Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs
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There are outstanding changes by UK legislation not yet made to Commission Regulation (EC) No 589/2008. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
Textual Amendments
Textual Amendments
F2Words in Annex 2 para. 1 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 4(21)(a)(i) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(11)(a)); 2020 c. 1, Sch. 5 para. 1(1)
in England, Schedule 2 to the English welfare regulations;
in Scotland, Part 5 of Schedule 3 to the Scottish welfare regulations;
in Wales, Schedule 2 to the Welsh welfare regulations.]
In particular, the following conditions must be satisfied:
hens must have continuous daytime access to open-air runs. However, this requirement does not prevent a producer from restricting access for a limited period of time in the morning hours in accordance with usual good farming practice, including good animal husbandry practice.
Should measures adopted under [F3assimilated law] require access of hens to open-air runs to be [F4temporarily] restricted in order to protect public or animal health, eggs may be marketed as ‘free-range’ notwithstanding that restriction [F5, provided that the laying hens have not had their access to open air runs restricted for a continuous period of more than 16 weeks. That maximum period shall start from the date on which the group of hens in question, put in place at the same time, actually had their access to open air runs restricted].
[F6The second subparagraph does not apply to eggs marketed in England.
For eggs marketed in England, should measures adopted under assimilated law require access of hens to open-air runs to be restricted in order to protect public or animal health, those eggs may be marketed as ‘free-range’ notwithstanding that restriction.]
open-air runs to which hens have access must be mainly covered with vegetation and not be used for other purposes except for orchards, woodland and livestock grazing if the latter is authorised by the competent authorities;
the maximum stocking density of open-air runs must not be greater than 2 500 hens per hectare of ground available to the hens or one hen per 4 m 2 at all times. However, where at least 10 m 2 per hen is available and where rotation is practised and hens are given even access to the whole area over the flock's life, each paddock used must at any time assure at least 2,5 m 2 per hen;
open-air runs must not extend beyond a radius of 150 m from the nearest pophole of the building. However, an extension of up to 350 m from the nearest pophole of the building is permissible provided that a sufficient number of shelters as referred to [F7in:
paragraph 7(b)(ii) of Schedule 2 to the English welfare regulations;
paragraph 19(b)(ii) of Schedule 3 to the Scottish welfare regulations;
paragraph 7(b)(ii) of Schedule 2 to the Welsh welfare regulations
are evenly distributed throughout the whole open-air run with at least four shelters per hectare.]
Textual Amendments
F3Words in Annex 2 para. 1(a) substituted (S.) (20.11.2024) by The Free-Range Egg Marketing Standards (Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/349), regs. 1, 2(2)(a)
F4Word in Annex 2 para. 1(a) inserted (S.) (20.11.2024) by The Free-Range Egg Marketing Standards (Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/349), regs. 1, 2(2)(b)
F5Words in Annex 2 para. 1(a) omitted (S.) (20.11.2024) by virtue of The Free-Range Egg Marketing Standards (Amendment) (Scotland) Regulations 2024 (S.S.I. 2024/349), regs. 1, 2(2)(c)
F6Words in Annex 2 para. 1(a) inserted (E.) (23.1.2025) by The Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2025 (S.I. 2025/62), regs. 1(1), 2(2)
F7Words in Annex 2 para. 1(d) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 4(21)(a)(ii)(bb) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(11)(b)); 2020 c. 1, Sch. 5 para. 1(1)
in England, Schedule 2 to the English welfare regulations;
in Scotland, Part 5 of Schedule 3 to the Scottish welfare regulations;
in Wales, Schedule 2 to the Welsh welfare regulations.]
Textual Amendments
F8Words in Annex 2 para. 2 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 4(21)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(11)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F9Annex 2 para. 3(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 4(21)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10Annex 2 para. 3(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 4(21)(c)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(11)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
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