12.—(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.
(2) This paragraph applies to eggs that have—
(a)been produced in a system of production that does not comply with any one or more of the conditions mentioned in paragraph (3); and
(b)been produced in an establishment—
(i)with fewer than 350 laying hens at the time the eggs are produced;
(ii)rearing breeding laying hens at the time that the eggs are produced; or
(iii)rearing breeding laying hens and with fewer than 350 laying hens at that time.
(3) The conditions are the conditions in the following provisions of Article 4(1) of Council Directive 1999/74/EC—
(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).
(4) It is for a person seeking to rely on paragraph (1) in order to market eggs as free-range eggs to prove that the eggs are eggs to which paragraph (2) applies.