Eggs (Marketing Standards) Regulations 1985

JurisdictionUK Non-devolved

1985 No. 1271

AGRICULTURE

The Eggs (Marketing Standards) Regulations 1985

7thAugust 1985

20thAugust 1985

11thSeptember 1985

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the common agricultural policy of the European Economic Community, acting jointly, in exercise of the powers conferred upon them by the said section 2(2) and of all other powers enabling them in that behalf, hereby make the following regulations:—

Title, commencement and extent

1.—(1) These regulations may be cited as the Eggs (Marketing Standards) Regulations 1985, and shall come into operation on 11th September 1985.

(2) These regulations shall not extend to Northern Ireland.

Interpretation

2.—(1) In these regulations—

"Community provision" means any provision of the regulations of the European Communities referred to in the Schedule to these regulations;

"local weights and measures authority" has the same meaning as for the Weights and Measures Act 1963(c);

"the Minister" means in relation to England, the Minister of Agriculture, Fisheries and Food and in relation to Scotland and Wales, the Secretary of State;

"sale" means any offering, exposing or advertising for retail sale or having in possession for the purposes of retail sale.

(a) S.I. 1972/1811.

(b) 1972 c. 68; section 2 is subject to Schedule 2 of that Act and is to be read, as regards England and Wales, with section 40 of the Criminal Justice Act 1982 (c. 48), and as regards Scotland, with sections 289F and 289G of the Criminal Procedure (Scotland) Act 1975 (c. 21) which were inserted by section 54 of the said Act of 1982 and S.I. 1984/526.

(c) 1963 c. 31; sections 34 and 35(1) and (2) were replaced by subsections (2) to (4) of section 201 of the Local Government Act 1972 (c. 70) as amended by section 139 of and Schedule 12 to the Fair Trading Act 1973 (c. 41).

(2) Any expression used in these regulations which is defined in any other Community provision shall have the meaning assigned to it therein.

Enforcement authorities

3.—(1) Subject to the following provisions of this regulation, it shall be the duty of each local weights and measures authority to secure the enforcement and execution of the Community provisions and these regulations insofar as they relate to the sale by a retailer of eggs in their area.

(2) Nothing in this regulation shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence against a Community provision and these regulations.

(3) The foregoing provisions of this regulation are without prejudice to the duties of local weights and measures authorities under the provisions of the Weights and Measures Act 1963.

(4) It shall be the duty of the Minister to secure the enforcement and execution of all other Community provisions and all other provisions of these regulations.

Powers of authorised officers

4.—(1) For the purpose of enforcing any Community provision and these regulations, an authorised officer of the Minister, on producing if so required a duly authenticated document showing his authority, may—

(a) at all reasonable times enter and inspect land and premises (other than premises used only as a dwelling) on which any activity regulated by a...

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