Statutory Instruments
FOOD, ENGLAND
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.—(1) These Regulations may be cited as the Eggs and Chicks (England) Regulations 2007.
(2) These Regulations come into force on 22nd 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.
2. The Regulations specified in Schedule 1 are revoked in so far as they apply to England.
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(18);
“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(19) 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(20) 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(21);
“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 county council;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London (in their capacity as a local authority); and
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.
4. A person is guilty of an offence if he contravenes, or fails to comply with, any provision mentioned Schedule 2.
5.—(1) The Secretary of State is designated as the competent authority for the purpose of Article 3 of Council Regulation (EEC) No. 2782/75 (registration of pedigree breeding establishments, other breeding establishments and hatcheries) as read with Article 1 of Commission Regulation (EEC) No. 1868/77.
(2) Where an application is made to the Secretary of State pursuant to Article 3 of Council Regulation (EEC) No. 2782/75, he must notify the applicant of the matters specified in paragraph (3) within 28 days.
(3) The matters are—
(a)the Secretary of State’s 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 18.
(4) Where the Secretary of State is not satisfied that an application should be granted, he may (instead of refusing the application) notify the applicant of the reason for this, and—
(a)where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, he may ask the applicant to provide further data;
(b)where the Secretary of State is not satisfied that all of the provisions mentioned in Schedule 2 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, he may ask the applicant to take steps to ensure that those provisions will be complied with; and
(c)he may give the applicant an opportunity to provide oral or written explanations to him in respect of the application.
(5) Where the Secretary of State decides 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 2, he must notify the person carrying on business at the establishment concerned (“the operator”) of the matters specified in paragraph (6) within 28 days.
(6) The matters are—
(a)the Secretary of State’s 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 18.
(7) Where the Secretary of State is 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 2, he may (instead of withdrawing the registration) notify the operator that he is 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 2 is continuing, he may ask the operator to take steps to ensure that that provision is complied with; and
(b)he may give the operator an opportunity to provide oral or written explanations to him in respect of the matter.
(8) Where the Secretary of State gives a notice to an applicant under paragraph (4), or to an operator under paragraph (7), the Secretary of State must specify a deadline in the notice by which any action specified in the notice must be taken.
(9) Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
(10) Any notice given by the Secretary of State under this regulation must be in writing.
(11) For the purposes of calculating the 28-day time limit specified in paragraph (2), the clock is stopped during any period that the Secretary of State gives to an applicant to take any action specified in a notice under paragraph (4).
6. Eggs for hatching may be marked in a different manner from that specified in Article 2(1) of Commission Regulation (EEC) No. 1868/77 if—
(a)the marking of the eggs complies with the requirements set out in the first sub-paragraph of Article 2(2) of that Regulation; and
(b)the other requirements set out in the first and second sub-paragraphs of Article 2(2) are met.
7. A person is guilty of an offence if he contravenes, or fails to comply with, any provision mentioned in Schedule 3.
8.—(1) The Secretary of State is designated as the competent authority for the purpose of Article 5(2) of Council Regulation (EC) No. 1028/2006 (authorisation of undertakings as packing centres to grade eggs) as read with Article 5 of Commission Regulation (EC) No. 557/2007.
(2) Where an application is made to the Secretary of State under Article 5(2) of Council Regulation (EC) No. 1028/2006 to authorise an undertaking as a packing centre to grade eggs(22), he must notify the applicant of the matters specified in paragraph (3) within 28 days.
(3) The matters are—
(a)the Secretary of State’s decision on the application;
(b)the reasons for any refusal to grant an authorisation; and
(c)in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 18.
(4) Where the Secretary of State is not satisfied that an application should be granted, he may (instead of refusing the application) notify the applicant of the reason for this and—
(a)where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, he may ask the applicant to provide further data;
(b)where the Secretary of State is not satisfied that all of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 and Article 5(3) of Commission Regulation (EC) No. 557/2007 that are relevant to the type of packing centre to be authorised have been met, he may ask the applicant to comply with any outstanding requirement; and
(c)he may give the applicant an opportunity to provide oral or written explanations to him in respect of the application.
(5) Where the Secretary of State decides to withdraw an authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 or Article 5(3) of Commission Regulation (EC) No. 557/2007, he must notify the person carrying on business at the packing centre (“the operator”) of the matters specified in paragraph (6) within 28 days.
(6) The matters are—
(a)the Secretary of State’s decision to withdraw the authorisation;
(b)the date on which the withdrawal of the authorisation is to take effect;
(c)the reasons for the withdrawal; and
(d)the right of appeal conferred by regulation 18.
(7) Where the Secretary of State is minded to withdraw the authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 or Article 5(3) of Commission Regulation (EC) No. 557/2007, he may (instead of withdrawing the authorisation) notify the operator that he is minded to withdraw the authorisation, and the reasons for this, and—
(a)where the failure to comply with any of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 or Article 5(3) of Commission Regulation (EC) No. 557/2007 is continuing, he may ask the operator to take steps to ensure that those requirements are met; and
(b)he may give the operator an opportunity to provide oral or written explanations to him in respect of the matter.
(8) Where the Secretary of State gives a notice to an applicant under paragraph (4), or to an operator under paragraph (7), the Secretary of State must specify a deadline in the notice by which any action specified in the notice must be taken.
(9) Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
(10) Any notice given by the Secretary of State under this regulation must be in writing.
(11) For the purposes of calculating the 28-day time limit specified in paragraph (2), the clock is stopped during any period that the Secretary of State gives to an applicant to take any action specified in a notice under paragraph (4).
9.—(1) The provisions in the second sub-paragraph of Article 4(1) of Council Regulation (EC) No. 1028/2006 (requiring class B eggs to be marked) shall not apply where class B eggs are to be marketed exclusively in the United Kingdom.
(2) The provisions in the first sub-paragraph of Article 4(3) of Council Regulation (EC) No. 1028/2006 (requiring eggs sold by a producer to a final consumer in a local public market in the region of production to be marked in accordance with Article 4(1) of the Council Regulation) shall not apply in the case of a producer keeping up to 50 laying hens if the name and address of the producer are indicated at the point of sale.
10. For the purpose of point 1 of Annex II to Commission Regulation (EC) No. 557/2007 (setting down the minimum requirements that need to be met in order for eggs to be marketed as free-range eggs), livestock grazing is authorised on open-air runs to which laying hens have access.
11.—(1) By way of derogation from the provisions of point 1 of Annex II to Commission Regulation (EC) No. 557/2007, eggs to which paragraph (2) applies may be marketed as free-range eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
(2) This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
(3) The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1)—
(a)the second sentence of point 1(d);
(b)point 1(e);
(c)point 2;
(d)point 3(a)(i); and
(e)point 3(b)(i).
12.—(1) By way of derogation from the provisions of point 2 of Annex II to Commission Regulation (EC) No. 557/2007, eggs to which paragraph (2) applies may be marketed as barn eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
(2) This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
(3) The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1)—
(a)the second sentence of point 1(d);
(b)point 1(e);
(c)point 2;
(d)point 3(a)(i); and
(e)point 3(b)(i).
13.—(1) An authorised officer may direct any person to leave undisturbed, for so long as reasonably necessary for the purpose of any examination or investigation—
(a)eggs;
(b)eggs for hatching;
(c)packs or other containers for eggs, eggs for hatching or chicks;
(d)labels or documents relating to eggs, eggs for hatching or chicks; and
(e)any land(23), vehicle or trailer on or in which any eggs, eggs for hatching or chicks, any packs or other containers for eggs, eggs for hatching or chicks, and any labels or documents relating to such eggs or chicks are found.
(2) If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (1), an authorised officer may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.
(3) An authorised officer may direct any person to ensure that any—
(a)eggs;
(b)eggs for hatching;
(c)packs or other containers for eggs, eggs for hatching or chicks; or
(d)labels or documents relating to eggs, eggs for hatching or chicks,
which do not comply in any respect with the requirements of any provision mentioned in Schedule 2 (as regards eggs for hatching and chicks) or 3 (as regards other eggs), comply with those requirements before being removed from any land, vehicle or trailer, except as may be otherwise directed in writing by an authorised officer.
(4) An authorised officer may seize any computer and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable and, in any event, within 28 days.
(5) Where an authorised officer exercises the power under paragraph (4), he must notify the person in charge of the premises from which the equipment is seized of the right of appeal conferred by regulation 18.
(6) Except as stated in paragraph (3), any direction given by an authorised officer under paragraph (1) or (3) can be given orally or in writing but any direction given orally must be confirmed in writing as soon as practicable and, in any event, within 24 hours.
(7) An authorised officer must not exercise the powers under paragraphs (1) to (4) except on the production, if so required, of a duly authenticated document showing his authority.
(8) A person is guilty of an offence if—
(a)without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by an authorised officer under paragraph (1);
(b)unless authorised to do so, in writing, by an authorised officer, he interferes with any packs or containers that have been secured by an authorised officer under paragraph (2); or
(c)without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by an authorised officer under paragraph (3).
14.—(1) The Secretary of State may direct any person carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 to comply with any of the requirements specified in paragraph (2).
(2) The requirements are—
(a)to keep, or cause to be kept, such records as the Secretary of State may reasonably require for the purposes of enforcing any such provision;
(b)to provide the Secretary of State with such information derived from such records as the Secretary of State may require at the times specified in the notice; and
(c)to retain such records for such period as the Secretary of State may reasonably require.
(3) But the Secretary of State must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are often kept by persons carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 (whether or not kept by the person to whom the direction will be given) and—
(a)the direction will be given on or before 22nd February 2008 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 since the coming into force of these Regulations;
(b)the direction will be given on or before 22nd February 2008, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations since the coming into force of these Regulations, and the Secretary of State reasonably suspects that, since his conviction, that person—
(i)has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which his conviction relates; or
(ii)has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3;
(c)the direction will be given on or after 23rd February 2008 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 within the six month period immediately before the direction is given; or
(d)the direction will be given on or after 23rd February 2008, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations within the six month period immediately before the giving of the direction, and the Secretary of State reasonably suspects that, since his conviction, that person —
(i)has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which his conviction relates; or
(ii)has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3.
(4) Any direction given by the Secretary of State under paragraph (1) must be in writing.
(5) A person is guilty of an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by the Secretary of State under paragraph (1).
15.—(1) A person is guilty of an offence if —
(a)he intentionally obstructs an authorised officer acting in the execution of these Regulations;
(b)without reasonable excuse, he fails to give an authorised officer acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
(c)he gives to an authorised officer acting in the execution of these Regulations any information which he knows, or ought reasonably to know, to be false or misleading; or
(d)he fails to produce a record when required to do so by an authorised officer acting in the execution of these Regulations.
(2) Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
16.—(1) Each food authority must—
(a)enforce the provisions mentioned in Schedule 3, as read with regulation 7, insofar as they apply to—
(i)the retail sale of eggs within their area; and
(ii)the sale of eggs to a mass caterer in their area;
(b)enforce the provisions of regulation 13(8)—
(i)in the case of a direction given by an authorised officer who is authorised by the food authority; and
(ii)in the case of a pack or container secured by an authorised officer who is authorised by the food authority; and
(c)enforce the provisions of regulation 15(1) in the case of an obstruction of an authorised officer who is authorised by the food authority.
(2) The Secretary of State may enforce the provisions mentioned in Schedule 3, as read with regulation 7, insofar as they apply to the retail sale of eggs or the sale of eggs to a mass caterer.
(3) The Secretary of State must—
(a)enforce the provisions mentioned in Schedule 2, as read with regulation 4;
(b)enforce the provisions mentioned in Schedule 3, as read with regulation 7, insofar as they do not apply to the retail sale of eggs or the sale of eggs to a mass caterer;
(c)enforce the provisions of regulation 13(8)—
(i)in the case of a direction given by an authorised officer who is authorised by the Secretary of State; and
(ii)in the case of a pack or container secured by an authorised officer who is authorised by the Secretary of State;
(d)enforce the provisions of regulation 14(5); and
(e)enforce the provisions of regulation 15(1) in the case of an obstruction of an authorised officer who is authorised by the Secretary of State.
(4) In this regulation—
“mass caterer” means the entities referred to in Article 1(2) of Directive 2000/13/EC;
“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 advertising for sale.
17. Each enforcement authority must give such assistance and information to any other enforcement authority as that other authority may reasonably require for the purpose of their duties under these Regulations.
18.—(1) Any person who is aggrieved by a decision specified in paragraph (2) may appeal against that decision to a magistrates’ court.
(2) A specified decision for the purpose of paragraph (1) is—
(a)a decision by the Secretary of State to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 3 of Council Regulation (EEC) No. 2782/75, or to withdraw such a registration;
(b)a decision by the Secretary of State to refuse to authorise an undertaking as a packing centre to grade eggs under Article 5(2) of Council Regulation (EC) No. 1028/2006, or to withdraw such an authorisation; and
(c)a decision by an authorised officer to seize any computer or associated equipment under regulation 13(4).
(3) Section 37(3), (5) and (6) of the Act has effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section, but with the omission—
(a)in subsection (3), of the words “, or an appeal to such a court for which provision is made by regulations under Part II of this Act,”;
(b)of subsection 5(b), and the word “or” immediately preceding it; and
(c)in subsection (6)(a), of the words “or to the sheriff”.
(4) The withdrawal of an authorisation or registration referred to in paragraph (2) shall not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of, withdrawn or struck out for want of prosecution.
19. A person guilty of an offence specified in regulation 4, 7, 13(8), 14(5) or 15(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
20.—(1) Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
(2) But no such proceedings shall be commenced by virtue of paragraph (1) more than three years after the commission of the offence.
(3) For the purposes of this regulation—
(a)a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
(b)a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
21.—(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modifications specified in paragraph (2)—
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21(24) (defence of due diligence);
section 29 (procurement of samples);
section 30(8) (documentary evidence);
section 32(1) to (8) (25) (powers of entry);
section 36 (offences by bodies corporate);
section 36A(26) (offences by Scottish partnerships);
section 44 (protection of officers acting in good faith);
section 46(1) (expenses of authorised officers); and
section 50(27) (service of documents).
(2) The modifications are—
(a)construe any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) as a reference to these Regulations, and also, in relation to section 32(1)(a), construe the reference to “the provisions of this Act” as a reference to the provisions mentioned in Schedules 2 and 3;
(b)construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;
(c)in relation to section 20, construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);
(d)in relation to section 21(2), replace the words “section 14 or 15 above” with the words “these Regulations”;
(e)in relation to section 29—
(i)in paragraph (b)(ii), construe the reference to section 32 as including a reference to section 32 as applied to these Regulations by paragraph (1); and
(ii)in paragraph (d), omit the words “or of regulations or order made under it”;
(f)in relation to section 30(8)(a), omit the words “under subsection(6) above”;
(g)in relation to section 32—
(i)in subsection(1)(a), omit the words “, or of regulations or orders made under it”;
(ii)in subsection (4), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);
(iii)in subsection (5), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;
(iv)in subsection (6)(a), omit the words “or of regulations or orders made under it”; and
(v)in subsection (7), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1); and
(h)in relation to section 44, construe any reference to a food authority as a reference to an enforcement authority.
22. Any written authority granted to any person to act in matters arising under or in relation to the Eggs (Marketing Standards) Regulations 1995(28) shall have effect as if it referred to these Regulations.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
26th July 2007
Regulation 2
The Eggs (Marketing Standards) Regulations 1995
The Eggs (Marketing Standards) (Amendment) Regulations 1996(29)
The Eggs (Marketing Standards) (Amendment) Regulations 1997(30)
The Eggs (Marketing Standards) (Amendment) Regulations 1998(31)
The Eggs (Marketing Standards) (Amendment) (England and Wales) Regulations 2006(32)
Regulation 4
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of Council Regulation (EEC) No. 2782/75 | Provisions to be read with the provisions of Council Regulation (EEC) No. 2782/75 mentioned in column 1 | Subject matter | |
| Article 2(1) | Article 2(2) of Council Regulation (EEC) No. 2782/75 | Prohibition on the marketing and transportation of eggs for hatching and of chicks, and on the incubation of eggs for hatching, for trade or commercial purposes except in accordance with the provisions of Council Regulation (EEC) No. 2782/75. | |
| Article 3, first paragraph | Registration of pedigree breeding establishments, breeding establishments and hatcheries. | ||
| Article 5(1) | Article 2 of Commission Regulation (EEC) No. 1868/77 | Individual marking of eggs for hatching. | |
| Article 5(2) | Article 5(3) of Council Regulation (EEC) No. 2782/75 and Article 3 of Commission Regulation (EEC) No. 1868/77 | Packs used for the transportation of eggs for hatching. | |
| Article 6 | Importation of eggs for hatching from a third country. | ||
| Article 7 | Keeping of registers by hatcheries. | ||
| Article 8 | Restriction on the use of eggs withdrawn from an incubator. | ||
| Article 9(1) | Obligation on hatcheries to provide monthly reports. | ||
| Article 11(1) | Packing of chicks by species, type and category of poultry. | ||
| Article 11(2) | Content and marking of boxes of chicks. | ||
| Article 12 | Article 11(1) of Council Regulation (EEC) No. 2782/75 | Importation of chicks from a third country. | |
| Article 13(1) | Documentation that must accompany batches of eggs for hatching and chicks. | ||
| Article 13(2) | Article 13(1) of Council Regulation (EEC) No. 2782/75 | Documentation that must accompany batches of eggs for hatching and chicks imported from a third country. | |
| Article 14, first paragraph | Legibility of particulars. | ||
| Article 14, second paragraph | Particulars and accompanying documents to be written in at least one Community language. | ||
| Article 15 | Particulars included on packages for export to a third country. | ||
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of Commission Regulation (EEC) No. 1868/77 | Provisions to be read with the provisions of Commission Regulation (EEC) No. 1868/77 mentioned in column 1 | Subject matter | |
| Article 2(1) | Article 2(2) of Commission Regulation (EEC) No. 1868/77 and regulation 6 | Individual marking of eggs for hatching. | |
| Article 2(3) | Article 2(1) and (2) of Commission Regulation (EEC) No. 1868/77 and regulation 6 | Prohibition on transporting or trading eggs for hatching between Member States unless properly marked. | |
| Article 3 | Article 5(2) of Council Regulation (EEC) No. 2782/75 and Article 2(2), second sub-paragraph, of Commission Regulation (EEC) No. 1868/77 | Manner in which markings are to be made on packs. | |
Regulation 7
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Council Regulation (EC) No. 1028/2006 | Provisions to be read with the provisions of Council Regulation (EC) No. 1028/2006 mentioned in column 1 | Subject matter |
| Article 3(1) | Article 2(1) and (4) of Commission Regulation (EC) No. 557/2007 | Grading eggs by quality. |
| Article 3(2) | Article 4(1) of Commission Regulation (EC) No. 557/2007 | Grading class A eggs by weight. |
| Article 3(3) | Prohibition on the delivery of class B eggs except to the food and non-food industry. | |
| Article 4(1), first sub-paragraph | Article 4(3) of Council Regulation (EC) No. 1028/2006 and Articles 9(1) and 11 of Commission Regulation (EC) No. 557/2007 | Marking of class A eggs. |
| Article 4(1), second sub-paragraph | Articles 9, 10 and 11 of Commission Regulation (EC) No. 557/2007 | Marking of class B eggs. |
| Article 4(2) | Article 4(1) of Council Regulation (EC) No. 1028/2006 | Place at which eggs are marked. |
| Article 4(3), first sub-paragraph | Article 4(1) and Article 4(3), second sub-paragraph, of Council Regulation (EC) No. 1028/2006 and regulation 9 | Marking of eggs sold by a producer to the final consumer at a local public market. |
| Article 5(1) | Article 5 of Commission Regulation (EC) No. 557/2007 | Grading and packing of eggs and the labelling of packs by packing centres. |
| Article 6(1) | Article 30(2) of Commission Regulation (EC) No. 557/2007 | Marking of eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found to offer sufficient guarantees as to equivalence with Community legislation. |
| Article 6(3) | Article 30(2) and (3) of Commission Regulation (EC) No. 557/2007 | Marking of eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found not to offer sufficient guarantees as to equivalence with Community legislation. |
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Commission Regulation (EC) No. 557/2007 | Provisions to be read with the provisions of Commission Regulation (EC) No. 557/2007 mentioned in column 1 | Subject matter |
| Article 2(1) | Article 3(1), first indent, of Council Regulation (EC) No. 1028/2006 | Quality characteristics of class A eggs. |
| Article 2(2) | Article 3 of Commission Regulation (EC) No. 557/2007 | Prohibition 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 4(1) | Article 3(2) of Council Regulation (EC) No. 1028/2006 and Article 4(3) of Commission Regulation (EC) No. 557/2007 | Grading of class A eggs by weight. |
| Article 4(2) | Article 4(1) of Commission Regulation (EC) No. 557/2007 and Directive 2000/13/EC | Weight grading indications. |
| Article 4(3) | Article 4(1) of Commission Regulation (EC) No. 557/2007 | Minimum 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(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. 557/2007 | Class A eggs marketed as ‘extra’ or ‘extra fresh’ eggs to be graded, marked and packed within four days of laying. |
| Article 6(3) | Article 12(1)(d) of Commission Regulation (EC) No. 557/2007 and Article 9(2) of Directive 2000/13/EC | Packs to be marked as required by Article 12(1)(d) of Commission Regulation (EC) No. 557/2007 at the time of packing. |
| Article 7(1), first sub-paragraph | Article 7(1), second sub-paragraph, of Commission Regulation (EC) No. 557/2007 | Producers to identify each transport packaging containing eggs with certain information. |
| Article 7(2), first sub-paragraph, first sentence | Article 7(1), and Article 7(2), second sub-paragraph, of Commission Regulation (EC) No. 557/2007 | Application of the information specified in Article 7(1) of Commission Regulation (EC) No. 557/2007 to each transport packaging containing eggs and the inclusion of that information in accompanying documents. |
| Article 7(2), first sub-paragraph, second sentence | Article 7(2), first sub-paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 557/2007 | Intervening 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. 557/2007. |
| Article 7(2), first sub-paragraph, third sentence | Article 7(2), first sub-paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 557/2007 | Original documents referred to in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No. 557/2007 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. 557/2007 | Prohibition on the modification or removal of the information referred to in Article 7(1) of Commission Regulation (EC) No. 557/2007 on the transport packaging of eggs until the removal of the eggs for immediate grading, marking and packing. |
| Article 8(1) | Article 8(2) of Commission Regulation (EC) No. 557/2007 | Eggs 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. 557/2007. |
| Article 8(2), last sentence | A 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. 557/2007. | |
| Article 8(5) | Article 4(1), second sub-paragraph, of Council Regulation (EC) No. 1028/2006, and Article 10 of Commission Regulation (EC) No. 557/2007 | Marking of class B eggs for marketing in another Member State. |
| Article 9(1) | Point 2 of the Annex to Directive 2002/4/EC(33) on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC | Producer code. |
| Article 10 | Article 4(1), second sub-paragraph, of Council Regulation (EC) No. 1028/2006 | Indications on class B eggs. |
| Article 12(1) | Packs containing class A eggs to be marked with the information specified in Article 12(1) of Commission Regulation (EC) No. 557/2007. | |
| Article 12(2), first and second sub-paragraphs | Article 12(1) of, and Part A of Annex I, and Annex II, to Commission Regulation (EC) No. 557/2007, Article 2 of Council Regulation (EEC) No. 2092/91(34) on the production and labelling of organic products and indications referring thereto on agricultural products and foodstuffs, and regulations 10, 11 and 12 | Farming method to be shown on the outer surface of packs containing class A eggs. |
| Article 12(2), third sub-paragraph | Article 9(1) of Commission Regulation (EC) No. 557/2007 | Producer code to be explained on or inside packs. |
| Article 12(2), fourth sub-paragraph | Part B of Annex I to Commission Regulation (EC) No. 557/2007 and Chapter III of Council Directive 1999/74/EC | Use of an indication listed in Part B of Annex I to Commission Regulation (EC) No. 557/2007. |
| Article 12(4) | Packs containing class B eggs to be marked with certain information. | |
| Article 13 | Article 3(1)(5) of Directive 2000/13/EC | 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. 557/2007 | Laying date and the nine-day time limit specified in Article 14(1) of Commission Regulation (EC) No. 557/2007 to be shown where the words ‘extra’ or ‘extra fresh’ are used as an additional quality indication on packs containing class A eggs. |
| Article 15 | Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed. | |
| Article 16 | Information to be given for loose egg sales. | |
| Article 17 | Quality of packs. | |
| Article 18 | Packaging containers in which industrial eggs are marketed. | |
| Article 19 | Repacking of class A eggs. | |
| Article 20(1) | Article 20(4) of Commission Regulation (EC) No. 557/2007 | Producers to record certain information on farming methods. |
| Article 20(2) | Articles 15 and 20(4) of Commission Regulation (EC) No. 557/2007 | Producers to record certain information where the feeding method is indicated. |
| Article 20(3) | Article 20(1) and (2) of Commission Regulation (EC) No. 557/2007 | Information recorded by producers under Article 20(1) and (2) of Commission Regulation (EC) No. 557/2007 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. 557/2007 | Collectors to record certain information on eggs collected and delivered by them. |
| Article 22(1), first sub-paragraph | Article 22(3) of Commission Regulation (EC) No. 557/2007 | Packing centres to keep certain records. |
| Article 22(1), second sub-paragraph | Packing centres to update their physical stock records each week. | |
| Article 22(2) | Articles 15 and 22(1) of Commission Regulation (EC) No. 557/2007 | Packing centres to keep separate records where class A eggs and their packs bear an indication of how laying hens are fed. |
| Article 23 | Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 557/2007 | Records and files referred to in Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 557/2007 to be kept for at least 12 months. |
| Article 24(2), second sentence | Articles 20, 21 and 22 of Commission Regulation (EC) No. 557/2007 | Records referred to in Articles 20, 21 and 22 of Commission Regulation (EC) No. 557/2007 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) | Article 6(3) of Council Regulation (EC) No. 1028/2006 | Marking of packs containing eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found not to offer sufficient guarantees as to equivalence with Community legislation. |
(This note is not part of the Regulations)
These Regulations revoke and remake, with modifications, the Eggs (Marketing Standards) Regulations 1995 (S.I. 1995/1544) insofar as they apply to England.
The 1995 Regulations, as amended, made provision for the enforcement of certain provisions of Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks (OJ No. L 282, 1.11.1975, p. 100) and Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75 (OJ No. L 209, 17.8.1977, p. 1). They also made provision for the enforcement of certain provisions of Council Regulation (EEC) No. 1907/90 (OJ No. L 173, 6.7.1990, p. 5) on certain marketing standards for eggs and Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90 (OJ No. L 340, 24.12.2003, p. 16). Council Regulation (EEC) No. 1907/90 and Commission Regulation (EC) No. 2295/2003 have been revoked and replaced by Council Regulation (EC) No. 1028/2006 (OJ No. L 186, 7.7.2006, p. 1) and Commission Regulation (EC) No. 557/2007 (OJ No. L 132, 24.5.2007, p.5). These Regulations make provision for the continued enforcement of certain provisions of Council Regulation (EEC) No. 2782/75 and the continued enforcement of certain provisions of Commission Regulation (EEC) No. 1868/77, as from time to time amended, and also for the enforcement of certain provisions of Council Regulation (EC) No. 1028/2006, as from time to time amended, and Commission Regulation (EC) No. 557/2007, as from time to time amended.
The Regulations include provisions —
(a)making the failure to comply with the provisions of Council Regulation (EEC) No. 2782/75 and Commission Regulation (EEC) No. 1868/77 mentioned in Schedule 2 an offence (regulation 4);
(b)relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 5);
(c)derogating from Article 2(1) of Commission Regulation (EEC) No. 1868/77 by allowing eggs for hatching to be marked in a different manner from that specified in that provision (regulation 6);
(d)making the failure to comply with the provisions of Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 mentioned in Schedule 3 an offence (regulation 7);
(e)relating to the authorisation of packing centres to grade eggs (regulation 8);
(f)derogating from the provisions of Council Regulation (EC) No. 1028/2006, as regards the marking of eggs for consumption (regulation 9);
(g)varying the minimum requirements for the marketing of eggs as free-range eggs by authorising livestock grazing on open-air runs for hens producing such eggs (regulation 10);
(h)derogating from the provisions of Commission Regulation (EC) No. 557/2007, by allowing eggs to be marketed as free-range eggs although not all of the requirements laid down in that Regulation for free-range eggs are met (regulation 11);
(i)derogating from the provisions of Commission Regulation (EC) No. 557/2007, by allowing eggs to be marketed as barn eggs although not all of the requirements laid down in that Regulation for barn eggs are met (regulation 12);
(j)providing a right of appeal against certain decisions of the Secretary of State and authorised officers (regulation 18); and
(k)creating a penalty for offences under the Regulations (regulation 19).
A partial regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk or from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website (www.opsi.gov.uk).
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).
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).
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).
OJ No. L 186, 7.7.2006, p. 1.
OJ No. L 132, 24.5.2007, p.5.
Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c.28).
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).
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).
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.
Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.
Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.
Section 26 was amended by Schedule 6 to the Food Standards Act 1999.
Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.
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).
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).
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).
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).
Article 1(1) of Council Regulation (EEC) No. 2782/75 was amended by Commission Regulation (EEC) No. 3987/87.
See also Article 5 of Commission Regulation (EC) No. 557/2007.
By virtue of section 5 of, and Schedule 1 to, the Interpretation Act 1978 (c. 30), ‘land’ includes buildings and other structures.
Section 21(2) was amended by S.I. 2004/3279.
Section 32 was amended by paragraph 18 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16).
Section 36A was inserted by paragraphs 7 and 16 of Schedule 5 to the Food Standards Act 1999.
Section 50 was amended by paragraph 18 of Schedule 16 to the Deregulation and Contracting Out Act 1994.
S.I. 1995/1544, amended by S.I. 1996/1725, 1997/1414, 1998/1665, 2006/1540.
OJ 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).
OJ No. L 198, 22.7.1991, p. 1, last amended by Council Regulation 1991/2006 (OJ No. L 411, 30.12.2006, p. 18).