The Eggs and Chicks (Scotland) (No. 2) Regulations 2008

Changes over time for: SCHEDULE 2

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Regulation 7

SCHEDULE 2S [F1RETAINED EU] PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

This Atodlen has no associated Nodyn Gweithredol

Textual Amendments

F1Words in sch. 2 heading substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 4(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

[F2PART 1SPROVISIONS OF COUNCIL REGULATION 2013

Textual Amendments

F2Sch. 2 Pt. 1 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(a)

Column 1	Column 2	Column 3
Relevant provision of Council Regulation 2013	Provisions to be read with the provisions of Council Regulation 2013 mentioned in column 1	Subject matter
Article 75 insofar as it relates to the marketing of eggs	Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008	Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008.
Point II(1) of Part VI of Annex VII	Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008	Grading of eggs as class A (“fresh”) or class B.
Point II(2) of Part VI of Annex VII	Article 4(1) of Commission Regulation (EC) No. 589/2008	Weight grading of class A eggs.
Point II(3) of Part VI of Annex VII		Prohibition on the delivery of class B eggs except to the food and non food industry.
Point III(1) of Part VI of Annex VII, first sub paragraph	Point III(3) of Part VI of Annex VII to Council Regulation 2013 and Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008	Marking of class A eggs.
Point III(1) of Part VI of Annex VII, second sub paragraph	Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008, paragraphs (a) and (b) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 9(1)	Marking of class B eggs.
Point III(2) of Part VI of Annex VII	Point III(1) of Part VI of Annex VII to Council Regulation 2013	Place at which eggs are marked.
Point III(3) of Part VI of Annex VII, first sub paragraph	Point III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Council Regulation 2013	Marking of eggs sold by a producer to the final consumer at a local public market.]
F3. . .	F3. . .	F3. . .
F3. . .	F3. . .	F3. . .

Textual Amendments

F3Words in sch. 2 Pt. 1 table omitted (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 15

PART 2SPROVISIONS OF COMMISSION REGULATION (EC) NO. 589/2008

Column 1	Column 2	Column 3
Relevant provision of Commission Regulation (EC) No. 589/2008	Provisions to be read with the provisions of Commission Regulation (EC) No. 589/2008 mentioned in column 1	Subject matter
Article 2(1)	Point II(1) of [F4Part VI of Annex VII, paragraph (a), to the Council Regulation 2013] [F5, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 12A as read with the entry in Schedule 2A relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003]	Quality characteristics of class A eggs [F6and cases in which eggs meeting those quality characteristics must be categorised as class B eggs].
Article 2(2)	F7. . .	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, and the chilling of eggs, in premises or plants where the temperature is artificially maintained at less than 5°C.
Article 2(4)	Point II(1) of [F8Part VI of Annex VII, paragraph (b), to the Council Regulation 2013] [F9, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 12A as read with the entry in Schedule 2A relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003]	Quality characteristics of class B eggs [F10and cases in which eggs meeting the quality characteristics for class A eggs must be categorised as class B eggs].
Article 4(1)	Point II(2) of [F11Part VI of Annex VII to the Council Regulation 2013] and Article 4(3) of Commission Regulation (EC) No. 589/2008	Grading of class A eggs by weight.
Article 4(2)	Article 4(1) of Commission Regulation (EC) No. 589/2008 and [F12Regulation (EU) No 1169/2011]	Weight grading indications.
Article 4(3)	Article 4(1) of Commission Regulation (EC) No. 589/2008	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(1), first sub paragraph		Grading and packing of eggs and the labelling of packs by packing centres.
Article 5(3)		Packing centres to have the technical equipment necessary to ensure that eggs are handled properly.
Article 6(1)		Eggs to be graded, marked and packed within 10 days of laying.
Article 6(2)	Article 14 of Commission Regulation (EC) No. 589/2008	Class A eggs marketed as ‘extra’ or ‘extra fresh’ eggs to be graded, marked and packed within four days of laying.
Article 6(3)	Articles 12(1)(d) and 13 of Commission Regulation (EC) No. 589/2008 and [F13point 1(a) of Annex X to Regulation (EU) No 1169/2011]	Packs to be marked with date of minimum durability at the time of packing.
Article 7(1), first sub paragraph	Article 7(1), second sub paragraph, of Commission Regulation (EC) No. 589/2008	Producers to identify each transport packaging containing eggs with information specified in paragraphs (a) to (e) of Article 7(1) of Commission Regulation (EC) No. 589/2008.
Article 7(2), first sub paragraph, first sentence	Article 7(1), and Article 7(2), second sub-paragraph, of Commission Regulation (EC) No. 589/2008	Application of the information specified in Article 7(1) of Commission Regulation (EC) No. 589/2008 to each transport packaging containing eggs, and the inclusion of that information in accompanying documents.
Article 7(2), first sub-paragraph, second sentence	Article 7(2), first sub paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008	Intervening operators to keep a copy of the documents specified in the first sentence of the first sub paragraph of Article 7(2) of Commission Regulation (EC) No. 589/2008.
Article 7(2), first sub paragraph, third sentence	Article 7(2), first sub paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008	Original documents referred to in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No. 589/2008 to be kept by the packing centre that grades the eggs to which the documents relate.
Article 7(3)	Article 7(1) of Commission Regulation (EC) No. 589/2008	Prohibition on the modification or removal of the information referred to in Article 7(1) of Commission Regulation (EC) No. 589/2008 on the transport packaging of eggs until the removal of the eggs for immediate grading, marking and packing.
F14. . .	F14. . .	F14. . .
F14. . .		F14. . .
F14. . .	F14. . .	F14. . .
Article 9(1)	[F15regulation 4 of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003]	Producer code.
Article 10	Point III(1) of [F16Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013]	Indications on class B eggs.
Article 12(1)		Marking of packs of class A eggs.
Article 12(2), first and second sub paragraphs	Article 12(1) of, F17... and Annex II, to Commission Regulation (EC) No. 589/2008, [F18Article 23 of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91], and regulations 10, 11 and 12	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 (EC) No. 589/2008	Producer code to be explained on or inside packs.
Article 12(2), fourth sub paragraph	[F19Part 4 of schedule 3 of the Scottish welfare regulations]	Use of an indication [F20“enriched cages”].
Article 12(4)		Marking of packs of class B eggs.
Article 13	[F21Article 9(1)(f) of Regulation (EU) No 1169/2011]	Date of minimum durability to be no later than 28 days after laying.
Article 14(1)		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 (EC) No. 589/2008	Laying date and the nine-day time limit specified in Article 14(1) of Commission Regulation (EC) No. 589/2008 to be shown where the words ‘extra’ or ‘extra fresh’ are used as an additional quality indication on packs containing class A eggs.
Article 15		Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed.
Article 16		Information to be given for loose egg sales.
Article 17	Chapter X of [F22Annex II] to Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M1	Quality of packs.
Article 18		Packaging containers in which industrial eggs are marketed.
Article 19		Repacking of class A eggs.
Article 20(1)	Article 20(4) of Commission Regulation (EC) No. 589/2008	Producer records on farming methods.
Article 20(2)	Articles 15 and 20(4) of Commission Regulation (EC) No. 589/2008	Producer records on feed.
Article 20(3)	Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008	Information recorded by producers under Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008 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 (EC) No. 589/2008	Collector records on eggs collected and delivered by them.
Article 22(1), first sub paragraph	Article 22(3) of Commission Regulation (EC) No. 589/2008	Packing centre records.
Article 22(1), second sub paragraph		Updating of packing centres physical stock records each week.
Article 22(2)	Articles 15 and 22(1) and (3) of Commission Regulation (EC) No. 589/2008	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 (EC) No. 589/2008	Records and files referred to in Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 to be kept for at least 12 months from their date of creation.
Article 24(5)	Articles 20, 21 and 22 of Commission Regulation (EC) No. 589/2008	Records referred to in Articles 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 to be made available to the inspection services on first request.
Article 30(2)		Eggs imported from third countries to have been clearly and legibly marked in the country of origin in accordance with the ISO 3166 country code.
Article 30(3)	F23... Article 11 of Commission Regulation (EC) No. 589/2008.	Marking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with [F24retained EU law] have not been provided.