The Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations which apply to Scotland, revoke and replace the Eggs (Marketing Standards) Regulations 1995 (as amended). They make provision for the enforcement and execution of certain specified Community provisions (defined in regulation 2) which relate to marketing standards for shell eggs and to the production and marketing of eggs for hatching and of farmyard poultry chicks. The specified Community provisions are detailed in Schedule 1 to the Regulations.

The principal changes are the inclusion of provisions which–

(a) authorise livestock grazing on open air runs in certain cases (regulation 6);

(b) authorise the production of free range and barn eggs in establishments not complying with the obligations referred to in the second sentence of point 1(d) and point 1(e) of Article 4 of Council Directive 1999/74/EC as amended in the case of free range hens and points 2 and 3(a)(i) and 3(b)(i) of Article 4(1) of that Directive;

(c) permit the marking of eggs for hatching in a different manner to that specified in Article 2(1) of Commission Regulation 1868/77, for the purpose of Article 2(2) of that Regulation (regulation 8);

(d) require the Scottish Ministers to act as the registration authority for the purposes of Article 3 of Council Regulation (EEC) No. 2782/75 (regulation 9); and

(e) provide a right of appeal against certain decisions of the Scottish Ministers (regulation 13).

The Regulations continue to include provisions which:–

(a) implement the public health conditions laid down by Council Decision 94/371/EC (regulation 3);

(b) designate the authorities who are to enforce the specified Community provisions (regulation 4);

(c) enable an authorised officer of an enforcement authority to impose requirements relating to specified Community provisions (regulation 5);

(d) enable an enforcement authority to require records to be kept (regulation 10); and

(e) create offences and prescribe penalties (regulation 11).

These Regulations come into force on 1st July 2005.

A Regulatory Impact Assessment of the effect which this instrument will have on the costs of business has been prepared and placed in the Scottish Parliament Reference Centre.