Agriculture Act 1970

Consumer protection

25 Power to regulate retail sales of eggs

(1) If the Ministers are satisfied, after consultation with the Authority and with such other organisations appearing to the Ministers to be representative of interests substantially affected as they consider appropriate, that it is desirable so to do in the interests of consumers of eggs, they may by order make provision for all or any of the following matters, namely—

(a) requiring eggs to be sold by retail in accordance with such designations indicating such weight gradings or such standards of quality as may be prescribed by the order;

(b) requiring any description under which eggs are sold, or offered or exposed for sale, by retail which gives an indication of the weight of the eggs to be such description indicating such grade by weight as may be so prescribed;

(c) imposing requirements as to, or otherwise regulating, the marking or labelling of eggs sold, or offered or exposed for sale, by retail or any container in which eggs are packed for such sale ;

and any such order may vary or revoke any previous order under this section and may contain such supplemental, incidental or transitional provisions as appear to the Ministers to be expedient, including in particular—

(i) provision conferring exemptions from requirements of the order;

(ii) provision for persons contravening or failing to com ply with requirements of the order to be guilty of an offence against the order ;

(iii) provision as to the circumstances in which warranty or other matters are to be a defence for a person charged with such an offence ;

(iv) provision, for the purpose of the enforcement of the order so far as it relates to weight, conferring on officers of, and duly authorised by, local weights and measures authorities powers of entry, of making test purchases and of requiring the production of books and other records;

and an order under this subsection may make in relation to imported eggs any provision which might be made in relation to eggs.

(2) Any person guilty of an offence against an order under this section shall be liable on summary conviction to a fine not exceeding £100.

(3) It shall be the duty of every local weights and measures authority to enforce within their area the provisions of any order under this section so far as those provisions relate to weight; and section 37 of the [1963 c. 31.] Weights and Measures Act 1963 (power of local authorities to combine) shall apply with respect to the functions of such authorities under this section as it applies with respect to their functions under that Act; but nothing in this subsection shall be taken as authorising such an authority in Scotland to institute proceedings for an offence.

(4) In relation to indications of quality the reference in subsection (1)(c) of this section to labelling includes a reference to labelling by means of any mark, label, tag or ticket made on, attached to or displayed with eggs for sale by retail, and, without prejudice to the construction of the expression " label" in section 6 of the [1955 c. 16 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 or in section 6 of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956 or elsewhere, that expression in either of the said sections 6 shall include any such mark, label, tag or ticket.

(5) The provisions of any order under this section shall have effect notwithstanding anything in section 63(4) of the Weights and Measures Act 1963 but shall be without prejudice to any provision of the Food and Drugs Act 1955 or the Food and Drugs (Scotland) Act 1956 or any order or regulations for the time being in force under either of those Acts.

(6) In this section the expression " the Ministers " means the Minister and the Secretary of State for Scotland acting jointly.

(7) This section does not extend to Northern Ireland.