The Eggs and Chicks Regulations (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Eggs and Chicks (No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 451).

As in the 2008 Regulations, they make provision for the enforcement and execution of directly applicable EC marketing standards relating to eggs for hatching and farmyard poultry chicks and directly applicable EC marketing standards relating to eggs in shell for consumption. They also make new provision for the enforcement of directly applicable EC controls for Salmonella serotypes with public health significance in relation to the marketing and use of eggs in shell for human consumption.

As regards the EC marketing standards relating to eggs for hatching and chicks, these Regulations—

(a) make the failure to comply with the provisions of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (O.J. No. L 299, 16.11.2007, p. 1) and Commission Regulation (EC) No. 617/2008 (O.J. No. L 168, 28.6.2008, p. 5) mentioned in Schedule 1 an offence (regulation 4);

(b) include provisions relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 5); and

(c) provide an exception from Article 3(2) of Commission Regulation (EC) No. 617/2008 by allowing eggs for hatching to be marked in a different manner from that mentioned in that provision (regulation 6).

As regards the directly applicable EC marketing standards relating to eggs in shell for consumption, these Regulations—

(a) make the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 (O.J. No. L 163, 24.6.2008, p. 6) mentioned in Schedule 2 an offence (regulation 8);

(b) include provisions relating to the authorisation of packing centres to grade eggs (regulation 9);

(c) provide an exception from the provisions of points III(1) and (3) of Part A of Annex XIV to Single CMO Regulation, as regards the marking of eggs for consumption (regulation 10);

(d) vary the minimum requirements for the marketing of eggs as free-range eggs by authorising livestock grazing on open-air runs for hens producing such eggs (regulation 11);

(e) provide an exception from the provisions of Commission Regulation (EC) No. 589/2008, by allowing eggs to be marketed as free-range eggs although not all of the requirements laid down in that Regulation for free-range eggs are met (regulation 12); and

(f) provide an exception from the provisions of Commission Regulation (EC) No. 589/2008, by allowing eggs to be marketed as barn eggs although not all of the requirements laid down in that Regulation for barn eggs are met (regulation 13).

As regards the new Salmonella related controls, the Regulations include a provision making the failure to comply with the provisions of Regulation (EC) No. 2160/2003 (O.J. No. 325, 12.12.2003, p. 1) of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents mentioned in Schedule 3 an offence (regulation 15).

These Regulations also provide for district councils and the Department to enforce the Regulations (regulation 16) and impose a duty on enforcement authorities to give assistance and information to each other (regulation 17). They confer powers of entry (regulation 18) and other powers (regulation 19), including seizure and destruction powers. They require certain procedures to be followed in the event of any exercise of the seizure powers (regulation 20). They provide for the issue of compliance notices (regulation 21) and provide for appeals against certain decisions of the Department and district councils (regulation 22). They enable the Department to impose additional record-keeping requirements (regulation 23). They provide for the destruction of seized products and the giving of compliance notices to be publicised (regulation 24).

They make obstruction an offence (regulation 25) and provide for the punishment of criminal offences (regulation 26). They contain provisions extending the period during which a prosecution may be brought (regulation 27).

They also contain provisions relating to the giving of notices (regulation 28). They apply various provisions of the Food Safety (Northern Ireland) Order 1991 to the Regulations (regulation 29) and make a transitional provision (regulation 30).

A Regulatory Impact Assessment has not been prepared for these Regulations as they have no impact on business.