LegalizeThe Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005
Made: 8th June 2005
Laid before the Scottish Parliament: 9th June 2005
Coming into force: 1st July 2005
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Citation, commencement and extent
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Interpretation
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Requirements under the Council Decision
3
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Enforcement authorities
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Requirements relating to the enforcement of any specified Community provision
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Open air runs
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Establishments producing free range and barn eggs
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Marking of eggs for hatching
8
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Registration authority
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Keeping of records
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Offences and penalty
11
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Duty to give assistance and provide information
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Appeals
13
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Extended period for bringing prosecutions
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Application of various provisions of the Act
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Revocations
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SCHEDULE 1 — Community Provisions
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Regulations containing Community provisions | Provision | Subject matter |
| Council Regulation (EEC) No. 1907/90[^f00013] on certain marketing standards, as amended. | Article 2 | Restriction on marketing of eggs. |
| Article 3 | Restriction on mixing of specified kinds of eggs. | |
| Article 4 | Restriction on delivery of eggs. | |
| Article 5 | Requirements relating to grading of eggs. | |
| Article 6 | Requirements relating to classification of eggs. | |
| Article 7 | Requirements relating to stamping of eggs. | |
| Article 8 | Requirements relating to marking Class B eggs and downgrading Class A and washed eggs. | |
| Article 9 | Restriction on marking eggs. | |
| Article 10 | Requirements relating to information to be included on packs of eggs. | |
| Article 11 | Requirements relating to information to be included on packs of eggs. | |
| Article 12 | Requirements relating to use of “extra” or “extra fresh” on small packs. | |
| Article 13 | Requirements relating to retail sale of eggs. | |
| Article 14 | Prohibition on use of additional indications. | |
| Article 15 | Restrictions on the circulation of imported eggs. | |
| Article 16 | Requirements relating to eggs for export. | |
| Commission Regulation (EC) No. 2295/2003[^f00014] as amended, introducing detailed rules for implementing Regulation (EEC) No. 1907/90. | Article 1 | Requirements relating to the collection of eggs. |
| Article 2 | Requirements relating to the activities of packing centres. | |
| Article 3 | Requirements relating to collectors and packing centres. | |
| Article 4 | Requirements relating to approval of packing centres and registration of collectors. | |
| Article 5 | Requirements relating to Grade A eggs. | |
| Article 6 | Requirements relating to classification of Grade B eggs. | |
| Article 7 | Requirements relating to grading of Grade A and washed eggs and information to be displayed on packs. | |
| Article 8 | General requirements relating to marking of eggs. | |
| Article 9 | Requirements relating to marking the date of minimum durability of eggs. | |
| Article 10 | Requirements relating to marking the packing date. | |
| Article 11 | Requirements relating to the determination and marking of the recommended sell by date. | |
| Article 12 | Requirements relating to marking the laying date. | |
| Article 13 | Requirements relating to marking poultry rearing methods. | |
| Article 14 | Requirements relating to marking how laying hens are fed. | |
| Article 15 | Requirements relating to marking the origin of eggs. | |
| Article 16 | Requirements relating to marking imported eggs. | |
| Article 17 | Requirements relating to bands and labels for Grade A eggs. | |
| Article 18 | Requirements relating to bands and labels for eggs intended for the food industry. | |
| Article 19 | Requirements relating to bands and labels for industrial eggs. | |
| Article 20 | Requirements relating to eggs marked as “extra” . | |
| Article 21 | Requirements relating to repacking. | |
| Article 22 | Requirements relating to re grading eggs. | |
| Article 23 | Requirements relating to the re-use of packs for re-grading. | |
| Article 25 | Requirements relating to records to be kept by producers. | |
| Article 26 | Requirements relating to records to be kept by packing centres. | |
| Article 27 | Requirements relating to records to be kept by other operators. | |
| Article 35 | Requirements relating to the minimum net weight of eggs per large pack. | |
| Article 36 | Requirements relating to the quality of packs. | |
| Article 37 | Requirements relating to storage and transport conditions. | |
| Council Regulation (EEC) No. 2782/75[^f00015] on the production and marketing of eggs for hatching and farmyard poultry chicks as amended. | ||
| Article 5 | Requirements relating to marking, transportation and packing of eggs used for chick production. | |
| Article 6 | Requirements relating to the importation of eggs for hatching. | |
| Article 7 | Requirements relating to the keeping of registers by hatcheries. | |
| Article 8 | Restriction on use of incubated eggs withdrawn from the incubator. | |
| Article 9 | Requirements relating to monthly reporting by hatcheries and the collection of statistical data from other establishments. | |
| Article 11 | Requirements relating to packing of chicks. | |
| Article 12 | Requirements relating to the importation of chicks. | |
| Article 13 | Requirements relating to the documentation to accompany batches of eggs for hatching and chicks dispatched. | |
| Article 14 | Requirements relating to legibility and language of particulars and accompanying documents. | |
| Article 15 | Requirements relating to packages for export. | |
| Commission Regulation (EEC) No. 1868/77[^f00016] as amended laying down the detailed rules of application for Regulation (EEC) No. 2782/75 | Article 2 | Requirements relating to marking eggs for hatching with producer’s distinguishing number. |
| Article 3 | Requirements relating to markings packs of eggs for hatching. |
SCHEDULE 2 — Revocations
| The Eggs (Marketing Standards) Regulations 1995 | S.I. 1995/1544 |
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| The Eggs (Marketing Standards) (Amendment) Regulations 1996 | S.I. 1996/1725 |
| The Eggs (Marketing Standards) (Amendment) Regulations 1997 | S.I. 1997/1414 |
| The Eggs (Marketing Standards) (Amendment) Regulations 1998 | S.I. 1998/1665 |
Signed
ROSS FINNIE — A member of the Scottish Executive — 8th June 2005
Explanatory note
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Footnotes
[^f00001]: 1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3); sections 16(1) and (2), 19(1) and 48(1) were amended by the 1999 Act, section 40(1) and Schedule 5, paragraph 8, section 17(1) and (2) was amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12, section 26(3) was amended by the 1999 Act, section 40(4) and Schedule 6. Section 48(4A) was inserted by section 40(1) and paragraph 21 of Schedule 5 to the 1999 Act. Amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act, section 48(4) is disapplied in respect of these regulations by virtue of section 48(4C), inserted by S.I. 2004/2990. The functions of the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not transferred those functions under sections 6(4), 16(1), 17, 26 and 48(1) were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
[^f00002]: 1972 c. 68; section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
[^f00004]: O.J. No. L 340, 24.12.2003; p.16 as amended by Commission Regulation (EC) No. 818/2004, O.J. No. L 153, 30.4.2004, p.82 and Commission Regulation (EC) No. 1515/2004, O.J. No. L 278, 27.8.2004, p.7.
[^f00005]: O.J. No. L 203, 3.8.1999, p.53 as amended by Council Regulation (EC) No. 806/2003; O.J. No. L 122, 16.5.2003, p.1.
[^f00006]: O.J. No. L 209, 17.8.1977, p.1, as amended by Commission Regulation (EEC) No. 3759/85, O.J. No. L 356, 31.12.1985, p.64, Commission Regulation (EEC) No. 1351/87, O.J. No. L 127, 16.5.1987, p.18, Commission Regulation (EEC) No. 2773/90, O.J. No. L 267, 29.9.1990, p.25, Commission Regulation (EC) No. 3239/94, O.J. No. L 338, 28.12.1994, p.48.
[^f00007]: O.J. No. L 282, 1.11.1975, p.100, as amended by Council Regulation (EEC) No. 3485/80 O.J. No. L 365, 31.12.1980, p.1, Council Regulation (EEC) No. 3791/85, O.J. No. L 367, 31.12.1985, p.6, Council Regulation (EEC) No. 3494/86, O.J. No. L 323, 18.11.1986, p.1, Commission Regulation (EEC) No. 3987/87, O.J. No. L 376, 31.12.1987, p.20, Commission Regulation (EEC) No. 1057/91, O.J. No. L 107, 27.4.1991, p.11, and Commission Regulation (EC) No. 2916/95, O.J. No. L 305, 19.12.1995, p.49.
[^f00008]: O.J. No. L 173, 6.7.1990, p.5 as amended by Council Regulation (EEC) No. 2617/93, O.J. No. L 240, 25.9.1993, p.1, Council Regulation (EC) No. 3117/94 O.J. No. L 330, 21.12.1994, p.4, Council Regulation (EC) No. 818/96, O.J. No. L 111, 4.5.1996, p.1, Council Regulation (EC) No. 5/2001, O.J. No. L 2, 5.1.2001, p.1, and Council Regulation (EC) No. 2052/2003, O.J. No. L 305, 22.11.2003, p.1.
[^f00009]: Section 21 has been amended by S.I. 2004/3279.
[^f00010]: Section 35(3) has been amended by S.I. 2004/3279.
[^f00011]: Section 36A was inserted by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 16.
[^f00012]: Section 50 was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 16, paragraph 18.
[^f00013]: O.J. No. L 173, 6.7.1990, p.5 as amended by Council Regulation (EEC) No. 2617/93, O.J. No. L 240, 25.9.1993, p.1, Council Regulation (EC) No. 3117/94 O.J. No. L 330, 21.12.1994, p.4, Council Regulation (EC) No. 818/96, O.J. No. L 111, 4.5.1996, p.1, Council Regulation (EC) No. 5/2001, O.J. No. L 2, 5.1.2001, p.1, Council Regulation (EC) No. 2052/2003, O.J. No. L 305, 22.11.2003, p.1.
[^f00014]: O.J. No. L 340, 24.12.2003, p.16 as amended by Commission Regulation (EC) No. 818/2004. O.J. No. L 153, 30.4.2004, p.82 and Commission Regulation (EC) No. 1515/2004 O.J. No. L 278, 27.8.2004, p.7.
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