The Eggs and Chicks (Scotland) Amendment Regulations 2010

PART 3 Amendments relevant to the 1996 Regulations

18.  Regulation 22(1) (saving and transitional provisions) and paragraph 2(b) of Schedule 3 (Food Labelling Regulations 1996 amendment) to the principal Regulations are revoked.

19.  In the 1996 Regulations, in regulation 45 (enforcement)—

(a) for paragraph (1) substitute—

“(1) Subject to paragraphs (2) and (2A) of this regulation, each food authority shall enforce and execute these Regulations in its area.”; and

(b) for paragraphs (2A) and (2B) substitute—

“(2A) The Scottish Ministers—

(a) may in relation to hen eggs for retail sale or sale to a mass caterer and to which Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products and Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs apply, enforce and execute the provisions of these Regulations which relate to the particulars listed at points (1), (4) and (7) of Article 3(1) of Directive 2000/13/EC(1); and

(b) must in relation to hen eggs not for retail sale or sale to a mass caterer and to which Council Regulation (EC) No. 1234/2007 and Commission Regulation (EC) No. 589/2008 apply, enforce and execute the provisions of these Regulations which relate to the particulars listed at points (1), (4) and (7) of Article 3(1) of Directive 2000/13/EC.

(2B) In this regulation—

“mass caterer” means any of the entities referred to in Article 1(2) of Directive 2000/13/EC, as amended from time to time;

“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 advertisement for sale.”.

(1)

O.J. L 109, 6.5.2000, p.29, to which there are no amendments relevant to Article 3(1).