The Eggs and Chicks (Wales) Regulations 2010

InterpretationE+W

3.—(1) In these Regulations—

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

[F1“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;

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“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—

“market” (“marchnad”), when used as a noun, means—

“officer” (“swyddog”)—

“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;

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[F5“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—

[F6“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];

[F7“Regulation (EU) 2013” (“Rheoliad (EU) 2013”) means [F8Regulation (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;] F9...

“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;

[F10“third country” (“trydedd wlad”) means any country or territory other than—

(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 [F11Part 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 [F12or 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 [F13the Single CMO Regulation or] [F14Regulation (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.