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The Eggs and Chicks (Scotland) Regulations 2008 (revoked)
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Changes over time for: The Eggs and Chicks (Scotland) Regulations 2008 (revoked) (Schedules only)
Version Superseded: 19/12/2008
Alternative versions:
- 27/04/2008- Amendment
- 27/04/2008
Point in time - 19/12/2008- Amendment
Status:
Point in time view as at 27/04/2008.
Changes to legislation:
There are currently no known outstanding effects for the The Eggs and Chicks (Scotland) Regulations 2008 (revoked).
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Regulation 4
SCHEDULE 1SCOMMUNITY PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS
PART 1 SPROVISIONS OF COUNCIL REGULATION 2782/75
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Council Regulation 2782/75 | Provisions to be read with the provision mentioned in column 1 | Subject matter |
| Article 2(1) | Article 2(2)of Council Regulation 2782/75 | Prohibition on the marketing and transportation of eggs for hatching and of chicks, and on the incubation of eggs for hatching, for trade or commercial purposes except in accordance with the provisions of Council Regulation 2782/75. |
| Article 3, first sub paragraph | Requirement relating to the registration of pedigree breeding establishments, breeding establishments and hatcheries. | |
| Article 5(1) M1 | Article 2 of Commission Regulation 1868/77 | Requirement relating to the individual marking of eggs for hatching, for chick production. |
| Article 5(2) M2 | Article 5(3) of Council Regulation 2782/75, and Article 3 M3 of Commission Regulation 1868/77 | Requirement relating to the packs used for the transportation of eggs for hatching. |
| Article 6 | Requirements relating to the importation of eggs for hatching from a third country. | |
| Article 7 | Requirements relating to keeping of registers by hatcheries. | |
| Article 8 | Restriction on the use of eggs withdrawn from an incubator. | |
| Article 9(1) | Obligation on hatcheries to provide monthly reports. | |
| Article 11(1) | Requirements relating to the packing of chicks by species, type and category of poultry. | |
| Article 11(2) | Requirements relating to the content and marking of boxes of chicks. | |
| Article 12 | Article 11(1) of Council Regulation 2782/75 | Requirements relating to the importation of chicks from a third country. |
| Article 13(1) | Requirements relating to the documentation that must accompany batches of eggs for hatching or chicks. | |
| Article 13(2) | Article 13(1) of Council Regulation 2782/75 | Requirement relating to the documentation that must accompany batches of eggs for hatching and chicks imported from a third country. |
| Article 14, first sub paragraph | Requirement relating to legibility of particulars. | |
| Article 14, second sub paragraph | Requirement for particulars and accompanying documents to be written in at least one Community language. | |
| Article 15 | Requirements relating to the particulars which may be included on packages for export to a third country. |
Marginal Citations
M1Article 5(1) was substituted by Council Regulation (EEC) No. 3494/86 (O.J. No. L 323, 18.11.1986, p.1).
M2Article 5(2) was amended by Council Regulation (EC) No. 1791/2006 (O.J. No. L 363, 20.12.2006, p.1).
PART 2 SPROVISIONS OF COMMISSION REGULATION 1868/77
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Commission Regulation 1868/77 | Provisions to be read with the provision mentioned in column 1 | Subject matter |
| Article 2(1) | Article 2(2) of Commission Regulation 1868/77 and regulation 6 | Requirements relating to the individual marking of eggs for hatching used for chick production. |
| Article 2(3) | Article 2(1) and (2) of Commission Regulation 1868/77, and regulation 6 | Prohibition on transporting or trading eggs for hatching between Member States unless properly marked. |
| Article 3 | Article 5(2) of Council Regulation 2782/75 and Article 2(2), second sub paragraph, of Commission Regulation 1868/77 | Requirements relating to the manner in which markings are to be made on packs. |
Regulation 7
SCHEDULE 2SCOMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION
PART 1 SPROVISIONS OF COUNCIL REGULATION 1028/2006
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Council Regulation 1028/2006 | Provisions to be read with the provision mentioned in column 1 | Subject matter |
| Article 3(1) | Article 2(1) and (4) of Commission Regulation 557/2007 | Requirement to grade eggs by quality. |
| Article 3(2) | Article 4(1) of Commission Regulation 557/2007 | Requirement to grade class A (“fresh”) eggs by weight. |
| Article 3(3) | Prohibition on the delivery of class B eggs except to the food and non food industry. | |
| Article 4(1), first sub paragraph | Article 4(3) of Council Regulation 1028/2006, and Articles 9(1) and 11 of Commission Regulation 557/2007 | Requirement relating to the marking of class A eggs. |
| Article 4(1), second sub paragraph | Article 4(1), third sub paragraph, of Council Regulation 1028/2006, Articles 9, 10 and 11 of Commission Regulation 557/2007, andregulation 9(1) | Requirement relating to the marking of class B eggs. |
| Article 4(2) | Article 4(1) of Council Regulation 1028/2006 | Requirement relating to the place at which eggs are marked. |
| Article 4(3), first sub paragraph | Article 4(1) and Article 4(3), second sub paragraph, of Council Regulation 1028/2006, andregulation 9(2) | Requirement relating to the marking of eggs sold by a producer to the final consumer at a local public market. |
| Article 5(1) | Article 5 of Commission Regulation 557/2007 | Requirement relating to the grading and packing of eggs and the labelling of packs by packing centres. |
| Article 6(1) | Article 30(2) of Commission Regulation 557/2007 | Requirement relating to the marking of eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found to offer sufficient guarantees as to equivalence with Community legislation. |
| Article 6(3) | Article 30(2) and (3) of Commission Regulation 557/2007 | Requirement relating to the marking of eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found not to offer sufficient guarantees as to equivalence with Community legislation. |
PART 2 SPROVISIONS OF COMMISSION REGULATION 557/2007
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Commission Regulation 557/2007 | Provisions to be read with the provision mentioned in column 1 | Subject matter |
| Article 2(1) | Article 3(1), first indent, of Council Regulation 1028/2006 | Requirements as to quality characteristics of class A (“fresh”) eggs. |
| Article 2(2) | Article 3 of Commission Regulation 557/2007 | Prohibition on the washing and cleaning of class A eggs before or after grading. |
| Article 2(3) | Prohibition on the treatment of class A eggs for preservation or the chilling of eggs in premises or plants where the temperature is artificially maintained at less than 5°C. | |
| Article 4(1) | Article 3(2) of Council Regulation 1028/2006, and Article 4(3) of Commission Regulation 557/2007 | Requirements relating to the grading of class A eggs by weight. |
| Article 4(2) | Article 4(1) of Commission Regulation 557/2007, andDirective 2000/13/EC | Requirements relating to indication of weight grading. |
| Article 4(3) | Article 4(1) of Commission Regulation 557/2007 | Requirement for the minimum net weight in grams and the indication “eggs of different sizes” or equivalent terms to be given on the outer surface of a pack of class A eggs of different sizes. |
| Article 5(3) | Requirement for packing centres to have the technical equipment necessary to ensure that eggs are handled properly. | |
| Article 6(1) | Requirement for eggs to be graded, marked and packed within 10 days of laying. | |
| Article 6(2) | Article 14 of Commission Regulation 557/2007 | Requirement for class A eggs marketed as “extra” or “extra fresh” eggs to be graded, marked and packed within four days of laying. |
| Article 6(3) | Article 12(1)(d) of Commission Regulation 557/2007, andArticle 9(2) of Directive 2000/13/EC | Requirement for packs to be marked as required by Article 12(1)(d) of Commission Regulation 557/2007 at the time of packing (“best before” date). |
| Article 7(1), first sub paragraph | Article 7(1), second sub paragraph, of Commission Regulation 557/2007 | Requirement for producers to identify each transport packaging containing eggs with certain information. |
| Article 7(2), first sub paragraph, first sentence | Article 7(1) and (2), second sub paragraph, of Commission Regulation 557/2007 | Requirement to apply the information specified in Article 7(1) of Commission Regulation 557/2007 to each transport packaging containing eggs and to include that information in accompanying documents. |
| Article 7(2), first sub paragraph, second sentence | Article 7(2), first sub paragraph, first sentence, and second subparagraph, of Commission Regulation 557/2007 | Requirement for any intervening operator to whom eggs are delivered to keep a copy of the documents specified in the first sentence of the first sub paragraph of Article 7(2) of Commission Regulation 557/2007. |
| Article 7(2), first sub paragraph, third sentence | Article 7(2), first sub paragraph, first sentence, and second sub paragraph, of Commission Regulation 557/2007 | Requirement for the original documents referred to in the first sentence of the first sub paragraph of Article 7(2) of Commission Regulation 557/2007 to be kept by the packing centre that grades the eggs to which the documents relate. |
| Article 7(3) M4 | Article 7(1) of Commission Regulation 557/2007 | Prohibition on the modification or removal of the information referred to in Article 7(1) of Commission Regulation 557/2007 on the transport packaging of eggs until the removal of the eggs for immediate grading, marking and packing. |
| Article 8(1) | Article 8(2) of Commission Regulation 557/2007 | Requirement for eggs delivered from a production site to a collector, packing centre or non food industry in another Member State to be marked with the producer code before leaving the production site, except where an exemption has been granted under Article 8(2) of Commission Regulation 557/2007. |
| Article 8(2), last sentence | Requirement for a copy of the delivery contract to accompany a consignment of eggs for which an exemption has been granted under Article 8(2) of Commission Regulation 557/2007. | |
| Article 8(5) | Article 4(1), second sub paragraph, of Council Regulation 1028/2006, and Article 10 of Commission Regulation 557/2007 | Requirement relating to the marking of class B eggs for marketing in another Member State. |
| Article 9(1) | Point 2 of the Annex to Directive 2002/4/EC on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC M5 | Requirement relating to the producer code. |
| Article 10 | Article 4(1), second sub paragraph, of Council Regulation 1028/2006 | Requirement as to indications other than the producer code on class B eggs. |
| Article 12(1) | Requirement to mark packs containing class A eggs with the information specified in Article 12(1) of Commission Regulation 557/2007. | |
| Article 12(2) first and second sub paragraphs | Article 12(1) of, Part A of Annex I, and Annex II to Commission Regulation 557/2007,Article 2 of Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs M6, andregulations 10, 11 and 12 | Requirement for farming method to be shown on the outer surface of packs containing class A eggs. |
| Article 12(2) third sub paragraph | Article 9(1) of Commission Regulation 557/2007 | Requirement for the producer code to be explained on or inside packs. |
| Article 12(2) fourth sub paragraph | Part B of Annex I to Commission Regulation 557/2007, andChapter III of Council Directive 1999/74/EC | Requirement relating to the use of an indication listed in Part B of Annex I to Commission Regulation 557/2007. |
| Article 12(4) | Requirement to mark packs containing class B eggs with the information specified in Article 12(4) of Commission Regulation 557/2007. | |
| Article 13 | Article 3(1)(5) of Directive 2000/13/EC | Requirements relating to the date of minimum durability. |
| Article 14(1) | Requirements relating to the use of the words “extra” and “extra fresh” as an additional quality indication on packs containing class A eggs. | |
| Article 14(2) | Article 14(1) of Commission Regulation 557/2007 | Requirement to show the laying date and the nine day time limit specified in Article 14(1) of Commission Regulation 557/2007 where the words “extra” or “extra fresh” are used as an additional quality indication on packs containing class A eggs. |
| Article 15 | Requirements relating to any reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed. | |
| Article 16 | Requirements relating to the information to be given for loose egg sales. | |
| Article 17 | Chapter X of Annex II to Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M7 | Requirements relating to the quality of packs. |
| Article 18 | Requirements relating to the packaging containers in which industrial eggs are marketed. | |
| Article 19 | Requirements relating to the repacking of class A eggs. | |
| Article 20(1) | Article 20(4) of Commission Regulation 557/2007 | Requirement for producers to record certain information on farming methods. |
| Article 20(2) | Articles 15 and 20(4) of Commission Regulation 557/2007, andPart A.III of Annex I to Regulation (EC) No. 852/2004 | Requirement for producers to record certain information where the feeding method is indicated. |
| Article 20(3) | Article 20(1) and 20(2) of Commission Regulation 557/2007 | Requirement for information recorded by producers under Article 20(1) and (2) of Commission Regulation 557/2007 to be broken down by hen house where a producer uses different farming methods on a single production site. |
| Article 21(1) | Article 21(2) of Commission Regulation 557/2007 | Requirement for collectors to record certain information on eggs collected and delivered by them. |
| Article 22(1), first sub paragraph | Article 22(3) of Commission Regulation 557/2007 | Requirement for packing centres to keep certain records. |
| Article 22(1), second sub paragraph | Requirement for packing centres to update their physical stock records each week. | |
| Article 22(2) | Articles 15 and 22(1) of Commission Regulation 557/2007 | Requirement for packing centres to keep separate records where class A eggs and their packs bear an indication of how laying hens are fed. |
| Article 23 | Articles 7(2), 20, 21 and 22 of Commission Regulation 557/2007 | Requirement to keep certain records and files for at least 12 months. |
| Article 24(2), second sentence | Articles 20, 21 and 22 of Commission Regulation 557/2007 | Requirement to make certain records available to the inspection services on first request. |
| Article 30(2) M8 | Requirement for eggs imported from third countries to have been clearly and legibly marked in accordance with the ISO 3166 country code. | |
| Article 30(3) | Article 6(3) of Council Regulation 1028/2006 | Requirement relating to the marking of packs containing eggs imported from a third country where the rules applied in relation to those eggs in the third country concerned have been found not to offer sufficient guarantees as to equivalence with Community legislation. |
Marginal Citations
M4Article 7(3) was substituted by Commission Regulation 1336/2007 (O.J. No. L 298, 16.11.2007, p.3).
M5O.J. No. L 30, 31.1.2002, p.44. The 2002 Directive was amended by Commission Directive 2006/83/EC (O.J. No. L 362, 20.12.2006, p.97).
M6O.J. No. L 198, 22.7.1991, p.1. The Regulation was last amended by Council Regulation 1319/2007 (O.J. No. L 293, 10.11.2007, p.3), and is repealed as from 1st January 2009 by Council Regulation (EC) No. 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) 2092/91 (O.J. No. L 189, 20.7.2007, p.1) (“Regulation 834/2007”). Article 39(2) of Regulation 834/2007 provides that references to the repealed Regulation (EEC) No. 2092/91 shall be construed as references to Regulation 834/2007.
M7O.J. No. L 139, 30.4.2004, p.1.
M8Article 30(2) was substituted by Commission Regulation 1336/2007.
Regulation 22
SCHEDULE 3SCONSEQUENTIAL AMENDMENTS
The Colours in Food Regulations 1995S
1. In the Colours in Food Regulations 1995 M9, 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) M10,”.
Marginal Citations
M9S.I. 1995/3124, to which there are amendments not relevant to these Regulations.
M10O.J. No. L 186, 7.7.2006, p.1. There are no relevant amendments to this Regulation.
The Food Labelling Regulations 1996S
2. In the Food Labelling Regulations 1996 M11–
(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 M12;”; 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 M13; 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.”.
Marginal Citations
M11S.I. 1996/1499 to which there are amendments not relevant to these Regulations.
M12O.J. No. L 132, 24.5.2007, p.5. The Regulation has been amended by Commission Regulation (EC) No. 1336/2007 (O.J. No. L 298, 16.11.2007, p.3).
M13O.J. No. L 109, 6.5.2000, p.29. The Directive has been amended by Commission Directive 2001/101/EC (O.J. No. L 310, 28.11.2001, p.19), Directive 2003/89/EC of the European Parliament and of the Council (O.J. No. L 308, 25.11.2003, p.15), Council Directive 2006/107/EC (O.J. No. L 363, 20.12.2006, p.411) and Commission Directive 2006/142/EC (O.J. No. L 368, 23.12.2006, p.110).
The Food Hygiene (Scotland) Regulations 2006S
3. In the Food Hygiene (Scotland) Regulations 2006 M14 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.”.
Marginal Citations
M14S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.
The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006S
4. In article 2 (interpretation) of the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 M15 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;”.
Marginal Citations
M15Article 7(3) was substituted by Commission Regulation 1336/2007 (O.J. No. L 298, 16.11.2007, p.3).
The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006S
5. In regulation 2 (interpretation) of the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 M16 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;”.
Marginal Citations
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