The Eggs and Chicks (England) Regulations 2007

PART 1 General

Title, commencement and application

1.—(1) These Regulations may be cited as the Eggs and Chicks (England) Regulations 2007.

(2) These Regulations come into force on 22^nd August 2007.

(3) These Regulations apply in England only.

(4) These Regulations apply—

(a) to eggs for hatching and chicks to which Council Regulation (EEC) No. 2782/75 and Commission Regulation (EEC) No. 1868/77 apply; and

(b) to eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply (eggs in shell produced for consumption by hens of the species Gallus gallus).

(5) But they do not apply—

(a) to the sale of eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer —

(i) on the production site;

(ii) by door-to-door selling in the region of production; or

(b) except insofar as they relate to the requirement imposed by Article 4(3) of Council Regulation (EC) No. 1028/2006 to mark eggs in accordance with Article 4(1) of that Regulation, to the sale of eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.

(6) In paragraph (5) (a)(ii)“door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer’s home, or to the home of another person, or to the final consumer’s place of work.

Revocation

2.  The Regulations specified in Schedule 1 are revoked in so far as they apply to England.

Interpretation

3.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

“authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under or in relation to the Act or these Regulations;

“breeding establishment” has the meaning given by Article 1(3)(b) of Council Regulation (EEC) No. 2782/75;

“chicks” has the meaning given by Article 1(2) of Council Regulation (EEC) No. 2782/75(1);

“Commission Regulation (EEC) No. 1868/77” means Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75, as amended from time to time;

“Commission Regulation (EC) No. 557/2007” means Commission Regulation (EC) No. 557/2007 introducing detailed rules for implementing Council Regulation (EC) No. 1028/2006, as amended from time to time;

“Council Directive 1999/74/EC” means Council Directive 1999/74/EC(2) laying down minimum standards for the protection of laying hens;

“Council Regulation (EEC) No. 2782/75” means Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks;

“Council Regulation (EC) No. 1028/2006” means Council Regulation (EC) No. 1028/2006 on marketing standards for eggs, as amended from time to time;

“Directive 2000/13/EC” means Directive 2000/13/EC(3) on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;

“eggs” has the meaning given by Article 2(1) of Council Regulation (EC) No. 1028/2006;

“eggs for hatching” has the meaning given by Article 1(1) of Council Regulation (EEC) No. 2782/75(4);

“enforcement authority” means an authority exercising a function conferred on it by regulation 16;

“final consumer” has the meaning given by Article 2(8) of Council Regulation (EC) No. 1028/2006;

“food authority” means—

(a)

a county council;

(b)

a metropolitan district council;

(c)

a non-metropolitan district council for an area for which there is no county council;

(d)

a London borough council;

(e)

the Common Council of the City of London (in their capacity as a local authority); and

(f)

the Council of the Isles of Scilly;

“hatchery” has the meaning given by Article 1(3)(c) of Council Regulation (EEC) No. 2782/75;

“packing centre” has the meaning given by Article 2(7) of Council Regulation (EC) No. 1028/2006;

“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Council Regulation (EEC) No. 2782/75; and

“production site” has the meaning given by Article 2(6) of Council Regulation (EC) No. 1028/2006.

(2) Any expression which is not defined in paragraph (1), but is used in Part 2 of, or Schedule 2 to, these Regulations, and in Council Regulation (EEC) No. 2782/75, has the same meaning in those provisions of these Regulations as it does in the Council Regulation.

(3) Any expression which is not defined in paragraph (1), but is used in regulation 1(5) or Part 3 of, or Schedule 3 to, these Regulations and in Council Regulation (EC) No. 1028/2006 or Commission Regulation (EC) No. 557/2007, has the same meaning in those provisions of these Regulations as it does in the Council or Commission Regulation in which it is used.

(4) Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 2 means a contravention of or failure to comply with—

(a) any provision of Council Regulation (EEC) No. 2782/75 mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or

(b) any provision of Commission Regulation (EEC) No. 1868/77 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part.

(5) Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 3 means a contravention of or failure to comply with—

(a) any provision of Council Regulation (EC) No. 1028/2006 mentioned in column 1 of Part 1 of Schedule 3, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or

(b) any provision of Commission Regulation (EC) No. 557/2007 mentioned in column 1 of Part 2 of Schedule 3, as read with any provision mentioned in any corresponding entry in column 2 of that Part.

(1)

OJ No. L 282, 1.11.1975, p. 100. Article 1(2) of Council Regulation (EEC) No. 2782/75 was amended by Commission Regulation (EEC) No. 3987/87 (OJ No. L 376, 31.12.1987, p. 20).

(2)

OJ No. L 203, 3.8.1999, p. 53, last amended by Council Regulation (EC) No. 806/2003 (OJ No. L 122, 16.5.2003, p. 1).

(3)

OJ No. L 109, 6.5.2000, p. 29, last amended by Commission Directive 2006/142/EC (OJ No. L 368, 23.12.2006, p. 110).

(4)

Article 1(1) of Council Regulation (EEC) No. 2782/75 was amended by Commission Regulation (EEC) No. 3987/87.