The Eggs and Chicks (Wales) Regulations 2010

Made: 22 June 2010

Laid before the National Assembly for Wales: 25 June 2010

Coming into force: 16 July 2010

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Welsh Ministers 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—Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs; andCommission Regulation (EC) No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Welsh Ministers 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—

Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs; and

Commission Regulation (EC) No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as 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 1990 , the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of 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 178/2002 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.

Accordingly, the Welsh 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; andsections 6(4) , 16(1) , 17 , 26 and 48(1) of the Food Safety Act 1990 and now vested in the Welsh Ministers .

Accordingly, the Welsh 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

sections 6(4) , 16(1) , 17 , 26 and 48(1) of the Food Safety Act 1990 and now vested in the Welsh Ministers .

PART 1 — General

Title, commencement and application

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• (1) The title of these Regulations is the Eggs and Chicks (Wales) Regulations 2010 and they come into force on 16 July 2010.

• (2) They apply in relation to Wales.

Revocation

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The Eggs and Chicks (Wales) Regulations 2009 Regulations are revoked.

Interpretation

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• (1) In these Regulations—

• “the Act” (“y Ddeddf”) means the Food Safety Act 1990;

• “the animal welfare regulations” (“y rheoliadau lles anifeiliaid”) means the Welfare of Farmed Animals (Wales) Regulations 2007;

• “authorised officer” (“swyddog awdurdodedig”) 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” (“sefydliad bridio”) has the meaning given by Article 1(3)(b) of Commission Regulation (EC) No 617/2008;

• “chicks” (“cywion”) has the meaning given by Article 1(2) of Commission Regulation (EC) No 617/2008;

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

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

• ...

• ...

• “door-to-door selling” (“gwerthu o dŷ i dŷ”) 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” (“wyau”) 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” (“wyau deor”) has the meaning given by Article 1(1) of Commission Regulation (EC) No 617/2008;

• “enforcement authority” (“awdurdod gorfodi”) means an authority exercising a function conferred on it by regulation 17;

• “final consumer” (“defnyddiwr terfynol”) has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;

• “food authority” (“awdurdod bwyd”) means a county council or a county borough council;

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

• “local public market” (“marchnad gyhoeddus leol”), in relation to eggs laid at a production site, means—a public market that is within an 80 kilometre radius of the boundary of the production site; orwhere 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” (“marchnad”), when used as a noun, means—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; anda temporary market—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; andfor which any notice required under section 37(2) of the Local Government (Miscellaneous Provisions) Act 1982 has been given;

• “officer” (“swyddog”)—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; andin 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” (“canolfan becynnu”) 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” (“sefydliad bridio pedigri”) has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No 617/2008;

• “penalty” (“cosb”) means the amount specified in a penalty notice;

• “penalty notice” (“hysbysiad cosb”) 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” (“tramgwydd cosb”) means an offence for which a penalty notice may be given under regulation 30;

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

• ...

• “region of production” (“rhanbarth cynhyrchu”), in relation to eggs produced at a production site in Wales, and marketed by the producer direct to a final consumer by door-to-door selling or at a local public market, means— the area within a 80 kilometre radius of the boundary of the production site; andany part of Wales that is outside that 80 kilometre radius;

• “Regulation (EC) No 2160/2003” (“Rheoliad (EC) Rhif 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;

• “Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 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;

• “Regulation (EU) 2013” (“Rheoliad (EU) 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, as amended from time to time; ...

• “Single CMO Regulation” (“y Rheoliad Sengl CMO”) 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;

• “third country” (“trydedd wlad”) means any country or territory other than—the United Kingdom;the Bailiwick of Guernsey;the Bailiwick of Jersey;the Isle of Man.

• (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 VI of Annex VII to Regulation (EU) 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 expression which is not defined in paragraph (1) but is used in Schedule 3 to these Regulations and in Regulation (EC) No 2160/2003 has 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) any provision of the Single CMO Regulation or Regulation (EU) 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; or

• (b) any provision of 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.

• (6) 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–

• (a) any provision of the Single CMO Regulation or Regulation (EU) 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) any provision of 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.

• (7) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 3 means a contravention of, or failure to comply with, any provision of Regulation (EC) No 2160/2003 mentioned in column 1 of Schedule 3, as read with any provision mentioned in the corresponding entry in column 2 of that Schedule.

PART 2 — Eggs for hatching and chicks

Application of this Part

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• (1) This Part applies to 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.

• (2) But it does not apply to establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation.

Compliance with Community provisions

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A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 1.

Registration of pedigree breeding establishments, breeding establishments and hatcheries

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

• (2) Where an application is made to the Welsh Ministers pursuant to Article 2(1) of Commission Regulation (EC) No 617/2008, the Welsh Ministers must give a notice to the applicant notifying them of the matters mentioned in paragraph (3) within a period of 28 days, beginning with the day after the day on which the Welsh Ministers receive the application.

• (3) The matters are—

• (a) the Welsh Ministers' decision 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 23 of these Regulations.

• (4) Where the Welsh Ministers are not satisfied that an application should be granted, they may (before making a final decision about whether or not to refuse the application) give a notice to the applicant notifying them of the reason for this, and—

• (a) where the Welsh Ministers are not satisfied with the sufficiency of the data provided in support of the application, the Welsh Ministers may ask the applicant to provide further data;

• (b) where the Welsh Ministers are not satisfied that all of the provisions mentioned in Schedule 1 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, the Welsh Ministers may ask the applicant to take specified steps to ensure that those provisions will be complied with; and

• (c) the Welsh Ministers may give the applicant an opportunity to provide oral or written explanations to them in respect of the application.