The Eggs and Chicks (Scotland) Regulations 2008

Regulation 22

SCHEDULE 3CONSEQUENTIAL AMENDMENTS

The Colours in Food Regulations 1995

1.  In the Colours in Food Regulations 1995(2), for regulation 5(b) (use of colours on eggshells) substitute–

“(b)the marking (as provided for by Council Regulation (EC) No. 1028/2006 on marketing standards for eggs)(3),”.

The Food Labelling Regulations 1996

2.  In the Food Labelling Regulations 1996(4)–

(a)for regulation 4(2)(f) (disapplication of labelling requirements) substitute–

“(f)hen eggs, in so far as their labelling is regulated in Council Regulation (EC) No. 1028/2006 on marketing standards for eggs and Commission Regulation (EC) No. 557/2007 laying down detailed rules for implementing Council Regulation (EC) No. 1028/2006 on marketing standards for eggs(5);”; and

(b)in regulation 45 (enforcement)–

(i)for sub paragraph (1) substitute–

“(1) Subject to paragraphs (2) and (2A) of this regulation, each food authority shall enforce and execute these Regulations in its area.”; and

(ii)after sub paragraph (2) insert–

“(2A) The Scottish Ministers–

(a)may in relation to hen eggs for retail sale or sale to a mass caterer and to which Council Regulation (EC) No. 1028/2006 on marketing standards for eggs and Commission Regulation (EC) No. 557/2007 laying down detailed rules for implementing Council Regulation (EC) No. 1028/2006 on marketing standards for eggs, apply, enforce and execute the provisions of these Regulations which relate to the particulars listed at points (1), (4) and (7) of Article 3(1) of Directive 2000/13/EC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(6); and

(b)must in relation to hen eggs not for retail sale or sale to a mass caterer and to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply, enforce and execute the provisions of these Regulations which relate to the particulars listed at points (1), (4) and (7) of Article 3(1) of Directive 2000/13/EC.

(2B) In this regulation–

“mass caterer” means any of the entities referred to in Article 1(2) of Directive 2000/13/EC;

“retail sale” means any sale other than a sale for use or resale in the course of a trade or business; and

“sale” includes possession for sale and offer, exposure and advertisement for sale.”.

The Food Hygiene (Scotland) Regulations 2006

3.  In the Food Hygiene (Scotland) Regulations 2006(7) for paragraph 2(2)(g) of Schedule 4 (chilled and hot holding requirements) to those Regulations substitute–

“(g)to which Council Regulation (EC) No. 1028/2006 on marketing standards for eggs applies.”.

The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006

4.  In article 2 (interpretation) of the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006(1) for the definition of “packing centre” substitute–

““packing centre” has the same meaning as in Article 2(7) of Council Regulation (EC) No. 1028/2006 of 19th June 2006 on marketing standards for eggs;”.

The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006

5.  In regulation 2 (interpretation) of the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006(8) for the definition of “packing centre” substitute–

““packing centre” has the same meaning as in Article 2(7) of Council Regulation (EC) No. 1028/2006 of 19th June 2006 on marketing standards for eggs;”.