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The Eggs and Chicks (Wales) Regulations 2010

Changes over time for: The Eggs and Chicks (Wales) Regulations 2010 (Schedules only)

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F16S.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.

F18OJ 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).

F19OJ 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).

F20OJ No L 168, 28.6.2008, p. 5.

F22Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

F23OJ 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).

F24Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

F25Section 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.

F26Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

F27Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.

F28Section 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 Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.

F29Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

F30Functions 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).

Regulation 5

SCHEDULE 1E+WCOMMUNITY PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE

PART 1 E+WPROVISIONS OF THE SINGLE CMO REGULATION [F1or Regulation (EU) 2013]

Column 1Column 2Column 3
Relevant provision of the Single CMO Regulation [F2or Regulation (EU) 2013]Provisions to be read with the provisions of the Single CMO Regulation [F2or Regulation (EU) 2013] mentioned in column 1Subject matter
[F3Article 74 of Regulation (EU) 2013], insofar as it relates to the marketing of eggs for hatching and chicksArticle 116 of, and Part C of Annex XIV to, the Single CMO Regulation and Commission Regulation (EC) No 617/2008Prohibition on the marketing of eggs for hatching and of chicks except in accordance with the marketing standards laid down in Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008.
Point II(1) of Part C of Annex XIV [F4to the Single CMO Regulation]Article 3(1) of Commission Regulation (EC) No 617/2008Marking of eggs for hatching.
Point II(2) of Part C of Annex XIV [F4to the Single CMO Regulation]Article 3(4) and (5) of Commission Regulation (EC) No 617/2008Transportation and packing of eggs for hatching.
Point II(3) of Part C of Annex XIV [F4to the Single CMO Regulation]Article 3(8) of Commission Regulation (EC) No 617/2008Importation of packages of eggs for hatching from a third country.
Point III(1) of Part C of Annex XIV [F4to the Single CMO Regulation]Article 4(1) of Commission Regulation (EC) No 617/2008Packing of chicks by species, type and category of poultry.
Point III(2) of Part C of Annex XIV [F4to the Single CMO Regulation]Article 4(2) of Commission Regulation (EC) No 617/2008Content and marking of boxes of chicks.
Point III(3) of Part C of Annex XIV [F4to the Single CMO Regulation]Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) and (3) of Commission Regulation (EC) No 617/2008Importation of chicks from a third country.

PART 2 E+WPROVISIONS OF COMMISSION REGULATION (EC) NO 617/2008

Column 1Column 2Column 3
Relevant provision of Commission Regulation (EC) No 617/2008Provisions to be read with the provisions of Commission Regulation (EC) No 617/2008 mentioned in column 1Subject matter
Article 2(1)Registration of pedigree breeding establishments, breeding establishments and hatcheries.
Article 3(1)Article 3(2) and (3) of Commission Regulation (EC) No 617/2008Individual marking of eggs for hatching.
Article 3(2)Article 3(3) and (5) of Commission Regulation (EC) No 617/2008 and regulation 7Marking of eggs for hatching at producer establishment.
Article 3(4)Article 3(5) and (6) of, and Annex II to, Commission Regulation (EC) No 617/2008Transport of eggs for hatching: packing requirements.
Article 3(6)Article 3(4) and (5) of Commission Regulation (EC) No 617/2008Distinguishing number of producer establishment on packs and containers in which eggs for hatching are transported.
Article 3(7)Article 3(1), (2) and (3) of Commission Regulation (EC) No 617/2008 and regulation 7Prohibition on transporting or trading eggs for hatching between Member States unless properly marked.
Article 3(8)Marking and packages of imported eggs for hatching.
Article 4(1)Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(2) of Commission Regulation (EC) No 617/2008Packing of chicks by species, type and category of poultry.
Article 4(2)Point III(2) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No 617/2008Content and minimum marking requirement for packs containing chicks.
Article 4(3)Point III(3) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No 617/2008Importation of chicks from third countries, including content and minimum marking requirement for packs containing such chicks.
Article 5(1)Documentation that must accompany batches of eggs for hatching and chicks.
Article 5(2)Article 5(1) of Commission Regulation (EC) No 617/2008Special requirements as to information to be provided in the documentation that must accompany batches of eggs for hatching and chicks imported from a third country.
Article 6Keeping of registers by hatcheries.
Article 7Sub-paragraph (h) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008Restriction on the use of eggs withdrawn from an incubator.
Article 8(1)Obligation on hatcheries to provide monthly reports.

Regulation 9

SCHEDULE 2E+WGENERAL COMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

[F5 PART 1 E+WPROVISIONS OF REGULATION (EU) 2013

Column 1Column 2Column 3
Relevant provision of Regulation (EU) 2013Provisions to be read with the provisions of Regulation (EU) 2013 mentioned in column 1Subject matter
Article 74 insofar as it relates to the marketing of eggsPart VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No. 589/2008Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No. 589/2008.
Point II(1) of Part VI of Annex VIIArticle 2(1) and (4) of Commission Regulation (EC) No. 589/2008Quality grading of eggs as Class A (or fresh) or Class B eggs.
Point II(2) of Part VI of Annex VIIArticle 4(1) of Commission Regulation (EC) No. 589/2008Weight grading of Class A eggs.
Point II(3) of Part VI of Annex VIIProhibition on the delivery of Class B eggs except to the food and non-food industry.
Point III(1) of Part VI of Annex VII, first sub-paragraphArticles 9(1) and 11 of Commission Regulation (EC) No. 589/2008Marking of Class A eggs.
Point III(1) of Part VI of Annex VII, second sub-paragraphArticles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008, paragraphs (a) and (b) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 11(1)Marking of Class B eggs.
Point III(2) of Part VI of Annex VIIPoint III(1) of Part VI of Annex VII to Regulation (EU) 2013Place at which eggs are marked.
Point III(3) of Part VI of Annex VII, first sub-paragraphPoint III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Regulation (EU) 2013 and regulation 11(2)Marking of eggs sold by a producer to the final consumer at a local public market.
Articles 75(2) and (3) F6...Article 30(2) of Commission Regulation (EC) No. 589/2008Marking of eggs imported from a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation
Articles 75(2) and (3) F6...Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.]

PART 2 E+WPROVISIONS OF COMMISSION REGULATION (EC) NO 589/2008

Column 1Column 2Column 3
Relevant provision of Commission Regulation (EC) No 589/2008Provisions to be read with the provisions of Commission Regulation (EC) No 589/2008 mentioned in column 1Subject matter
Article 2(1)The first indent of [F7point II(1) of Part VI of Annex VII to Regulation (EU) 2013], paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 and regulation 16 as read with the Schedule 3 entry relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003Quality characteristics of Class A eggs and cases in which eggs meeting those quality characteristics must be categorised as Class B eggs.
Article 2(2)Article 3 of Commission Regulation (EC) No 589/2008Prohibition on the washing and cleaning of Class A eggs before or after grading.
Article 2(3)Prohibition on the treatment of Class A eggs for preservation, and the chilling of eggs, in premises or plants where the temperature is artificially maintained at less than 5°C.
Article 2(4)The second indent of [F7point II(1) of Part VI of Annex VII to Regulation (EU) 2013], paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 and regulation 16 as read with the Schedule 3 entry relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003Quality characteristics of Class B eggs and cases in which eggs meeting the quality characteristics for Class A eggs must be categorised as Class B eggs.
Article 4(1) [F8Point II(2) of Part VI of Annex VII to Regulation (EU) 2013] and Article 4(3) of Commission Regulation (EC) No 589/2008Grading of Class A eggs by weight.
Article 4(2)Article 4(1) of Commission Regulation (EC) No 589/2008 and [F9Regulation (EU) No 1169/2011]Weight grading indications.
Article 4(3)Article 4(1) of Commission Regulation (EC) No 589/2008Minimum net weight in grams and the indication “eggs of different sizes” or equivalent terms to be given on the outer surface of a pack of Class A eggs of different sizes.
Article 5(1), first sub-paragraphGrading and packing of eggs and the labelling of packs by packing centres.
Article 5(3)Packing centres to have the technical equipment necessary to ensure that eggs are handled properly.
Article 6(1)Eggs to be graded, marked and packed within 10 days of laying.
Article 6(2)Article 14 of Commission Regulation (EC) No 589/2008Class A eggs marketed as “extra” or “extra fresh” eggs to be graded, marked and packed within four days of laying.
Article 6(3)Articles 12(1)(d) and 13 of Commission Regulation (EC) No 589/2008 and [F10point 1(a) of Annex X to Regulation (EU) No 1169/2011]Packs to be marked with date of minimum durability at the time of packing.
Article 7(1), first sub-paragraphThe second sub-paragraph of Article 7(1) of Commission Regulation (EC) No 589/2008Producers to identify each transport packaging containing eggs with certain information.
Article 7(2), first sub-paragraph, first sentenceArticle 7(1) and second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008Application of the information specified in Article 7(1) of Commission Regulation (EC) No 589/2008 to each transport packaging containing eggs and the inclusion of that information in accompanying documents.
Article 7(2), first sub-paragraph, second sentenceThe first sentence of the first sub-paragraph and the second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008Intervening operators to keep a copy of the documents specified in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008.
Article 7(2), first sub-paragraph, third sentenceThe first sentence of the first sub-paragraph and second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008Original documents referred to in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008 to be kept by the packing centre that grades the eggs to which the documents relate.
Article 7(3)Article 7(1) of Commission Regulation (EC) No 589/2008Prohibition on the modification or removal of the information referred to in Article 7(1) of Commission Regulation (EC) No 589/2008 on the transport packaging of eggs until the removal of the eggs for immediate grading, marking, packing or further processing.
Article 8(1)Article 8(2) of Commission Regulation (EC) No 589/2008Eggs being delivered from a production site to a collector, packing centre or non-food industry in another Member State to be marked with the producer code before leaving the production site, except where an exemption has been granted under Article 8(2) of Commission Regulation (EC) No 589/2008.
Article 8(2), last sentenceA copy of the delivery contract to accompany a consignment of eggs for which an exemption has been granted under Article 8(2) of Commission Regulation (EC) No 589/2008.
Article 8(5)The second sub-paragraph of [F11point III(2) of Part VI of Annex VII to Regulation (EU) 2013] and Article 10 of Commission Regulation (EC) No 589/2008Marking of Class B eggs for marketing in another Member State.
Article 9(1)Point 2 of the Annex to Commission Directive 2002/4/EC F12 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/ECProducer code.
Article 10The second sub-paragraph of [F11point III(2) of Part VI of Annex VII to Regulation (EU) 2013]Indications on Class B eggs.
Article 12(1)Marking of packs of Class A eggs.
Article 12(2), first and second sub-paragraphsArticle 12(1) of, and Part A of Annex I, and Annex II, to Commission Regulation (EC) No 589/2008, [F13Article 23(1) of Regulation (EU) 834/2007 on organic production and labelling of organic products], and regulations 12, 13 and 14Farming method to be shown on the outer surface of packs containing Class A eggs.
Article 12(2), third sub-paragraphArticle 9(1) of Commission Regulation (EC) No 589/2008Producer code to be explained on or inside packs.
Article 12(2), fourth sub-paragraphPart B of Annex I to Commission Regulation (EC) No 589/2008 and Chapter III of Council Directive 1999/74/ECUse of an indication listed in Part B of Annex I to Commission Regulation (EC) No 589/2008 (enriched cages).
Article 12(4)Marking of packs of Class B eggs.
Article 13 [F14Article 9(1)(f) of Regulation (EU) No 1169/2011]Date of minimum durability.
Article 14(1)Use of the words “extra” and “extra fresh” as an additional quality indication on packs containing Class A eggs.
Article 14(2)Article 14(1) of Commission Regulation (EC) No 589/2008Laying date and the nine-day time limit specified in Article 14(1) of Commission Regulation (EC) No 589/2008 to be shown where the words “extra” or “extra fresh” are used as an additional quality indication on packs containing Class A eggs.
Article 15Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed.
Article 16Information to be given for loose egg sales.
Article 17Quality of packs.
Article 18Packaging containers in which industrial eggs are marketed.
Article 19Repacking of Class A eggs.
Article 20(1)Article 20(4) of Commission Regulation (EC) No 589/2008Producer records on farming methods.
Article 20(2)Articles 15 and 20(4) of Commission Regulation (EC) No 589/2008Producer records on feeding method.
Article 20(3)Article 20(1) and (2) of Commission Regulation (EC) No 589/2008Information recorded by producers under Article 20(1) and (2) of Commission Regulation (EC) No 589/2008 to be broken down by hen house where a producer uses different farming methods on a single production site.
Article 21(1)Article 21(2) of Commission Regulation (EC) No 589/2008Collector records on eggs collected and delivered by them.
Article 22(1), first sub-paragraphArticle 22(3) of Commission Regulation (EC) No 589/2008Packing centre records.
Article 22(1), second sub-paragraphUpdating of packing centres physical stock records each week.
Article 22(2)Articles 15 and 22(1) of Commission Regulation (EC) No 589/2008Packing centres to keep separate records where Class A eggs and their packs bear an indication of how laying hens are fed.
Article 23Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No 589/2008Records and files referred to in Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No 589/2008 to be kept for at least 12 months from their date of creation.
Article 24(5)Articles 20, 21 and 22 of Commission Regulation (EC) No 589/2008Records referred to in Articles 20, 21 and 22 of Commission Regulation (EC) No 589/2008 to be made available to the inspection services on first request.
Article 30(2)Eggs imported from third countries to have been clearly and legibly marked in the country of origin in accordance with the ISO 3166 country code.
Article 30(3)F15... to the Single CMO RegulationMarking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided.

F12OJ No L 30, 31.1.2002, p 44, last amended by Commission Directive 2006/83/EC (OJ No L 362, 20.12.2006, p. 97).

Regulation 16

SCHEDULE 3E+WCOMMUNITY SALMONELLA RELATED CONTROLS ON EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

Column 1Column 2Column 3
Relevant provision of Regulation (EC) No 2160/2003Provisions to be read with the provisions of Regulation (EC) No 2160/2003 mentioned in column 1Subject matter
Point 1 of Part D of Annex IIArticle 1(3) of Regulation (EC) No 2160/2003Prohibition on the use of eggs for direct human consumption as table eggs unless they originate from a commercial flock of laying hens subject to a national control programme and are not under official restriction.
Point 2, first sub-paragraph, of Part D of Annex IIPoint 4 of Part D of Annex II to Regulation (EC) No 2160/2003Prohibition on the use of certain zoonosis status eggs for human consumption unless treated, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (a), of Part D of Annex IIArticle 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003, the provisions of Articles 113(3) and 116 of, and Part A of Annex XIV to, the Single CMO Regulation, and Commission Regulation (EC) No 589/2008, insofar as they relate to Class B eggsTreatment of certain zoonosis status eggs as Class B eggs, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (b), of Part D of Annex IIArticle 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003 and Article 10 of Commission Regulation (EC) No 589/2008Marking of certain zoonosis status eggs with the indication required by Article 10 of Commission Regulation (EC) No 589/2008, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (c), of Part D of Annex IIPoint 4 of Part D of Annex II to Regulation (EC) No 2160/2003Prohibited access to packing centres for certain zoonosis status eggs unless the competent authority is satisfied with measures to prevent possible cross-contamination, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.

Regulation 32(2)

SCHEDULE 4E+WFACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 1 E+WAggravating factors

1.  Seriousness of the non-compliance.E+W

2.  Harm or potential harm to human health.E+W

3.  Financial harm to consumers.E+W

4.  Financial harm to competitors.E+W

5.  Duration of non-compliance.E+W

6.  Evidence of intention behind the non-compliance.E+W

7.  History of non-compliance of the person (“P”) to whom the penalty notice is to be given.E+W

8.  Financial gain made by P as a result of non-compliance.E+W

9.  Financial resources of P.E+W

10.  Size of P's business.E+W

11.  Availability of non-compliant item, including the number of retail shops in which it has been marketed.E+W

12.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.E+W

13.  Previous action taken by the enforcement authority to help P comply with the Regulations.E+W

PART 2 E+WMitigating factors

1.  Action taken to eliminate or reduce the risk of damage resulting from the non-compliance.E+W

2.  Action taken by P to repair the harm done by the non-compliance.E+W

3.  Any co-operation given to the enforcement authority by P in responding to the non-compliance.E+W

4.  Whether P reported the non-compliance to the enforcement authority.E+W

5.  Financial resources of P.E+W

6.  Size of P's business.E+W

7.  Availability of non-compliant item, including the number of retail shops in which it has been marketed.E+W

8.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.E+W

9.  Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority.E+W

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