it may give the operator an opportunity to provide oral or written explanations to it in respect of the matter.
(8) Where the Department gives a notice to an applicant under paragraph (4), or to an operator under paragraph (7), the Department must specify a deadline in the notice by which any action specified in the notice must be taken.
(9) Any deadline given by the Department under this regulation may be extended on one or more occasions.
(10) Any notice given by the Department under this regulation must be in writing.
(11) For the purposes of calculating the 28-day time limit specified in paragraph (2), time does not run during any period that the Department gives to an applicant to take any action specified in a notice under paragraph (4).
8.—(1) The provision in the second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO Regulation (requiring class B eggs to be marked) shall not apply where class B eggs are to be marketed exclusively in the United Kingdom.
(2) The provision in the first sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation (requiring eggs sold by a producer to a final consumer in a local public market in the region of production to be marked in accordance with point III(1) of Part A of Annex XIV to the Council Regulation) does not apply in the case of a producer with up to 50 laying hens if the name and address of the producer are indicated at the point of sale.
9. For the purpose of point 1 of Annex II to Commission Regulation (EC) No. 589/2008 (setting down the minimum requirements that need to be met in order for eggs to be marketed as free-range eggs), livestock grazing is authorised on open-air runs to which laying hens have access.
10.—(1) By way of derogation from the provisions of point 1 of Annex II to Commission Regulation (EC) No. 589/2008, eggs to which paragraph (2) applies may be marketed as free-range eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
(2) This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
(3) The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1)—
(a)the second sentence of point 1(d);
(b)point 1(e);
(c)point 2;
(d)point 3(a)(i); and
(e)point 3(b)(i).
11.—(1) By way of derogation from the provisions of point 2 of Annex II to Commission Regulation (EC) No. 589/2008, eggs to which paragraph (2) applies may be marketed as barn eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
(2) This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
(3) The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1)—
(a)the second sentence of point 1(d);
(b)point 1(e);
(c)point 2;
(d)point 3(a)(i); and
(e)point 3(b)(i).
12.—(1) An authorised officer may direct any person to leave undisturbed, for so long as reasonably necessary for the purpose of any examination or investigation—
(a)eggs;
(b)eggs for hatching;
(c)packs or other containers for eggs, eggs for hatching or chicks;
(d)labels or documents relating to eggs, eggs for hatching or chicks; and
(e)any premises on or in which any eggs, eggs for hatching or chicks, any packs or other containers for eggs, eggs for hatching or chicks, and any labels or documents relating to such eggs or chicks are found.
(2) If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (1), an authorised officer may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.
(3) An authorised officer may direct any person to ensure that any—
(a)eggs;
(b)eggs for hatching;
(c)packs or other containers for eggs, eggs for hatching or chicks; or
(d)labels or documents relating to eggs, eggs for hatching or chicks,
which do not comply in any one or more respects with the requirements of any one or more of the provisions mentioned in Schedule 1 (as regards eggs for hatching and chicks) or 2 (as regards other eggs), comply with those requirements before being removed from any land, vehicle or trailer, except as may be otherwise directed in writing by an authorised officer.
(4) An authorised officer may seize any computer and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable and, in any event, within 28 days.
(5) Where an authorised officer exercises the power under paragraph (4), the officer must notify the person in charge of the premises from which the equipment is seized of the right of appeal conferred by regulation 17.
(6) Except as stated in paragraph (3), any direction given by an authorised officer under paragraph (1) or (3) can be given orally or in writing but any direction given orally must be confirmed in writing as soon as practicable and, in any event, within 24 hours.
(7) An authorised officer must not exercise the powers under paragraphs (1) to (4) except on the production, if so required, of a duly authenticated document showing the officer’s authority.
(8) A person is guilty of an offence if—
(a)without reasonable excuse, the person fails to comply with any requirement imposed on them by a direction given by an authorised officer under paragraph (1);
(b)unless authorised to do so, in writing, by an authorised officer, the person interferes with any packs or containers that have been secured by an authorised officer under paragraph (2); or
(c)without reasonable excuse, the person fails to comply with any requirement imposed on them by a direction given by an authorised officer under paragraph (3).
(9) In this regulation “premises” includes any place and any vehicle, trailer, stall or moveable structure.
13.—(1) The Department may direct any person carrying on any activity regulated by a provision mentioned in Schedule 1 or 2 to comply with any of the requirements specified in paragraph (2).
(2) The requirements are—
(a)to keep, or cause to be kept, such records as the Department may reasonably require for the purposes of enforcing any such provision;
(b)to provide the Department with such information derived from such records as the Department may require by the times specified in the notice; and
(c)to retain such records for such period as the Department may reasonably require.
(3) But the Department must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are normally kept in the course of a business by persons carrying on any activity regulated by a provision mentioned in Schedule 1 or 2 and—
(a)the direction will be given on or before 22 June 2009 and the Department reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with any provision mentioned in Schedule 1 or 2 since the coming into operation of these Regulations;
(b)the direction will be given on or before 22 June 2009, the person to whom the direction will be given has been convicted of an offence under regulation 3 or 6 of these Regulations and the Department reasonably suspects that, since the conviction, that person—
(i)has continued to contravene, or failed to comply with, the provision mentioned in Schedule 1 or 2 to which that person’s conviction relates; or
(ii)has contravened, or failed to comply with, some other provision mentioned in Schedule 1 or 2;
(c)the direction will be given on or after 23 June 2009 and the Department reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 1 or 2 within the six month period immediately before the direction is given; or
(d)the direction will be given on or after 23 June 2009, the person to whom the direction will be given has been convicted of an offence under regulation 3 or 6 of these Regulations within the six month period immediately before the giving of the direction, and the Department reasonably suspects that, since his conviction, that person —
(i)has continued to contravene, or failed to comply with, the provision mentioned in Schedule 1 or 2 to which that person’s conviction relates; or
(ii)has contravened, or failed to comply with, some other provision mentioned in Schedule 1 or 2.
(4) Any direction given by the Department under paragraph (1) must be in writing.
(5) A person is guilty of an offence if, without reasonable excuse, they fail to comply with any requirement imposed on them by a direction given by the Department under paragraph (1).
14.—(1) A person is guilty of an offence if—
(a)they intentionally obstruct an authorised officer acting in the execution of these Regulations;
(b)without reasonable excuse, they fail to give an authorised officer acting in the execution of these Regulations any assistance or information which that person may reasonably require of them for the performance of the authorised officer’s functions under these Regulations;
(c)they give to an authorised officer acting in the execution of these Regulations any information which they know, or ought reasonably to know, to be false or misleading; or
(d)without reasonable excuse, they fail to produce a record when required to do so by an authorised officer acting in the execution of these Regulations.
(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate them.
15.—(1) Each district council must—
(a)enforce the provisions mentioned in Schedule 2, as read with regulation 6, insofar as they apply to—
(i)the retail sale of eggs within their area; and
(ii)the sale of eggs to a mass caterer in their area;
(b)enforce the provisions of regulation 12(8)—
(i)in the case of a direction given by an authorised officer who is authorised by the district council; and
(ii)in the case of a pack or container secured by an authorised officer who is authorised by the district council; and
(c)enforce the provisions of regulation 14(1)(a) to (d) in the case of an obstruction of an authorised officer who is authorised by the district council.
(2) The Department may enforce the provisions mentioned in Schedule 2, as read with regulation 6, insofar as they apply to the retail sale of eggs or the sale of eggs to a mass caterer.
(3) The Department must—
(a)enforce the provisions mentioned in Schedule 1, as read with regulation 3;
(b)enforce the provisions mentioned in Schedule 2, as read with regulation 6, insofar as they do not apply to the retail sale of eggs or the sale of eggs to a mass caterer;
(c)enforce the provisions of regulation 12(8)—
(i)in the case of a direction given by an authorised officer who is authorised by the Department; and
(ii)in the case of a pack or container secured by an authorised officer who is authorised by the Department;
(d)enforce the provisions of regulation 13(5); and
(e)enforce the provisions of regulation 14(1)(a) to (d) in the case of an obstruction of an authorised officer who is authorised by the Department.
(4) In this regulation—
“retail sale” means any sale other than a sale for use or resale in the course of a trade or business; and
“sale” includes possession for sale and offer, exposure and advertising for sale.
16. Each enforcement authority must give such assistance and information to any other enforcement authority as that other authority may reasonably require for the purpose of their duties under these Regulations.
17.—(1) A person may, within 21 days of the notification of a decision to which this regulation applies, make written representations concerning the decision to a person appointed for this purpose by the Department.
(2) The appointed person shall consider the representations and report in writing to the Department.
(3) The Department shall give the person who made representations written notification of its final determination and the reasons for it.
(4) The procedure in this regulation applies to—
(a)a decision by the Department to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 2(1) of Commission Regulation (EC) No. 617/2008, or to withdraw such a registration;
(b)a decision by the Department to refuse to authorise an undertaking as a packing centre to grade eggs under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, or to withdraw such an authorisation; and
(c)a decision by an authorised officer to seize any computer or associated equipment under regulation 12(4).
(5) The decision to withdraw a registration or authorisation referred to in paragraph (4) shall not take effect until the time limit for making representations has expired, or, if such representations are made, until the final determination by the Department in accordance with paragraph (3).
18. A person guilty of an offence specified in regulation 3, 6, 12(8), 13(5) or 14(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
19.—(1) Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge.
(2) But no such proceedings shall be commenced by virtue of paragraph (1) more than three years after the commission of the offence.
(3) For the purposes of this regulation—
(a)a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in the prosecutor’s opinion to warrant the proceedings came to the prosecutor’s knowledge is conclusive evidence of that fact; and
(b)a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.
20.—(1) The following provisions of the Order shall apply for the purposes of these Regulations with the modifications specified in paragraph (2)—
Article 4 (presumptions that food intended for human consumption);
Article 19 (offences due to fault of another person);
Article 20 (defence of due diligence);
Article 29 (procurement of samples);
Article 30(8) (documentary evidence);
Article 33(18) (powers of entry);
Article 43 (protection of public analyst acting in good faith); and
Article 45 (expenses of authorised officers);
(2) The modifications are—
(a)construe any reference in the provisions specified in paragraph (1) to the Order (or a Part of the Order) as a reference to these Regulations, and also, in relation to Article 33(1)(a), construe the reference to “the provisions of this Order” as a reference to the provisions mentioned in Schedules 1 and 2;
(b)construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or district council, as a reference to an authorised officer as defined in regulation 2(1) of these Regulations;
(c)in relation to Article 19, construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);
(d)in relation to Article 20(2), replace the words “Article 13 or 14” with the words “these Regulations”;
(e)in relation to Article 29—
(i)in paragraph (b)(ii), construe the reference to Article 33 as including a reference to Article 33 as applied to these Regulations by paragraph (1); and
(ii)in paragraph (d), omit the words “or of regulations or orders made under it”;
(f)in relation to Article 30(8)(a), omit the words “under paragraph (6)”;
(g)in relation to Article 33—
(i)in paragraph (1)(a), omit the words “, or of regulations or orders made under it”;
(ii)in paragraph (5), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);
(iii)in paragraph (6), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;
(iv)in paragraph (7)(a), omit the words “or of regulations or orders made under it”; and
(v)in paragraph (8), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1).
21. Any written authority granted to any person to act in matters arising under or in relation to the Eggs (Marketing Standards) Regulations (Northern Ireland) 1995(19) or the Eggs and Chicks Regulations (Northern Ireland) 2008(20) has effect as if it referred to these Regulations.
22. The Eggs and Chicks Regulations (Northern Ireland) 2008 are revoked.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th November 2008.
L.S.
Dr. John Speers
A senior officer of the Department of Agriculture and Rural Development
Regulation 3
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of the Single CMO Regulation | Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1 | Subject matter | |
| Article 113(3) insofar as it relates to the marketing of eggs for hatching and chicks | Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008 | Prohibition on the marketing of eggs for hatching and of chicks except in accordance with the marketing standards laid down in Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008. | |
| Point II(1) of Part C of Annex XIV | Article 3(1) of Commission Regulation (EC) No. 617/2008 | Marking of eggs for hatching. | |
| Point II(2) of Part C of Annex XIV | Article 3(4) and (5) of Commission Regulation (EC) No. 617/2008 | Transportation and packing of eggs for hatching. | |
| Point II(3) of Part C of Annex XIV | Article 3(8) of Commission Regulation (EC) No. 617/2008 | Importation of packages of eggs for hatching from a third country. | |
| Point III(1) of Part C of Annex XIV | Article 4(1) of Commission Regulation (EC) No. 617/2008 | Packing of chicks by species, type and category of poultry. | |
| Point III(2) of Part C of Annex XIV | Article 4(2) of Commission Regulation (EC) No. 617/2008 | Content and marking of boxes of chicks. | |
| Point III(3) of Part C of Annex XIV | Article 4(1) and (3) of Commission Regulation (EC) No. 617/2008 | Importation of chicks from a third country. | |
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of Commission Regulation (EC) No. 617/2008 | Provisions to be read with the provisions of Commission Regulation (EC) No. 617/2008 mentioned in column 1 | Subject matter | |
| Article 2(1) | Registration of pedigree breeding establishments, breeding establishments and hatcheries. | ||
| Article 3(1) | Article 3(2) and (3) of Commission Regulation (EC) No. 617/2008 | Individual marking of eggs for hatching. | |
| Article 3(2) | Article 3(3) and (5) of Commission Regulation (EC) No. 617/2008 and regulation 5 | Marking of eggs for hatching at producer establishment. | |
| Article 3(4) | Article 3(5) and (6) of, and Annex II to Commission Regulation (EC) No. 617/2008 | Packing of eggs for hatching. | |
| Article 3(6) | Article 3(4) and (5) of Commission Regulation (EC) No. 617/2008 | Distinguishing number of producer establishment on packs and containers in which eggs for hatching are transported. | |
| Article 3(7) | Article 3(1), (2) and (3) of Commission Regulation (EC) No. 617/2008 and regulation 5 | Prohibition on transporting or trading eggs for hatching between Member States unless properly marked. | |
| Article 3(8) | Importation of eggs for hatching. | ||
| Article 4(1) | Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(2) of Commission Regulation (EC) No. 617/2008 | Packing of chicks by species, type and category of poultry. | |
| Article 4(2) | Point III(2) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No. 617/2008 | Content and minimum marking requirement for packs containing chicks. | |
| Article 4(3) | Point III(3) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No. 617/2008 | Importation of chicks from third countries, including content and minimum marking requirement for packs containing such chicks. | |
| Article 5(1) | Documentation that must accompany batches of eggs for hatching and chicks. | ||
| Article 5(2) | Article 5(1) of Commission Regulation (EC) No. 617/2008 | Special requirements as to information to be provided in the documentation that must accompany batches of eggs for hatching and chicks imported from a third country. | |
| Article 6 | Keeping of registers by hatcheries. | ||
| Article 7 | Restriction on the use of eggs withdrawn from an incubator. | ||
| Article 8(1) | Obligation on hatcheries to provide monthly reports. | ||
Regulation 6
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of the Single CMO Regulation | Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1 | Subject matter |
| Article 113(3) insofar as it relates to the marketing of eggs | Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 | Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 589/2008. |
| Point II(1) of Part A of Annex XIV | Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008 | Quality grading. |
| Point II(2) of Part A of Annex XIV | Article 4(1) of Commission Regulation (EC) No. 589/2008 | Weight grading of class A eggs. |
| Point II(3) of Part A of Annex XIV | Prohibition on the delivery of class B eggs except to the food and non-food industry. | |
| Point III(1) of Part A of Annex XIV, first sub-paragraph | Point III(3) of Part A of Annex XIV to the Single CMO Regulation and Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008 | Marking of class A eggs. |
| Point III(1) of Part A of Annex XIV, second sub-paragraph | Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008 and regulation 9(1) | Marking of class B eggs. |
| Point III(2) of Part A of Annex XIV | Point III(1) of Part A of Annex XIV to the Single CMO Regulation | Place at which eggs are marked. |
| Point III(3) of Part A of Annex XIV, first sub-paragraph | Point III(1) of Part A of Annex XIV and the second sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation and regulation 8(2) | Marking of eggs sold by the producer to the final consumer at a local public market. |
| Point IV(1) of Part A of Annex XIV, third sentence | Article 30(2) of Commission Regulation (EC) No. 589/2008 | Marking of eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found to offer sufficient guarantees as to equivalence with Community legislation. |
| Point IV(3) of Part A of Annex XIV | Article 30(2) of Commission Regulation (EC) No. 589/2008 | Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided. |
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Commission Regulation (EC) No. 589/2008 | Provisions to be read with the provisions of Commission Regulation (EC) No. 589/2008 mentioned in column 1 | Subject matter |
| Article 2(1) | Point II(1) of Part A of Annex XIV, first indent, to the Single CMO Regulation | Quality characteristics of class A eggs. |
| Article 2(2) | Article 3 of Commission Regulation (EC) No. 589/2008 | Prohibition on the washing and cleaning of class A eggs before or after grading. |
| Article 2(3) | Prohibition on the treatment of class A eggs for preservation and the chilling of eggs, in premises or plants where the temperature is artificially maintained at less than 5°C. | |
| Article 2(4) | Point II(1) of Part A of Annex XIV, second indent, to the Single CMO Regulation | Quality characteristics of class B eggs. |
| Article 4(1) | Point II(2) of Part A of Annex XIV to the Single CMO Regulation and Article 4(3) of Commission Regulation (EC) No. 589/2008 | Grading of class A eggs by weight. |
| Article 4(2) | Article 4(1) of Commission Regulation (EC) No. 589/2008 and Directive 2000/13/EC | Weight grading indications. |
| Article 4(3) | Article 4(1) of Commission Regulation (EC) No. 589/2008 | Minimum net weight in grams and the indication ‘eggs of different sizes’ or equivalent terms to be given on the outer surface of a pack of class A eggs of different sizes. |
| Article 5(1), first sub-paragraph | Grading and packing of eggs and the labelling of packs by packing centres. | |
| Article 5(3) | Packing centres to have the technical equipment necessary to ensure that eggs are handled properly. | |
| Article 6(1) | Eggs to be graded, marked and packed within 10 days of laying. | |
| Article 6(2) | Article 14 of Commission Regulation (EC) No. 589/2008 | Class A eggs marketed as ‘extra’ or ‘extra fresh’ eggs to be graded, marked and packed within four days of laying. |
| Article 6(3) | Articles 12(1)(d) and (13) of Commission Regulation (EC) No. 589/2008 and Article 9(2) of Directive 2000/13/EC | Packs to be marked with date of minimum durability at the time of packing. |
| Article 7(1), first sub-paragraph | Article 7(1), second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Producers to identify each transport packaging containing eggs with certain information. |
| Article 7(2), first sub-paragraph, first sentence | Article 7(1), and Article 7(2), second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Application of the information specified in Article 7(1) of Commission Regulation (EC) No. 589/2008 to each transport packaging containing eggs and the inclusion of that information in accompanying documents. |
| Article 7(2), first sub-paragraph, second sentence | Article 7(2), first sub-paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Intervening operators to keep a copy of the documents specified in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No. 589/2008. |
| Article 7(2), first sub-paragraph, third sentence | Article 7(2), first sub-paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Original documents referred to in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No. 589/2008 to be kept by the packing centre that grades the eggs to which the documents relate. |
| Article 7(3) | Article 7(1) of Commission Regulation (EC) No. 589/2008 | Prohibition on the modification or removal of the information referred to in Article 7(1) of Commission Regulation (EC) No. 589/2008 on the transport packaging of eggs until the removal of the eggs for immediate grading, marking and packing. |
| Article 8(1) | Article 8(2) of Commission Regulation (EC) No. 589/2008 | Eggs delivered from a production site to a collector, packing centre or non-food industry in another Member State to be marked with the producer code before leaving the production site, except where an exemption has been granted under Article 8(2) of Commission Regulation (EC) No. 589/2008. |
| Article 8(2), last sentence | A copy of the delivery contract to accompany a consignment of eggs for which an exemption has been granted under Article 8(2) of Commission Regulation (EC) No. 589/2008. | |
| Article 8(5) | Point III(1) of Part A of Annex XIV second sub-paragraph, of the Single CMO Regulation, and Article 10 of Commission Regulation (EC) No. 589/2008 | Marking of class B eggs for marketing in another Member State. |
| Article 9(1) | Point 2 of the Annex to Commission Directive 2002/4/EC(21) on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC | Producer code. |
| Article 10 | Point III(1) of Part A of Annex XIV, second sub-paragraph, to the Single CMO Regulation | Indications on class B eggs. |
| Article 12(1) | Marking of packs of class A eggs. | |
| Article 12(2), first and second sub-paragraphs | Article 12(1) and Part A of Annex I, and Annex II, to Commission Regulation (EC) No. 589/2008, Article 2 of Council Regulation (EEC) No. 2092/91(22) on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and regulations 9, 10 and 11 | Farming method to be shown on the outer surface of packs containing class A eggs. |
| Article 12(2), third sub-paragraph | Article 9(1) of Commission Regulation (EC) No. 589/2008 | Producer code to be explained on or inside packs. |
| Article 12(2), fourth sub-paragraph | Part B of Annex I to Commission Regulation (EC) No. 589/2008 and Chapter III of Council Directive 1999/74/EC | Use of an indication listed in Part B of Annex I to Commission Regulation (EC) No. 589/2008 (enriched cages). |
| Article 12(4) | Marking of packs of class B eggs. | |
| Article 13 | Article 3(1)(5) of Directive 2000/13/EC | Date of minimum durability. |
| Article 14(1) | Use of the words ‘extra’ and ‘extra fresh’ as an additional quality indication on packs containing class A eggs. | |
| Article 14(2) | Article 14(1) of Commission Regulation (EC) No. 589/2008 | Laying date and the nine-day time limit specified in Article 14(1) of Commission Regulation (EC) No. 589/2008 to be shown where the words ‘extra’ or ‘extra fresh’ are used as an additional quality indication on packs containing class A eggs. |
| Article 15 | Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed. | |
| Article 16 | Information to be given for loose egg sales. | |
| Article 17 | Quality of packs. | |
| Article 18 | Packaging containers in which industrial eggs are marketed. | |
| Article 19 | Repacking of class A eggs. | |
| Article 20(1) | Article 20(4) of Commission Regulation (EC) No. 589/2008 | Producer records on farming methods. |
| Article 20(2) | Articles 15 and 20(4) of Commission Regulation (EC) No. 589/2008 | Producer records on feed. |
| Article 20(3) | Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008 | Information recorded by producers under Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008 to be broken down by hen house where a producer uses different farming methods on a single production site. |
| Article 21(1) | Article 21(2) of Commission Regulation (EC) No. 589/2008 | Collector records on eggs collected and delivered by them. |
| Article 22(1), first sub-paragraph | Article 22(3) of Commission Regulation (EC) No. 589/2008 | Packing centre records. |
| Article 22(1), second sub-paragraph | Updating of packing centres physical stock records each week. | |
| Article 22(2) | Articles 15 and 22(1) and (3)of Commission Regulation (EC) No. 589/2008 | Packing centres to keep separate records where class A eggs and their packs bear an indication of how laying hens are fed. |
| Article 23 | Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 | Records and files referred to in Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 to be kept for at least 12 months from their date of creation. |
| Article 24(5) | Articles 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 | Records referred to in Articles 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 to be made available to the inspection services on first request. |
| Article 30(2) | Eggs imported from third countries to have been clearly and legibly marked in the country of origin in accordance with the ISO 3166 country code. | |
| Article 30(3) | Point IV(3) of Part A of Annex XIV to the Single CMO Regulation | Marking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided. |
(This note is not part of the Regulations)
These Regulations revoke and remake, with modifications, the Eggs and Chicks Regulations (Northern Ireland) 2008 (S.R. 2008 No. 98) following the adoption of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (O.J. No. L 299, 16.11.2007, p. 1) and two Commission Regulations adopted under that Regulation, Commission Regulation (EC) No. 617/2008 (O.J. No. L168, 28.6.2008, p. 5) and Commission Regulation (EC) No. 589/2008 (O.J. No. L163, 24.6.2008, p. 6).
The 2008 Regulations made provision for the enforcement of certain provisions of Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks (O.J. No. L 282, 1.11.1975, p. 100), Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75 (O.J. No. L 209, 17.8.1977, p. 1). Council Regulation (EC) No. 1028/2006 on marketing standards for eggs (O.J. No. L186, 7.7.2006, p. 1) and Commission Regulation (EC) No. 557/2007 introducing detailed rules for implementing Council Regulation (EC) No. 1028/2006 (O.J. No. L 132, 24.5.2007, p. 5).
Regulation (EEC) No. 2782/75 and Council Regulation (EC) No. 1028/2006 have been repealed by the Single CMO Regulation. Commission Regulation (EEC) No. 1868/77 has been repealed by Commission Regulation No. 617/2008 and Commission Regulation (EC) No. 557/2007 has been repealed by Commission Regulation (EC) No. 589/2008. As regards eggs for hatching and chicks and other eggs, the repealed EC Regulations have been replaced by certain provisions of the Single CMO Regulation, including those in Parts A and C of Annex XIV to the Regulation, and by Commission Regulations (EC) No. 617/2008 (eggs for hatching and chicks) and 589/2008 (other eggs).
These Regulations make provision for the enforcement of certain provisions of the Single CMO Regulation insofar as they relate to eggs for hatching and farmyard poultry chicks and other eggs, as from time to time amended, Commission Regulation (EC) No 617/2008, as from time to time amended, and Commission Regulation (EC) No 589/2008 as adopted on 23rd June 2008.
The Regulations include provisions—
(a)making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No 617/2008 mentioned in Schedule 1 an offence (regulation 3);
(b)relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 4);
(c)providing an exception from Article 3(2) of Commission Regulation (EC) No 617/2008 by allowing eggs for hatching to be marked in a different manner from that specified in that provision (regulation 5);
(d)making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No 589/2008 mentioned in Schedule 3 an offence (regulation 6);
(e)relating to the authorisation of packing centres to grade eggs (regulation 7);
(f)providing an exception from the provisions of points III(1) and (3) of Part A of Annex XIV to the Single CMO Regulation, as regards the marking of eggs for consumption (regulation 8);
(g)varying the minimum requirements for the marketing of eggs as free-range eggs by authorising livestock grazing on open-air runs for hens producing such eggs (regulation 9);
(h)providing an exception from the provisions of Commission Regulation (EC) No 589/2008, by allowing eggs to be marketed as free-range eggs although not all of the requirements laid down in that Regulation for free-range eggs are met (regulation 10);
(i)providing an exception from the provisions of Commission Regulation (EC) No 589/2008, by allowing eggs to be marketed as barn eggs although not all of the requirements laid down in that Regulation for barn eggs are met (regulation 11);
(j)providing a right of appeal against certain decisions of the Department and authorised officers (regulation 17);
(k)imposing a penalty for offences under the Regulations (regulation 18).
Similar provisions were included in the 2008 Regulations by reference to the provisions in the now revoked EC Regulations and these Regulations contain updated references to the equivalent provisions of the Single CMO Regulation and the two new Commission Regulations.
A Regulatory Impact Assessment has not been prepared for these Regulations as they have no impact on business.
O.J. No. L 299, 16.11.2007, p. 1, last amended by Council Regulation (EC) No. 510/2008 (O.J. No. L 149, 7.6.2008, p. 61)
O.J. No. L 168, 28.6.2008, p. 5
S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12)
Article 47(3A) was inserted by paragraphs 26 and 40 of Schedule 5 to the Food Standards Act 1999 (c. 28)
O.J. No. L 31, 1.2.2002, p. 1, last amended by Commission Regulation (EC) No. 202/2008 (O.J. No. L 60, 5.3.2008, p.17)
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51)
Article 15(1) was amended by paragraphs 26 and 27 of Schedule 5 to the Food Standards Act 1999
Article 16 was amended by paragraphs 26 and 27 of Schedule 5 to the Food Standards Act 1999
Article 25 was amended by Schedule 6 to the Food Standards Act 1999
Article 26(3) was amended by paragraphs 26, 33(1) and (5) of Schedule 5 to the Food Standards Act 1999
Article 47(2) was amended by paragraphs 26 and 27 of Schedule 5 to the Food Standards Act 1999
O.J. No. L 163, 24.6.2008, p. 6
O.J. No. L 203, 3.8.1999, p. 53, last amended by Council Regulation (EC) No. 806/2003 (O.J. No. L 122, 16.5.2003, p. 1)
O.J. No. L 109, 6.5.2000, p. 29, last amended by Commission Directive 2007/68/EC (O.J. No. L 310, 28.11.2007, p. 11)
Article 33 was amended by paragraph 19 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16)
S.R. 1995 No. 382 as amended by S.R. 1997 No. 108, S.R. 1997 No. 451, S.R. 1998 No. 269 and S.R. 2006 No. 287
O.J. No. L 30, 31.1.2002, p. 44, last amended by Commission Directive 2006/83/EC (O.J. No. L 362, 20.12.2006, p. 97)
O.J. No. L 198, 22.7.1991, p. 1, last amended by Commission Regulation 404/2008 (O.J. No. L 120, 7.5.2008, p. 8)