The Eggs and Chicks Regulations (Northern Ireland) 2008

PART 1 Introduction

Citation, commencement and application

1.—(1) These Regulations may be cited as the Eggs and Chicks Regulations (Northern Ireland) 2008 and shall come into operation on 14^th April 2008.

(2) These Regulations apply—

(a) to eggs for hatching and chicks to which Council Regulation (EEC) No. 2782/75 and Commission Regulation (EEC) No. 1868/77 apply; and

(b) to eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply (eggs in shell produced for consumption by hens of the species Gallus gallus).

(3) But they do not apply—

(a) to the sale of eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 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

(b) except insofar as they relate to the requirement imposed by Article 4(3) of Council Regulation (EC) No. 1028/2006 to mark eggs in accordance with Article 4(1) of that Regulation, to the sale of eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 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)(a)(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.

Interpretation

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 Council Regulation (EEC) No. 2782/75;

“chicks” has the meaning given by Article 1(2) of Council Regulation (EEC) No. 2782/75(1);

“Commission Regulation (EEC) No. 1868/77” means Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75, as amended from time to time;

“Commission Regulation (EC) No. 557/2007” means Commission Regulation (EC) No. 557/2007 introducing detailed rules for implementing Council Regulation (EC) No. 1028/2006, as amended from time to time;

“Council Directive 1999/74/EC” means Council Directive 1999/74/EC(2) laying down minimum standards for the protection of laying hens;

“Council Regulation (EEC) No. 2782/75” means Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks;

“Council Regulation (EC) No. 1028/2006” means Council Regulation (EC) No. 1028/2006 on marketing standards for eggs, as amended from time to time;

“Directive 2000/13/EC” means Directive 2000/13/EC(3) 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 Article 2(1) of Council Regulation (EC) No. 1028/2006;

“eggs for hatching” has the meaning given by Article 1(1) of Council Regulation (EEC) No. 2782/75(4);

“enforcement authority” means an authority exercising a function conferred on it by regulation 15;

“final consumer” has the meaning given by Article 2(8) of Council Regulation (EC) No. 1028/2006;

“hatchery” has the meaning given by Article 1(3)(c) of Council Regulation (EEC) No. 2782/75;

“packing centre” has the meaning given by Article 2(7) of Council Regulation (EC) No. 1028/2006;

“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Council Regulation (EEC) No. 2782/75;

“production site” has the meaning given by Article 2(6) of Council Regulation (EC) No. 1028/2006;

“the Department” means the Department of Agriculture and Rural Development;

“the Order” means the Food Safety (Northern Ireland) Order 1991.

(2) The Interpretation Act (Northern Ireland) 1954(5) 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 2 to, these Regulations, and in Council Regulation (EEC) No. 2782/75, has the same meaning in those provisions of these Regulations as it does in the Council Regulation.

(4) Any expression which is not defined in paragraph (1), but is used in regulation 4(2) or Part 3 of, or Schedule 3 to, these Regulations and in Council Regulation (EC) No. 1028/2006 or Commission Regulation (EEC) No. 557/2007, has the same meaning in those provisions of these Regulations as it does in the Council or Commission Regulation in which it is used.

(5) Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 2 shall mean a contravention of or failure to comply with—

(a) any provision of Council Regulation (EEC) No. 2782/75 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 (EEC) No. 1868/77 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.

(6) Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 3 means a contravention of or failure to comply with—

(a) any provision of Council Regulation (EC) No. 1028/2006 mentioned in column 1 of Part 1 of Schedule 3, 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. 557/2007 mentioned in column 1 of Part 2 of Schedule 3, as read with any provision mentioned in any corresponding entry in column 2 of that Part.

(1)

O.J. No. L 282, 1.11.1975, p. 100. Article 1(2) of Council Regulation (EEC) No. 2782/75 was amended by Commission Regulation (EEC) No. 3987/87 (O.J. No. L 376, 31.12.1987, p. 20)

(2)

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)

(3)

O.J. No. L 109, 6.5.2000, p. 29, last amended by Commission Directive 2006/142/EC (O.J. No. L 368, 23.12.2006, p. 110)

(4)

Article 1(1) of Council Regulation (EEC) No. 2782/75 was amended by Commission Regulation (EEC) No. 3987/87 (O.J. No. L 376, 31.12.1987, p. 20)

(5)

1954 c. 33 (N.I.)