LegalizeThe Eggs and Chicks (No. 2) Regulations (Northern Ireland) 2008
Made: 18th November 2008
Coming into operation: 22nd December 2008
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PART 1 — Introduction
Citation, commencement and application
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Interpretation
2
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PART 2 — Eggs for hatching and chicks
Compliance with Community provisions
3
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Registration of pedigree breeding establishments, breeding establishments and hatcheries
4
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Derogation relating to the marking of eggs for hatching
5
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PART 3 — Eggs in shell for consumption
Compliance with Community provisions
6
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Authorisation of packing centres to grade eggs
7
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Derogations relating to the marking of eggs
8
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Livestock grazing on open-air runs
9
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Derogation relating to free-range eggs
10
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Derogation relating to barn eggs
11
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PART 4 — Miscellaneous provisions
Powers of authorised officers
12
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Record-keeping requirements
13
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Obstruction
14
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Enforcement
15
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Duty to give assistance and provide information
16
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Appeals
17
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Penalty
18
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Extended period for bringing prosecutions
19
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Application of various Articles of the Order
20
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Transitional provision
21
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Revocation
22
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SCHEDULE 1 — COMMUNITY PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE
PART 1 — PROVISIONS OF THE SINGLE CMO REGULATION
| Column 1 | Column 1 | Column 2 | Column 3 |
|---|---|---|---|
| Relevant provision of the Single CMO Regulation | Relevant provision of the Single CMO Regulation | Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1 | Subject matter |
| Article 113(3) insofar as it relates to the marketing of eggs for hatching and chicks | Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008 | 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 | Article 3(1) of Commission Regulation (EC) No. 617/2008 | Article 3(1) of Commission Regulation (EC) No. 617/2008 | Marking of eggs for hatching. |
| Point II(2) of Part C of Annex XIV | Article 3(4) and (5) of Commission Regulation (EC) No. 617/2008 | 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 | Article 3(8) of Commission Regulation (EC) No. 617/2008 | 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 | Article 4(1) of Commission Regulation (EC) No. 617/2008 | 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 | Article 4(2) of Commission Regulation (EC) No. 617/2008 | 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 | Article 4(1) and (3) of Commission Regulation (EC) No. 617/2008 | Article 4(1) and (3) of Commission Regulation (EC) No. 617/2008 | Importation of chicks from a third country. |
PART 2 — PROVISIONS OF COMMISSION REGULATION (EC) No. 617/2008
| Column 1 | Column 1 | Column 2 | Column 3 |
|---|---|---|---|
| Relevant provision of Commission Regulation (EC) No. 617/2008 | 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 | 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 5 | Article 3(3) and (5) of Commission Regulation (EC) No. 617/2008 and regulation 5 | 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 | Article 3(5) and (6) of, and Annex II to Commission Regulation (EC) No. 617/2008 | Packing of eggs for hatching. |
| Article 3(6) | Article 3(4) and (5) of Commission Regulation (EC) No. 617/2008 | 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 5 | Article 3(1), (2) and (3) of Commission Regulation (EC) No. 617/2008 and regulation 5 | Prohibition on transporting or trading eggs for hatching between Member States unless properly marked. |
| Article 3(8) | Importation of 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 | 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 | 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 | 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 | 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 | Restriction on the use of eggs withdrawn from an incubator. | ||
| Article 8(1) | Obligation on hatcheries to provide monthly reports. |
SCHEDULE 2 — COMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE
PART 1 — PROVISIONS OF THE SINGLE CMO REGULATION
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of the Single CMO Regulation | Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1 | Subject matter |
| Article 113(3) insofar as it relates to the marketing of eggs | Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 | Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 589/2008. |
| Point II(1) of Part A of Annex XIV | Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008 | Quality grading. |
| Point II(2) of Part A of Annex XIV | Article 4(1) of Commission Regulation (EC) No. 589/2008 | Weight grading of class A eggs. |
| Point II(3) of Part A of Annex XIV | Prohibition on the delivery of class B eggs except to the food and non-food industry. | |
| Point III(1) of Part A of Annex XIV, first sub-paragraph | Point III(3) of Part A of Annex XIV to the Single CMO Regulation and Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008 | Marking of class A eggs. |
| Point III(1) of Part A of Annex XIV, second sub-paragraph | Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008 and regulation 9(1) | Marking of class B eggs. |
| Point III(2) of Part A of Annex XIV | Point III(1) of Part A of Annex XIV to the Single CMO Regulation | Place at which eggs are marked. |
| Point III(3) of Part A of Annex XIV, first sub-paragraph | Point III(1) of Part A of Annex XIV and the second sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation and regulation 8(2) | Marking of eggs sold by the producer to the final consumer at a local public market. |
| Point IV(1) of Part A of Annex XIV, third sentence | 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 the third country concerned have been found to offer sufficient guarantees as to equivalence with Community legislation. |
| Point IV(3) of Part A of Annex XIV | Article 30(2) 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 Community legislation have not been provided. |
PART 2 — PROVISIONS OF COMMISSION REGULATION (EC) No. 589/2008
| 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) | Point II(1) of Part A of Annex XIV, first indent, to the Single CMO Regulation | Quality characteristics of class A 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) | Point II(1) of Part A of Annex XIV, second indent, to the Single CMO Regulation | Quality characteristics of class B eggs. |
| Article 4(1) | Point II(2) of Part A of Annex XIV to the Single CMO Regulation 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 Directive 2000/13/EC | 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 Article 9(2) of Directive 2000/13/EC | Packs to be marked with date of minimum durability at the time of packing. |
| Article 7(1), first sub-paragraph | Article 7(1), second sub-paragraph, 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 Article 7(2), second sub-paragraph, 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 | Article 7(2), first sub-paragraph, first sentence, and second sub-paragraph, 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 | Article 7(2), first sub-paragraph, first sentence, and second sub-paragraph, 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 and packing. |
| Article 8(1) | Article 8(2) of Commission Regulation (EC) No. 589/2008 | Eggs 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) | Point III(1) of Part A of Annex XIV second sub-paragraph, of the Single CMO Regulation, 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/EC[^f00021] on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC | Producer code. |
| Article 10 | Point III(1) of Part A of Annex XIV, second sub-paragraph, to the Single CMO Regulation | 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) and Part A of Annex I, and Annex II, to Commission Regulation (EC) No. 589/2008, Article 2 of Council Regulation (EEC) No. 2092/91[^f00022] on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and regulations 9, 10 and 11 | 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 | Article 3(1)(5) of Directive 2000/13/EC | 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 feed. |
| 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) and (3)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) | Point IV(3) of Part A of Annex XIV 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 Community legislation have not been provided. |
Signed
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 18th November 2008.
Dr. John Speers — A senior officer of the Department of Agriculture and Rural Development
Explanatory note
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Footnotes
[^f00001]: S.I. 2000/2812
[^f00002]: 1972 c. 68
[^f00003]: O.J. No. L 299, 16.11.2007, p. 1, last amended by Council Regulation (EC) No. 510/2008 (O.J. No. L 149, 7.6.2008, p. 61)
[^f00004]: O.J. No. L 168, 28.6.2008, p. 5
[^f00005]: S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12)
[^f00006]: Article 47(3A) was inserted by paragraphs 26 and 40 of Schedule 5 to the Food Standards Act 1999 (c. 28)
[^f00007]: O.J. No. L 31, 1.2.2002, p. 1, last amended by Commission Regulation (EC) No. 202/2008 (O.J. No. L 60, 5.3.2008, p.17)
[^f00008]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51)
[^f00009]: Article 15(1) was amended by paragraphs 26 and 27 of Schedule 5 to the Food Standards Act 1999
[^f00010]: Article 16 was amended by paragraphs 26 and 27 of Schedule 5 to the Food Standards Act 1999
[^f00011]: Article 25 was amended by Schedule 6 to the Food Standards Act 1999
[^f00012]: Article 26(3) was amended by paragraphs 26, 33(1) and (5) of Schedule 5 to the Food Standards Act 1999
[^f00013]: Article 47(2) was amended by paragraphs 26 and 27 of Schedule 5 to the Food Standards Act 1999
[^f00014]: O.J. No. L 163, 24.6.2008, p. 6
[^f00015]: O.J. No. L 203, 3.8.1999, p. 53, last amended by Council Regulation (EC) No. 806/2003 (O.J. No. L 122, 16.5.2003, p. 1)
[^f00016]: O.J. No. L 109, 6.5.2000, p. 29, last amended by Commission Directive 2007/68/EC (O.J. No. L 310, 28.11.2007, p. 11)
[^f00017]: 1954 c. 33 (N.I.)
[^f00018]: Article 33 was amended by paragraph 19 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16)
[^f00019]: S.R. 1995 No. 382 as amended by S.R. 1997 No. 108, S.R. 1997 No. 451, S.R. 1998 No. 269 and S.R. 2006 No. 287
[^f00020]: S.R. 2008 No. 98
[^f00021]: O.J. No. L 30, 31.1.2002, p. 44, last amended by Commission Directive 2006/83/EC (O.J. No. L 362, 20.12.2006, p. 97)
[^f00022]: O.J. No. L 198, 22.7.1991, p. 1, last amended by Commission Regulation 404/2008 (O.J. No. L 120, 7.5.2008, p. 8)
Editorial notes
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