The Eggs and Chicks (England) Regulations 2009

1. Introductory Text

2. PART 1

   1. 1. Title, commencement and application

   2. 2. Revocation

   3. 3. Interpretation

3. PART 2

   1. 4. Application of this Part

   2. 5. Compliance with Community provisions

   3. 6. Registration of pedigree breeding establishments, breeding establishments and hatcheries

   4. 7. Derogation relating to the marking of eggs for hatching

4. PART 3

   1. 8. Application of this Part

   2. 9. Compliance with Community provisions

   3. 10. Authorisation of packing centres to grade eggs

   4. 11. Derogations relating to the marking of eggs

   5. 12. Livestock grazing on open-air runs

   6. 13. Derogation relating to free-range eggs

   7. 14. Derogation relating to barn eggs

5. PART 4 salmonella

   1. 15. Application of this Part

   2. 16. Compliance with Community provisions

6. PART 5

   1. 17. Enforcement

   2. 18. Duty to give assistance and provide information

   3. 19. Powers of entry

   4. 20. Powers of an authorised officer

   5. 21. Procedure on seizure

   6. 22. Compliance notices

   7. 23. Appeals

   8. 24. Record-keeping requirements

   9. 25. Publication of enforcement information

   10. 26. Obstruction

   11. 27. Fine

   12. 28. Extended period for bringing prosecutions

   13. 29. Offences by bodies corporate etc.

   14. 30. Giving of penalty notice for penalty offence

   15. 31. Contents of penalty notice

   16. 32. Amount of penalty

   17. 33. Restriction on proceedings for penalty offence

   18. 34. Payment of penalty

   19. 35. Certificate of payment or non-payment of a penalty

   20. 36. Penalty receipts

   21. 37. Withdrawal of penalty notice

   22. 38. Giving of notices

   23. 39. Application of various provisions of the Act

   24. 40. Transitional provision

7. Signature

8. 1. SCHEDULE 1

      COMMUNITY PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE

      1. PART 1 PROVISIONS OF THE SINGLE CMO REGULATION

      2. PART 2 PROVISIONS OF COMMISSION REGULATION (EC) NO 617/2008

   2. SCHEDULE 2

      GENERAL COMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

      1. PART 1

      2. PART 2 PROVISIONS OF COMMISSION REGULATION (EC) NO 589/2008

   3. SCHEDULE 3

      COMMUNITY SALMONELLA RELATED CONTROLS ON EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

   4. SCHEDULE 4

      FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

      1. PART 1 Aggravating factors

         1. 1. Seriousness of the non-compliance.

         2. 2. Harm or potential harm to human health.

         3. 3. Financial harm to consumers.

         4. 4. Financial harm to competitors.

         5. 5. Duration of non-compliance.

         6. 6. Evidence of intention behind the non-compliance.

         7. 7. History of non-compliance of the person (“P”) to whom the...

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

         9. 9. Financial resources of P.

         10. 10. Size of P’s business.

         11. 11. Availability of non-compliant item, including the number of retail shops...

         12. 12. The conduct of P after the non-compliance is drawn to...

         13. 13. Previous action taken by the enforcement authority to help P...

      2. PART 2 Mitigating factors

         1. 1. Action taken to eliminate or reduce the risk of damage...

         2. 2. Action taken by P to repair the harm done by...

         3. 3. Any co-operation given to the enforcement authority by P in...

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

         5. 5. Financial resources of P.

         6. 6. Size of P’s business.

         7. 7. Availability of non-compliant item, including the number of retail shops...

         8. 8. The conduct of P after the non-compliance is drawn to...

         9. 9. Where the non-compliance was committed by an employee of P,...

9. Explanatory Note