The Eggs and Chicks Regulations (Northern Ireland) 2010

InterpretationN.I.

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

“authorised officer” means any person who has written authority from the Department or a district council to act in matters arising under or in relation to the Order or these Regulations;

“breeding establishment” has the meaning given by Article 1(3)(b) of Commission Regulation (EC) No. 617/2008;

“chicks” has the meaning given by Article 1(2) of Commission Regulation (EC) No. 617/2008;

“Commission Regulation (EC) No. 589/2008” means Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs, as amended from time to time;

“Commission Regulation (EC) No. 617/2008” means Commission Regulation (EC) No. 617/2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks, as amended from time to time;

[F1“The Northern Ireland welfare regulations” means the Welfare of Farmed Animals Regulations (Northern Ireland) 2012;]

F2...

“door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer’s home, or to the home of another person, or to the final consumer’s place of work;

“eggs” has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;

“eggs for hatching” has the meaning given by Article 1(1) of Commission Regulation (EC) No. 617/2008;

[F3“electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act (Northern Ireland) 2001]

“enforcement authority” means an authority exercising a function conferred on it by regulation 16;

“final consumer” has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;

“hatchery” has the meaning given by Article 1(3)(c) of Commission Regulation (EC) No. 617/2008;

“local public market”, in relation to eggs laid at a production site, means a public market in Northern Ireland where eggs are sold directly to the consumer;

“market”, when used as a noun, means—

(a)

a market or fair which the right to hold it was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or subordinate legislation; and

(b)

a temporary market—

(i)

comprising of a concourse of buyers and sellers of articles held otherwise than in a building or on a highway, with not less than five stalls, stands, vehicles (whether movable or not) or pitches from which articles are sold; and

(ii)

operating in accordance with the requirements of bye-laws made by district councils pursuant to the provisions of section 103 of the Public Health (Ireland) Act 1878 and Part VI of the Local Government Act (Northern Ireland) 1972;

“packing centre” has the meaning given by sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;

“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No. 617/2008;

“production site” has the meaning given by sub-paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008;

“Regulation (EC) No. 2160/2003” means Regulation (EC) No. 2160/2003(1) of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents [F4as amended by Commission Regulation (EU) No. 517/2011 and as amended from time to time] ;

[F5“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;]

[F6“Regulation (EU) 2013” means the Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on the 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time;]

“Single CMO Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time;

“the Department” means the Department of Agriculture and Rural Development; and

“the Order” means the Food Safety (Northern Ireland) Order 1991.

(2) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to an Act of the Assembly.

(3) Any expression which is not defined in paragraph (1), but is used in Part 2 of, or Schedule 1 to, these Regulations and in [F7Part VI of Annex VII to Regulation (EU) 2013] has the same meaning in those provisions of these Regulations as it does in the Single CMO Regulation.

(4) Any expression which is not defined in paragraph (1), but is used in Part 3 or 4 of, or Schedule 2 to, these Regulations and in [F8Part VI of Annex VII to Regulation (EU) 2013] , or Commission Regulation (EC) No. 589/2008, has the same meaning in those provisions of these Regulations as it does in the EC Regulation in which it is used.

(5) Any expression which is not defined in paragraph (1) but is used in Schedule 3 to these Regulations and in Regulation (EC) No. 2160/2003 has the same meaning in Schedule 3 as it does in Regulation (EC) No. 2160/2003.

(6) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 1 means a contravention of or failure to comply with—

(a)any provision of the Single CMO Regulation [F9or Regulation (EU) 2013] mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or

(b)any provision of Commission Regulation (EC) No. 617/2008 mentioned in column 1 of Part 2 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part.

(7) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 2 means a contravention of or failure to comply with—

(a)any provision of the Single CMO Regulation [F10or Regulation (EU) 2013] mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or

(b)any provision of Commission Regulation (EC) No. 589/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part.

(8) Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 3 means a contravention of, or failure to comply with, any provision of Regulation (EC) No. 2160/2003 mentioned in column 1 of Schedule 3, as read with any provision mentioned in the corresponding entry in column 2 of that Schedule.

[F11(9) Any reference in these Regulations to Part VI of Annex VII of Regulation (EU) 2013 includes a reference to the equivalent transitional marketing standards under Article 116 of and Annex XIV to, the Single CMO Regulation.]

Textual Amendments

Commencement Information

I1Reg. 2 in operation at 28.4.2010, see reg. 1

(1)

O.J. No. L 325, 12.12.2003, p. 1, last amended by Regulation (EC) No. 596/2009 (O.J. No. L 188, 18.7.2009, p. 14)