PART 1General
Title, commencement and application1
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.
Revocation2
The Regulations specified in Schedule 1 are revoked in so far as they apply to England.
Interpretation3
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. 2782/7518;
“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/EC19 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/EC20 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. 2782/7521;
“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;
- a
“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.