The Eggs and Chicks (England) Regulations 2009
2009 No. 2163
Food, England
The Eggs and Chicks (England) Regulations 2009
Made 4th August 2009
Laid before Parliament 10th August 2009
Coming into force 14th September 2009
The Secretary of State1is a Minister designated2for the purposes of section 2(2) of the European Communities Act 19723in 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 any reference to the following Regulations to be construed as a reference to those Regulations as amended from time to time—
(a) Council Regulation (EC) No 1234/20074establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);
(b) Commission Regulation (EC) No 589/20085laying down detailed rules for implementing Regulation (EC) No 1234/2007as regards marketing standards for eggs; and
(c) Commission Regulation (EC) No 617/20086laying down detailed rules for implementing Regulation (EC) No 1234/2007as regards marketing standards for eggs for hatching and farmyard poultry chicks.
Insofar as these Regulations are made in exercise of powers under the Food Safety Act 19907, the Secretary of State has had regard to relevant advice given by the Food Standards Agency as required by section 48(4A)8of 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 178/2002of the European Parliament and of the Council9laying 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—
(a) section 2(2) of, and paragraph 1A10of Schedule 2 to, the European Communities Act 1972; and
(b) sections 6(4)11, 16(1)12, 1713, 2614and 48(1)15of the Food Safety Act 1990 and now vested in the Secretary of State16.
PART 1
General
Title, commencement and application
1.—(1) These Regulations may be cited as the Eggs and Chicks (England) Regulations 2009 and come into force on 14th September 2009.
(2) They apply in England only.
Revocation
2. The Eggs and Chicks (England) Regulations 200817Regulations are revoked.
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 Commission Regulation (EC) No 617/2008;
“chicks” has the meaning given by Article 1(2) of Commission Regulation (EC) No 617/2008;
“ Commission Regulation (EC) No 589/2008” means Commission Regulation (EC) No 589/2008laying down detailed rules for implementing Regulation (EC) No 1234/2007as regards marketing standards for eggs, as amended from time to time;
“ Commission Regulation (EC) No 617/2008” means Commission Regulation (EC) No 617/2008laying down detailed rules for implementing Regulation (EC) No 1234/2007as regards marketing standards for eggs for hatching and farmyard poultry chicks, as amended from time to time;
“Council Directive 1999/74/EC” means Council Directive 1999/74/EC18laying down minimum standards for the protection of laying hens;
“Directive 2000/13/EC” means Directive 2000/13/EC19of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;
“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;
“eggs” has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;
“eggs for hatching” has the meaning given by Article 1(1) of Commission Regulation (EC) No 617/2008;
“enforcement authority” means an authority exercising a function conferred on it by regulation 17;
“final consumer” has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;
“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 Commission Regulation (EC) No 617/2008;
“local public market”, in relation to eggs laid at a production site, means—
(a) a public market that is within an 80 kilometre radius of the boundary of the production site; or
(b) where a public market is partly within an 80 kilometre radius of the boundary of the production site and partly outside an 80 kilometre radius of the boundary of the production site, the whole of that market;
“market”, when used as a noun, means—
(a) a market or fair for which the right to hold it was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or subordinate legislation; and
(b) a temporary market—
(i) comprising of a concourse of buyers and sellers of articles held otherwise than in a building or on a highway, with not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles are sold; and
(ii) for which any notice required under section 37(2) of the Local Government (Miscellaneous Provisions) Act 198220has been given;
“officer”—
(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; and
(b) in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;
“packing centre” has the meaning given by sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;
“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No 617/2008;
“penalty” means the amount specified in a penalty notice;
“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with these Regulations, to discharge any liability to be convicted of the penalty offence to which the notice relates;
“penalty offence” means an offence for which a penalty notice may be given under regulation 30;
“production site” has the meaning given by sub-paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;
“region” means an electoral region listed in the table in Schedule 1 to the European Parliamentary Elections Act 200221;
“region of production”, in relation to eggs marketed by a producer direct to a final consumer by door-to-door selling or at a local public market, means—
(a) where the production site at which those eggs are produced is in one region—
(i) the area within a 80 kilometre radius of the boundary of the production site; and
(ii) any part of that region that is outside of that 80 kilometre radius of the boundary of the production site; and
(b) where the production site at which those eggs are produced is partly in one region and partly in one or more other regions—
(i) the area comprising of the area within a 80 kilometre mile radius of the boundary of the production site; and
(ii) any part of the largest region into which the site falls that is outside of the 80 kilometre radius of the boundary of the production site;
“Regulation (EC) No 2160/2003” means Regulation (EC) No 2160/200322of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents; and
“Single CMO Regulation” means Council Regulation (EC) No 1234/2007establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time.
(2) Any expression which is not defined in paragraph (1) but is used in Part 2 of, or Schedule 1 to, these Regulations and in Part C of Annex XIV to the Single CMO Regulation has the same meaning in those provisions of these Regulations as it does in the Single CMO Regulation.
(3) Any expression which is not defined in paragraph (1) but is used in Part 3 or 4 of, or Schedule 2 to, these Regulations and in Part A of Annex XIV to the Single CMO Regulation, or Commission Regulation (EC) No 589/2008, has the same meaning in those provisions of these Regulations as it does in the EC Regulation in which it is used.
(4) Any expression which is not defined in paragraph (1) but is used in Schedule 3 to these Regulations and in Regulation (EC) No 2160/2003has the same meaning in Schedule 3 as it does in Regulation (EC) No 2160/2003.
(5) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 1 means a contravention of or failure to comply with—
(a)
(a) any provision of the Single CMO Regulation mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
(b)
(b) any provision of Commission Regulation (EC) No 617/2008mentioned in column 1 of Part 2 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
(6) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 2 means a contravention of...
To continue reading
Request your trial