The Eggs and Chicks (Wales) Regulations 2010

Regulation 5

SCHEDULE 1 E+W COMMUNITY PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE

PART 1 E+W PROVISIONS OF THE SINGLE CMO REGULATION

Column 1	Column 2	Column 3
Relevant provision of the Single CMO Regulation	Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1	Subject matter
Article 113(3), first sub-paragraph, insofar as it relates to the marketing of eggs for hatching and chicks	Article 116 of, and Part C of Annex XIV to, the Single CMO Regulation and Commission Regulation (EC) No 617/2008	Prohibition on the marketing of eggs for hatching and of chicks except in accordance with the marketing standards laid down in Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008.
Point II(1) of Part C of Annex XIV	Article 3(1) of Commission Regulation (EC) No 617/2008	Marking of eggs for hatching.
Point II(2) of Part C of Annex XIV	Article 3(4) and (5) of Commission Regulation (EC) No 617/2008	Transportation and packing of eggs for hatching.
Point II(3) of Part C of Annex XIV	Article 3(8) of Commission Regulation (EC) No 617/2008	Importation of packages of eggs for hatching from a third country.
Point III(1) of Part C of Annex XIV	Article 4(1) of Commission Regulation (EC) No 617/2008	Packing of chicks by species, type and category of poultry.
Point III(2) of Part C of Annex XIV	Article 4(2) of Commission Regulation (EC) No 617/2008	Content and marking of boxes of chicks.
Point III(3) of Part C of Annex XIV	Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) and (3) of Commission Regulation (EC) No 617/2008	Importation of chicks from a third country.

PART 2 E+W PROVISIONS OF COMMISSION REGULATION (EC) NO 617/2008

Column 1	Column 2	Column 3
Relevant provision of Commission Regulation (EC) No 617/2008	Provisions to be read with the provisions of Commission Regulation (EC) No 617/2008 mentioned in column 1	Subject matter
Article 2(1)		Registration of pedigree breeding establishments, breeding establishments and hatcheries.
Article 3(1)	Article 3(2) and (3) of Commission Regulation (EC) No 617/2008	Individual marking of eggs for hatching.
Article 3(2)	Article 3(3) and (5) of Commission Regulation (EC) No 617/2008 and regulation 7	Marking of eggs for hatching at producer establishment.
Article 3(4)	Article 3(5) and (6) of, and Annex II to, Commission Regulation (EC) No 617/2008	Transport of eggs for hatching: packing requirements.
Article 3(6)	Article 3(4) and (5) of Commission Regulation (EC) No 617/2008	Distinguishing number of producer establishment on packs and containers in which eggs for hatching are transported.
Article 3(7)	Article 3(1), (2) and (3) of Commission Regulation (EC) No 617/2008 and regulation 7	Prohibition on transporting or trading eggs for hatching between Member States unless properly marked.
Article 3(8)		Marking and packages of imported eggs for hatching.
Article 4(1)	Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(2) of Commission Regulation (EC) No 617/2008	Packing of chicks by species, type and category of poultry.
Article 4(2)	Point III(2) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No 617/2008	Content and minimum marking requirement for packs containing chicks.
Article 4(3)	Point III(3) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No 617/2008	Importation of chicks from third countries, including content and minimum marking requirement for packs containing such chicks.
Article 5(1)		Documentation that must accompany batches of eggs for hatching and chicks.
Article 5(2)	Article 5(1) of Commission Regulation (EC) No 617/2008	Special requirements as to information to be provided in the documentation that must accompany batches of eggs for hatching and chicks imported from a third country.
Article 6		Keeping of registers by hatcheries.
Article 7	Sub-paragraph (h) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008	Restriction on the use of eggs withdrawn from an incubator.
Article 8(1)		Obligation on hatcheries to provide monthly reports.

Regulation 9

SCHEDULE 2 E+W GENERAL COMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

PART 1 E+W PROVISIONS OF THE SINGLE CMO REGULATION

Column 1	Column 2	Column 3
Relevant provision of the Single CMO Regulation	Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1	Subject matter
Article 113(3), first sub-paragraph, insofar as it relates to the marketing of eggs	Article 116 of, and Part A of Annex XIV to, the Single CMO Regulation and Commission Regulation (EC) No 589/2008	Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 589/2008.
Point II(1) of Part A of Annex XIV	Article 2(1) and (4) of Commission Regulation (EC) No 589/2008	Quality grading of Class A (or fresh) and Class B eggs.
Point II(2) of Part A of Annex XIV	Article 4(1) of Commission Regulation (EC) No 589/2008	Weight grading of Class A eggs.
Point II(3) of Part A of Annex XIV		Prohibition on the delivery of Class B eggs except to the food and non-food industry.
Point III(1) of Part A of Annex XIV, first sub-paragraph	Articles 9 and 11 of Commission Regulation (EC) No 589/2008	Marking of Class A eggs.
Point III(1) of Part A of Annex XIV, 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 11(1)	Marking of Class B eggs.
Point III(2) of Part A of Annex XIV	Point III(1) of Part A of Annex XIV to the Single CMO Regulation	Place at which eggs are marked.
Point III(3) of Part A of Annex XIV, first sub-paragraph	Point III(1) of Part A of Annex XIV and the second sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation and regulation 11(2)	Marking of eggs sold by a producer to the final consumer at a local public market.
Point IV(1) of Part A of Annex XIV, third sentence	Article 30(2) of Commission Regulation (EC) No 589/2008	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.
Point IV(3) of Part A of Annex XIV	Articles 11 and 30(2) and (3) of Commission Regulation (EC) No 589/2008	Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided.

PART 2 E+W PROVISIONS 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)	The first indent of point II(1) of Part A of Annex XIV to the Single CMO Regulation, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 and regulation 16 as read with the Schedule 3 entry 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 and cases in which eggs meeting those quality characteristics must be categorised as Class B eggs.
Article 2(2)	Article 3 of Commission Regulation (EC) No 589/2008	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)	The second indent of point II(1) of Part A of Annex XIV to the Single CMO Regulation, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 and regulation 16 as read with the Schedule 3 entry 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 and 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 Part A of Annex XIV to the Single CMO Regulation 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 Directive 2000/13/EC	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 Article 9(2) of Directive 2000/13/EC	Packs to be marked with date of minimum durability at the time of packing.
Article 7(1), first sub-paragraph	The second sub-paragraph of Article 7(1) of Commission Regulation (EC) No 589/2008	Producers to identify each transport packaging containing eggs with certain information.
Article 7(2), first sub-paragraph, first sentence	Article 7(1) and second sub-paragraph of Article 7(2) 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	The first sentence of the first sub-paragraph and the second sub-paragraph of Article 7(2) 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	The first sentence of the first sub-paragraph and second sub-paragraph of Article 7(2) 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, packing or further processing.
Article 8(1)	Article 8(2) of Commission Regulation (EC) No 589/2008	Eggs being 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 (EC) No 589/2008.
Article 8(2), last sentence		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 (EC) No 589/2008.
Article 8(5)	The second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO Regulation and Article 10 of Commission Regulation (EC) No 589/2008	Marking of Class B eggs for marketing in another Member State.
Article 9(1)	Point 2 of the Annex to Commission Directive 2002/4/EC M1 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC	Producer code.
Article 10	The second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO Regulation	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, and Part A of Annex I, and Annex II, to Commission Regulation (EC) No 589/2008, Article 2 of Council Regulation (EEC) No 2092/91 M2 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and regulations 12, 13 and 14	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	Part B of Annex I to Commission Regulation (EC) No 589/2008 and Chapter III of Council Directive 1999/74/EC	Use of an indication listed in Part B of Annex I to Commission Regulation (EC) No 589/2008 (enriched cages).
Article 12(4)		Marking of packs of Class B eggs.
Article 13	Article 3(1)(5) of Directive 2000/13/EC	Date of minimum durability.
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		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 feeding method.
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) 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)	Point IV(3) of Part A of Annex XIV to the Single CMO Regulation	Marking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided.

Marginal Citations

M1 OJ No L 30, 31.1.2002, p 44, last amended by Commission Directive 2006/83/EC (OJ No L 362, 20.12.2006, p. 97).

M2 OJ No L 198, 22.7.1991, p 1, last amended by Commission Regulation (EC) No 404/2008 (OJ No L 120, 7.5.2008, p. 8).

Regulation 16

SCHEDULE 3 E+W COMMUNITY SALMONELLA RELATED CONTROLS ON EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

Column 1	Column 2	Column 3
Relevant provision of Regulation (EC) No 2160/2003	Provisions to be read with the provisions of Regulation (EC) No 2160/2003 mentioned in column 1	Subject matter
Point 1 of Part D of Annex II	Article 1(3) of Regulation (EC) No 2160/2003	Prohibition on the use of eggs for direct human consumption as table eggs unless they originate from a commercial flock of laying hens subject to a national control programme and are not under official restriction.
Point 2, first sub-paragraph, of Part D of Annex II	Point 4 of Part D of Annex II to Regulation (EC) No 2160/2003	Prohibition on the use of certain zoonosis status eggs for human consumption unless treated, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (a), of Part D of Annex II	Article 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003, the provisions of Articles 113(3) and 116 of, and Part A of Annex XIV to, the Single CMO Regulation, and Commission Regulation (EC) No 589/2008, insofar as they relate to Class B eggs	Treatment of certain zoonosis status eggs as Class B eggs, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (b), of Part D of Annex II	Article 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003 and Article 10 of Commission Regulation (EC) No 589/2008	Marking of certain zoonosis status eggs with the indication required by Article 10 of Commission Regulation (EC) No 589/2008, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (c), of Part D of Annex II	Point 4 of Part D of Annex II to Regulation (EC) No 2160/2003	Prohibited access to packing centres for certain zoonosis status eggs unless the competent authority is satisfied with measures to prevent possible cross-contamination, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part.

Regulation 32(2)

SCHEDULE 4 E+W FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY

PART 1 E+W Aggravating factors

1.  Seriousness of the non-compliance. E+W

2.  Harm or potential harm to human health. E+W

3.  Financial harm to consumers. E+W

4.  Financial harm to competitors. E+W

5.  Duration of non-compliance. E+W

6.  Evidence of intention behind the non-compliance. E+W

7.  History of non-compliance of the person (“P”) to whom the penalty notice is to be given. E+W

8.  Financial gain made by P as a result of non-compliance. E+W

9.  Financial resources of P. E+W

10.  Size of P's business. E+W

11.  Availability of non-compliant item, including the number of retail shops in which it has been marketed. E+W

12.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority. E+W

13.  Previous action taken by the enforcement authority to help P comply with the Regulations. E+W

PART 2 E+W Mitigating factors

1.  Action taken to eliminate or reduce the risk of damage resulting from the non-compliance. E+W

2.  Action taken by P to repair the harm done by the non-compliance. E+W

3.  Any co-operation given to the enforcement authority by P in responding to the non-compliance. E+W

4.  Whether P reported the non-compliance to the enforcement authority. E+W

5.  Financial resources of P. E+W

6.  Size of P's business. E+W

7.  Availability of non-compliant item, including the number of retail shops in which it has been marketed. E+W

8.  The conduct of P after the non-compliance is drawn to their attention by an enforcement authority. E+W

9.  Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority. E+W