The Eggs and Chicks (Scotland) (No. 2) Regulations 2008

Made: 26th November 2008

Laid before the Scottish Parliament: 27th November 2008

Coming into force: 19th December 2008

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 , and by sections 6(4), 16(1), 17, 26(2) and (3) and 48(1) of the Food Safety Act 1990 , and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act, and it appears to the Scottish Ministers that it is expedient for the references in regulation 2(1) of these Regulations to certain Community instruments to be references to those instruments as amended from time to time.

To the extent that these Regulations are made in exercise of powers under the 1990 Act, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of that Act.

The Scottish Ministers have carried out consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

PART 1 — General

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Eggs and Chicks (Scotland) (No. 2) Regulations 2008.

• (2) These Regulations come into force on 19th December 2008.

• (3) These Regulations extend to Scotland only.

Interpretation

2

• (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. 617/2008” means Commission Regulation (EC) No. 617/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks , as amended from time to time;

• “Commission Regulation (EC) No. 589/2008” means Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs , as amended from time to time;

• “Single CMO Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) , as amended from time to time;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Council Regulation 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 , as amended from time to time,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “eggs”—has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008 in the definition of “Commission Regulation (EC) No. 589/2008” in this regulation, regulations 3(1)(b), (2)(b) and (c), Part 3, regulations 13, 15 and 17(2)(b) and Schedule 2 to these Regulations; andmeans eggs to which Regulation (EC) No. 2160/2003 applies as read with the exception in Article 1(3) of Regulation (EC) No. 2160/2003 in regulation 3(1)(c), Part 3A, regulation 13A, 15A and Schedule 2A to these Regulations;

• “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 15 or 15A;

• “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” has the same meaning as in section 5(2) of the Act;

• “hatchery” has the meaning given by Article 1(3)(c) of Commission Regulation (EC) No. 617/2008;

• “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; and

• “production site” has the meaning given by sub paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008.

• “Regulation (EC) No. 2160/2003” means Regulation (EC) No. 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents , as last amended by Council Regulation (EU) No 517/2013;

• “Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ... , as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council.

• “the Scottish welfare regulations” means the Welfare of Farmed Animals (Scotland) Regulations 2010, and

• “third country” means any country or territory other than—the United Kingdom,the Bailiwick of Guernsey,the Bailiwick of Jersey, andthe Isle of Man.

• (2) Any expression not defined in paragraph (1) and 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 not defined in paragraph (1) and used in regulation 3(2) or Part 3 of, or Schedule 2 to, these Regulations and in Part VI of Annex VII to Council Regulation 2013 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 reference to a contravention of or failure to comply with any provision mentioned in Schedule 1 means a contravention or failure to comply with any provision of–

• (a) 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) Commission Regulation (EC) No. 617/2008 mentioned 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 ... or the Council Regulation 2013 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;

• (5) Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 2 means a contravention of or failure to comply with any provision of–

• (a) the Council Regulation 2013 mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or

• (b) Commission Regulation (EC) No. 589/2008 mentioned in column 1 of Part 2 of Schedule 2, 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 2A means a contravention of or failure to comply with any provision of Regulation (EC) No. 2160/2003 mentioned in column 1 of Schedule 2A.

Products to which these Regulations apply

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• (1) These Regulations apply to–

• (a) eggs for hatching and chicks to which point I(1) of Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008 apply; and

• (b) eggs to which point I(1) of Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008 apply (eggs in shell for consumption produced by hens of the species Gallas gallas).

• (c) eggs to which Regulation (EC) No. 2160/2003 applies as read with the exception in Article 1(3) of Regulation (EC) No. 2160/2003.

• (2) But Parts 2 and 3 of these Regulations do not apply to–

• (a) establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation;

• (b) the sale of eggs to which point I(1) of Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer–

• (i) on the production site; or

• (ii) by door to door selling in the region of production; or

• (c) except in so far as they relate to the requirement imposed by point III(3) of Part VI of Annex VII to Council Regulation 2013, the sale of eggs to which point I(1) of Part VI of Annex VII to that Regulation and Commission Regulation (EC) No. 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.

• (3) In paragraph (2)(b)(ii) “door to door selling” means a sale which is made during an unsolicited visit by a producer to the home of the final consumer, or to the home of another person, or to the place of work of the final consumer.

PART 2 — Eggs for hatching and chicks

Compliance with Community provisions on eggs for hatching and chicks

4

Any person who contravenes, or fails to comply with, any provision mentioned in Schedule 1 commits an offence.

Registration of establishments

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• (1) The Scottish Ministers are designated as the competent authority for the purpose of Article 2(1) of Commission Regulation (EC) No. 617/2008 (registration of pedigree breeding establishments, breeding establishments and hatcheries).

• (2) Where an application is made to the Scottish Ministers pursuant to Article 2(1) of Commission Regulation (EC) No. 617/2008, they must notify the applicant in writing of the matters specified in paragraph (3) within 28 days.

• (3) The specified matters for the purpose of paragraph (2) are–

• (a) the decision of the Scottish Ministers on the application;

• (b) the reasons for any refusal to grant the application; and

• (c) in the case of any refusal to grant the application, the right of appeal conferred by regulation 17.

• (4) Where the Scottish Ministers decide to withdraw a registration of an establishment because of a contravention of or failure to comply with any provision mentioned in Schedule 1, they must notify the person carrying on business at the establishment in writing of the matters specified in paragraph (5) within 28 days.

• (5) The specified matters for the purpose of paragraph (4) are–

• (a) the decision of the Scottish Ministers to withdraw the registration;

• (b) the date on which the withdrawal of the registration is to take effect;

• (c) the reasons for the withdrawal; and

• (d) the right of appeal conferred by regulation 17.

• (6) For the purposes of calculating the 28 day time limit specified in paragraph (2) no account is to be taken of any period–

• (a) during which the Scottish Ministers request an applicant to provide further data and the data have not been provided;

• (b) that the applicant is given–

• (i) to provide oral or written explanations; or

• (ii) to comply with any requirement laid down in Commission Regulation (EC) No. 617/2008.

• (7) In this regulation anything to be done in writing–

• (a) may be done by an electronic communication within the meaning of the Electronic Communications Act 2000 if it is recorded and is subsequently capable of being reproduced;

• (b) must only, unless it is an application under paragraph (2), be sent to a person as an electronic communication if that person has consented to the use of that method of communication;

• (c) if done by electronic communication shall be regarded as sent when the text of it is received in legible form.

Derogation relating to the marking of eggs for hatching

6

Eggs for hatching may be marked in a different manner from that specified in Article 3(2) of Commission Regulation (EC) No. 617/2008 if the marking–

• (a) is in black, indelible, clearly visible and at least 10mm2; and

• (b) is carried out prior to insertion into the incubator, either at the producer establishment or at a hatchery.

PART 3 — Eggs in shell for consumption

Compliance with Community provisions on eggs in shell for consumption

7

Any person who contravenes, or fails to comply with, any provision mentioned in Schedule 2 commits an offence.

Authorisation of packing centres to grade eggs

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• (1) The Scottish Ministers are designated as the competent authority for the purpose of the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 (authorisation of undertakings as packing centres to grade eggs).

• (2) Where an application is made to the Scottish Ministers under the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008 to authorise an undertaking as a packing centre to grade eggs, they must notify the applicant in writing of the matters specified in paragraph (3) within 28 days.

• (3) The specified matters for the purpose of paragraph (2) are–

• (a) the decision of the Scottish Ministers on the application;

• (b) the reasons for any refusal to grant an authorisation; and

• (c) in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 17.

• (4) Where the Scottish Ministers decide to withdraw an authorisation of a packing centre to grade eggs because of a contravention of or failure to comply with any of the requirements mentioned in the first sub paragraph of Article 5(2) of Commission Regulation (EC) No. 589/2008, they must notify the person carrying on business at the packing centre in writing of the matters specified in paragraph (5) within 28 days.

• (5) The specified matters for the purpose of paragraph (4) are–

• (a) the decision of the Scottish Ministers to withdraw the authorisation;