The Eggs and Chicks (England) Regulations 2007

Statutory Instruments

2007 No. 2245

FOOD, ENGLAND

The Eggs and Chicks (England) Regulations 2007

Made

26th July 2007

Laid before Parliament

1st August 2007

Coming into force

22nd August 2007

The Secretary of State(1) is a Minister designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) 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 Secretary of State that it is expedient for the reference to Commission Regulation (EEC) No. 1868/77(4) laying down detailed rules of application for Regulation (EEC) No. 2782/75(5) of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks, Council Regulation (EC) No. 1028/2006(6) on certain marketing standards for eggs and Commission Regulation (EC) No. 557/2007(7) laying down detailed rules for implementing Council Regulation (EC) No. 1028/2006, to be construed as a reference to those Regulations as amended from time to time.

Insofar as these Regulations are made in exercise of powers under the Food Safety Act 1990(8), the Secretary of State has had regard to relevant advice given by the Food Standards Agency as required by section 48(4A)(9) of that Act.

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(10) 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 Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A(11) of Schedule 2 to, the European Communities Act 1972; and sections 6(4)(12), 16(1)(13), 17(14), 26(2) and (3)(15) and 48(1)(16) of the Food Safety Act 1990 and now vested in the Secretary of State(17).

(1)

The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

S.I. 1972/1811.

(3)

1972 c.68.

(4)

OJ No. L 209, 17.8.1977, p. 1, last amended by Commission Regulation (EC) No. 1792/2006 (OJ No. L 362, 20.12.2006, p. 1).

(5)

OJ No. L 282, 1.11.1975, p. 100, last amended by Council Regulation (EC) No. 1791/2006 (OJ No. L 363, 20.12.2006, p. 1).

(6)

OJ No. L 186, 7.7.2006, p. 1.

(7)

OJ No. L 132, 24.5.2007, p.5.

(8)

1990 c.16.

(9)

Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c.28).

(10)

OJ No. L 31, 1.2.2002, p. 1, last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L 100, 8.4.2006, p. 3).

(11)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

(12)

Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c.40), paragraphs 7, 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999, and Schedule 2 to S.I. 2002/794.

(13)

Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

(14)

Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.

(15)

Section 26 was amended by Schedule 6 to the Food Standards Act 1999.

(16)

Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

(17)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999. Functions of “the Ministers”, so far as exercisable in relation to Wales, are now exercisable by the Welsh Ministers, having been transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the 1999 Act, and then transferred to the Welsh Ministers by paragraph 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c.32). The functions of “the Ministers”, so far as exercisable in relation to Scotland, are now exercisable by the Scottish Ministers. These functions were transferred to them, so far as within devolved competence, by section 53 of the Scotland Act 1998 (1998 c.46), as read with section 40(2) of the 1999 Act, and, so far as not transferred to them by those provisions, by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).