The Eggs and Chicks (Scotland) Regulations 2008

PART 1General

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Eggs and Chicks (Scotland) Regulations 2008.

(2) These Regulations come into force on 27th April 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 Council Regulation 2782/75;

“chicks” has the meaning given by Article 1(2) of Council Regulation 2782/75(1);

“Commission Regulation 1868/77” means Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75 on the production and marketing of eggs for hatching and of farmyard poultry chicks(2), as amended from time to time;

“Commission Regulation 557/2007” means Commission Regulation (EC) No. 557/2007 laying down detailed rules for implementing Council Regulation (EC) No. 1028/2006 on marketing standards for eggs(3), as amended from time to time;

“Council Directive 1999/74/EC” means Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens(4);

“Council Regulation 2782/75” means Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks(5);

“Council Regulation 1028/2006” means Council Regulation (EC) No. 1028/2006 on marketing standards for eggs(6), as amended from time to time;

“Directive 2000/13/EC” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(7);

“eggs” has the meaning given by Article 2(1) of Council Regulation 1028/2006;

“eggs for hatching” has the meaning given by Article 1(1) of Council Regulation 2782/75(8);

“enforcement authority” means an authority exercising a function conferred on it by regulation 15;

“final consumer” has the meaning given by Article 2(8) of Council Regulation 1028/2006;

“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 Council Regulation 2782/75;

“packing centre” has the meaning given by Article 2(7) of Council Regulation 1028/2006;

“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Council Regulation 2782/75; and

“production site” has the meaning given by Article 2(6) of Council Regulation 1028/2006.

(2) Any expression not defined in paragraph (1) and used in Part 2 of, or Schedule 1 to, these Regulations, and in Council Regulation 2782/75, has the same meaning in said Part 2 or Schedule 1 as it does in that Council 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 Council Regulation 1028/2006 or Commission Regulation 557/2007, has the same meaning in said regulation 3(2), Part 3 or Schedule 2 as it does in that Council or Commission Regulation.

(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)Council Regulation 2782/75 mentioned in column 1 of Part 1 of Schedule 1; or

(b)Commission Regulation 1868/77 mentioned in column 1 of Part 2 of Schedule 1,

as read with any provision mentioned in any corresponding entry in column 2 of the 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)Council Regulation 1028/2006 mentioned in column 1 of Part 1 of Schedule 2; or

(b)Commission Regulation 557/2007 mentioned in column 1 of Part 2 of Schedule 2,

as read with any provision mentioned in any corresponding entry in column 2 of the Part.

Products to which these Regulations apply

3.—(1) These Regulations apply to–

(a)eggs for hatching and chicks to which Council Regulation 2782/75 and Commission Regulation 1868/77 apply; and

(b)eggs to which Council Regulation 1028/2006 and Commission Regulation 557/2007 apply (eggs in shell produced for consumption by hens of the species Gallus gallus).

(2) But they do not apply to–

(a)the sale of eggs to which Council Regulation 1028/2006 and Commission Regulation 557/2007 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

(b)the sale of eggs to which Council Regulation 1028/2006 and Commission Regulation 557/2007 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, except insofar as they relate to the requirement imposed by Article 4(3) of Council Regulation 1028/2006 to mark such eggs in accordance with Article 4(1) of that Regulation.

(3) In paragraph (2)(a)(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.