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The Eggs and Chicks (Wales) Regulations 2010

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PART 2 F1F2F3F4F5F6F7F8F9F10F11F12F13F14F15E+WEggs for hatching and chicks

F1S.I. 2005/2766. By virtue of sections 59 and 162 and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32), functions conferred upon the National Assembly for Wales by this designation are now vested in the Welsh Ministers.

F3OJ No L 299, 16.11.2007, p. 1, last amended by Commission Regulation (EC) No 1140/2009 (OJ No L 312, 27.112009, p. 4).

F4OJ No L 163, 24.6.2008, p. 6, last amended by Commission Regulation (EC) No 598/2008 (OJ No L 164, 25.6.2008, p. 14).

F5OJ No L 168, 28.6.2008, p. 5.

F7Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

F8OJ No L 31, 1.2.2002, p. 1, last amended by Commission Regulation (EC) No 202/2008 (OJ No L 60, 5.3.2008, p. 17).

F9Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

F10Section 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.

F11Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

F12Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.

F13Section 26(2) was amended by paragraph 13 of Schedule 8, and Part 1 of Schedule 23, to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.

F14Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

F15Functions 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 Food Standards Act 1999, and then transferred to the Welsh Ministers by section 162 of and paragraph 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32).

Application of this PartE+W

4.—(1) This Part applies to eggs for hatching and chicks to which point I(1) of Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008 apply.

(2) But it does not apply to establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation.

Compliance with Community provisionsE+W

5.  A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 1.

Registration of pedigree breeding establishments, breeding establishments and hatcheriesE+W

6.—(1) The Welsh Ministers are designated as the competent agency for the purpose of Article 2(1) of Commission Regulation (EC) No 617/2008 (registration of pedigree breeding establishments, other breeding establishments and hatcheries).

(2) Where an application is made to the Welsh Ministers pursuant to Article 2(1) of Commission Regulation (EC) No 617/2008, the Welsh Ministers must give a notice to the applicant notifying them of the matters mentioned in paragraph (3) within a period of 28 days, beginning with the day after the day on which the Welsh Ministers receive the application.

(3) The matters are—

(a)the Welsh Ministers' decision on the application;

(b)the reasons for any refusal to grant the application; and

(c)in the case of any refusal to grant the application, the right of appeal conferred by regulation 23 of these Regulations.

(4) Where the Welsh Ministers are not satisfied that an application should be granted, they may (before making a final decision about whether or not to refuse the application) give a notice to the applicant notifying them of the reason for this, and—

(a)where the Welsh Ministers are not satisfied with the sufficiency of the data provided in support of the application, the Welsh Ministers may ask the applicant to provide further data;

(b)where the Welsh Ministers are not satisfied that all of the provisions mentioned in Schedule 1 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, the Welsh Ministers may ask the applicant to take specified steps to ensure that those provisions will be complied with; and

(c)the Welsh Ministers may give the applicant an opportunity to provide oral or written explanations to them in respect of the application.

(5) Where the Welsh Ministers decide to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, they must give a notice to the person carrying on business at the establishment concerned (“P”) notifying them of the matters mentioned in paragraph (6).

(6) The matters are—

(a)the Welsh Ministers' decision to withdraw the registration;

(b)the date on which the withdrawal of the registration is to take effect;

(c)the reasons for the withdrawal; and

(d)the right of appeal conferred by regulation 23 of these Regulations.

(7) Where the Welsh Ministers are minded to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, the Welsh Ministers may (before making a final decision about whether or not to withdraw the registration) give a notice to P notifying them that the Welsh Ministers are minded to withdraw the registration, and the reasons for this, and—

(a)where the contravention of, or failure to comply with, any provision mentioned in Schedule 1 is continuing, the Welsh Ministers may ask P to take specified steps to ensure that that provision is complied with; and

(b)the Welsh Ministers may give P an opportunity to provide oral or written explanations to the Welsh Ministers in respect of the matter.

(8) Where the Welsh Ministers give a notice to an applicant under paragraph (4), or to P under paragraph (7), they must specify a deadline in the notice by which any action mentioned in the notice must be taken.

(9) Any deadline given by the Welsh Ministers under this regulation may be extended on one or more occasions.

(10) For the purposes of calculating the 28-day time limit mentioned in paragraph (2), time does not run during any period that the Welsh Ministers give to an applicant to take any action mentioned in a notice under paragraph (4).

Derogation relating to the marking of eggs for hatchingE+W

7.—(1) Eggs for hatching may be marked with any abstract black mark, except for a spot, instead of being marked with the distinguishing number of the producer establishment (as otherwise required by Article 3(2) of Commission Regulation (EC) No 617/2008) if the conditions mentioned in paragraph (2) are complied with.

(2) The conditions are that—

(a)the mark is indelible, clearly visible and at least 10 mm2 in area: and

(b)the marking of the eggs is carried out prior to insertion into the incubator, either at the producer establishment or at a hatchery.

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