SCHEDULE 1F15EU PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE

Regulation 5

Annotations:
Amendments (Textual)
F15

Word in Sch. 1 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

PART 1PROVISIONS OF THE SINGLE CMO REGULATION F1 or Regulation (EU) 2013

Annotations:

Column 1

Column 2

Column 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 1

Subject matter

F3Article 74 of Regulation (EU) 2013 , insofar as it relates to the marketing of eggs for hatching and chicks

Article 116 of, and Part C of Annex XIV to, the Single CMO Regulation and Commission Regulation (EC) No 617/2008

Prohibition 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 617/2008

Marking 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 617/2008

Transportation 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 617/2008

Importation 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 617/2008

Packing 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 617/2008

Content 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 617/2008

Importation of chicks from a third country.

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

Column 1

Column 2

Column 3

Relevant provision of Commission Regulation (EC) No 617/2008

Provisions to be read with the provisions of Commission Regulation (EC) No 617/2008 mentioned in column 1

Subject 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 617/2008

Individual marking of eggs for hatching.

Article 3(2)

Article 3(3) and (5) of Commission Regulation (EC) No 617/2008 and regulation 7

Marking of eggs for hatching at producer establishment.

Article 3(4)

Article 3(5) and (6) of, and Annex II to, Commission Regulation (EC) No 617/2008

Transport of eggs for hatching: packing requirements.

Article 3(6)

Article 3(4) and (5) of Commission Regulation (EC) No 617/2008

Distinguishing 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 7

Prohibition 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 617/2008

Packing 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 617/2008

Content 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 617/2008

Importation 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 617/2008

Special 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 6

Keeping of registers by hatcheries.

Article 7

Sub-paragraph (h) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008

Restriction on the use of eggs withdrawn from an incubator.

Article 8(1)

Obligation on hatcheries to provide monthly reports.

SCHEDULE 2GENERAL F14EU PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

Regulation 9

Annotations:
Amendments (Textual)
F14

Word in Sch. 2 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F5PART 1PROVISIONS OF REGULATION (EU) 2013

Annotations:

Column 1

Column 2

Column 3

Relevant provision of Regulation (EU) 2013

Provisions to be read with the provisions of Regulation (EU) 2013 mentioned in column 1

Subject matter

Article 74 insofar as it relates to the marketing of eggs

Part VI of Annex VII to Regulation (EU) No 2013 and Commission Regulation (EC) No. 589/2008

Prohibition 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 VII

Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008

Quality grading of eggs as Class A (or fresh) or Class B eggs.

Point II(2) of Part VI of Annex VII

Article 4(1) of Commission Regulation (EC) No. 589/2008

Weight grading of Class A eggs.

Point II(3) of Part VI of Annex VII

Prohibition 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-paragraph

Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008

Marking of Class A eggs.

Point III(1) of Part VI of Annex VII, second sub-paragraph

Articles 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 VII

Point III(1) of Part VI of Annex VII to Regulation (EU) 2013

Place at which eggs are marked.

Point III(3) of Part VI of Annex VII, first sub-paragraph

Point 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) of Regulation (EU) 2013

Article 30(2) of Commission Regulation (EC) No. 589/2008

Marking 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) of Regulation (EU) 2013

Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008

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

Annotations:
Amendments (Textual)
F11

Words in Sch. 2 Pt. 2 table substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 7 para. 57(a)

F12

Words in Sch. 2 Pt. 2 table substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 7 para. 57(b)

F13

Words in Sch. 2 Pt. 2 table substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 7 para. 57(c)

F16

Word in Sch. 2 Pt. 2 table substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Marginal Citations
M1

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).

M2

OJ No L 198, 22.7.1991, p 1, last amended by Commission Regulation 404/2008 (OJ No L 120, 7.5.2008, p 8).

Column 1

Column 2

Column 3

Relevant provision of Commission Regulation (EC) No 589/2008

Provisions to be read with the provisions of Commission Regulation (EC) No 589/2008 mentioned in column 1

Subject matter

Article 2(1)

The first indent of F6point 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 2160/2003

Quality 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 589/2008

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 2(4)

The second indent of F6point 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 2160/2003

Quality 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)

F7 Point II(2) of Part VI of Annex VII to Regulation (EU) 2013 and Article 4(3) of Commission Regulation (EC) No 589/2008

Grading of Class A eggs by weight.

Article 4(2)

Article 4(1) of Commission Regulation (EC) No 589/2008 and F11Regulation (EU) No 1169/2011

Weight grading indications.

Article 4(3)

Article 4(1) of Commission Regulation (EC) No 589/2008

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(1), first sub-paragraph

Grading 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 589/2008

Class 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 F12point 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-paragraph

The second sub-paragraph of Article 7(1) of Commission Regulation (EC) No 589/2008

Producers to identify each transport packaging containing eggs with certain information.

Article 7(2), first sub-paragraph, first sentence

Article 7(1) and second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008

Application 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 sentence

The first sentence of the first sub-paragraph and the second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008

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 589/2008.

Article 7(2), first sub-paragraph, third sentence

The first sentence of the first sub-paragraph and second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008

Original 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 589/2008

Prohibition 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 589/2008

Eggs 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 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 589/2008.

Article 8(5)

The second sub-paragraph of F8point III(2) of Part VI of Annex VII to Regulation (EU) 2013 and Article 10 of Commission Regulation (EC) No 589/2008

Marking of Class B eggs for marketing in another Member State.

Article 9(1)

Point 2 of the Annex to Commission Directive 2002/4/ECM1 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC

Producer code.

Article 10

The second sub-paragraph of F8point 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-paragraphs

Article 12(1) of, and Part A of Annex I, and Annex II, to Commission Regulation (EC) No 589/2008, Article 2 of Council Regulation (EEC) No 2092/91M2 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and regulations 12, 13 and 14

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 589/2008

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 589/2008 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 589/2008 (enriched cages).

Article 12(4)

Marking of packs of Class B eggs.

Article 13

F13Article 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 589/2008

Laying 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 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 589/2008

Producer records on farming methods.

Article 20(2)

Articles 15 and 20(4) of Commission Regulation (EC) No 589/2008

Producer records on feeding method.

Article 20(3)

Article 20(1) and (2) of Commission Regulation (EC) No 589/2008

Information 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 589/2008

Collector records on eggs collected and delivered by them.

Article 22(1), first sub-paragraph

Article 22(3) of Commission Regulation (EC) No 589/2008

Packing centre records.

Article 22(1), second sub-paragraph

Updating of packing centres physical stock records each week.

Article 22(2)

Articles 15 and 22(1) of Commission Regulation (EC) No 589/2008

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 589/2008

Records 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 589/2008

Records 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)

F9... to the Single CMO Regulation

Marking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with F16EU legislation have not been provided.

SCHEDULE 3F17EUSALMONELLA RELATED CONTROLS ON EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

Regulation 16

Annotations:
Amendments (Textual)
F17

Word in Sch. 3 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

Column 1

Column 2

Column 3

Relevant provision of Regulation (EC) No 2160/2003

Provisions to be read with the provisions of Regulation (EC) No 2160/2003 mentioned in column 1

Subject matter

Point 1 of Part D of Annex II

Article 1(3) of Regulation (EC) No 2160/2003

Prohibition 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 II

Point 4 of Part D of Annex II to Regulation (EC) No 2160/2003

Prohibition 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 II

Article 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003, the provisions of F10Article 74 and Part VI of Annex VII to Regulation (EU) 2013, and Commission Regulation (EC) No 589/2008, insofar as they relate to Class B eggs

Treatment of certain zoonosis 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 II

Article 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 589/2008

Marking 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 II

Point 4 of Part D of Annex II to Regulation (EC) No 2160/2003

Prohibited 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.

SCHEDULE 4FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

Regulation 32(2)

PART 1Aggravating factors

1

Seriousness of the non-compliance.

2

Harm or potential harm to human health.

3

Financial harm to consumers.

4

Financial harm to competitors.

5

Duration of non-compliance.

6

Evidence of intention behind the non-compliance.

7

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

8

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

9

Financial resources of P.

10

Size of P's business.

11

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

12

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

13

Previous action taken by the enforcement authority to help P comply with the Regulations.

PART 2Mitigating factors

1

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

2

Action taken by P to repair the harm done by the non-compliance.

3

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

4

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

5

Financial resources of P.

6

Size of P's business.

7

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

8

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

9

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