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PART 3N.I.Eggs in shell for consumption: general requirements

Derogation relating to free-range eggsN.I.

12.—(1) By way of derogation from the provisions of point 1 of Annex II to Commission Regulation (EC) No. 589/2008, eggs to which paragraph (2) applies may be marketed as free-range eggs.

(2) This paragraph applies to eggs that have—

(a)been produced in a system of production that does not comply with any one or more of the conditions mentioned in paragraph (3); and

(b)been produced in an establishment—

(i)with fewer than 350 laying hens at the time the eggs are produced;

(ii)rearing breeding laying hens at the time that the eggs are produced; or

(iii)rearing breeding laying hens and with fewer than 350 laying hens at that time.

[F1(3) The conditions are the conditions in the following provisions of the Northern Ireland welfare regulations—

(a)paragraph 2(d) of Schedule 2;

(b)paragraph 2(e) of Schedule 2;

(c)paragraph 5 of Schedule 2;

(d)paragraph 6(a) of Schedule 2;

(e)paragraph 7(a) of Schedule 2.]

(4) It is for a person seeking to rely on paragraph (1) in order to market eggs as free-range eggs to prove that the eggs are eggs to which paragraph (2) applies.