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The Eggs and Chicks (England) Regulations 2009

Status:

This is the original version (as it was originally made).

Statutory Instruments

2009 No. 2163

Food, England

The Eggs and Chicks (England) Regulations 2009

Made

4th August 2009

Laid before Parliament

10th August 2009

Coming into force

14th September 2009

The Secretary of State(1) is a Minister designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Community.

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

(a)Council Regulation (EC) No 1234/2007(4) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

(b)Commission Regulation (EC) No 589/2008(5) laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs; and

(c)Commission Regulation (EC) No 617/2008(6) 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(7), the Secretary of State has had regard to relevant advice given by the Food Standards Agency as required by section 48(4A)(8) 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(9) 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 Secretary of State makes the following Regulations in exercise of the powers conferred by—

(a)

section 2(2) of, and paragraph 1A(10) of Schedule 2 to, the European Communities Act 1972; and

(b)

sections 6(4)(11), 16(1)(12), 17(13), 26(14) and 48(1)(15) of the Food Safety Act 1990 and now vested in the Secretary of State(16).

(1)

The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(4)

OJ No L 299, 16.11.2007, p 1, last amended by Commission Regulation (EC) No 491/2009 (OJ No L 154, 17.6.2009, p 1).

(5)

OJ No L 163, 24.6.2008, p 6, last amended by Commission Regulation (EC) No 598/2008 (OJ No L 164, 25.6.2008, p 14).

(6)

OJ No L 168, 28.6.2008, p 5.

(8)

Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

(9)

OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 202/2008 (OJ No L 60, 5.3.2008, p 17).

(10)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

(11)

Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40), paragraphs 7, 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999, and Schedule 2 to S.I. 2002/794.

(12)

Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

(13)

Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.

(14)

Section 26(2) was amended by paragraph 13 of Schedule 8, and Part 1 of Schedule 23, to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.

(15)

Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.

(16)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999. By virtue of section 26(1) of the 1999 Act, functions of the Minister of Agriculture, Fisheries and Food under the Food Safety Act 1990 ceased to be exercisable by that Minister. Functions of “the Ministers”, so far as exercisable in relation to Wales, are now exercisable by the Welsh Ministers, having been transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the 1999 Act, and then transferred to the Welsh Ministers by paragraph 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32). The functions of “the Ministers”, so far as exercisable in relation to Scotland, are now exercisable by the Scottish Ministers. These functions were transferred to them, so far as within devolved competence, by section 53 of the Scotland Act 1998 (1998 c. 46), as read with section 40(2) of the 1999 Act, and, so far as not transferred to them by those provisions, by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

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