The Eggs and Chicks (Scotland) (No. 2) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, revoke and remake, with modifications, the Eggs and Chicks (Scotland) Regulations 2008 (“the 2008 Regulations”) following the adoption 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) and two Commission Regulations adopted under that Regulation, Commission Regulation (EC) No. 617/2008 and Commission Regulation (EC) No. 589/2008 (as amended by Commission Regulation (EC) No. 598/2008.

The 2008 Regulations made provision for the enforcement of certain provisions of (a) Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks (O.J. No. L 282, 1.11.1975, p.100), (b) Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75 (O.J. No. L 209, 17.8.1977, p.1), (c) Council Regulation (EC) No. 1028/2006 on marketing standards for eggs (O.J. No. L 186, 7.7.2006, p.1), and (d) Commission Regulation (EC) No. 557/2007 introducing detailed rules for implementing Council Regulation (EC) No. 1028/2006 (O.J. No. L 132, 24.5.2007, p.5).

Regulation (EEC) No. 2782/75 and Council Regulation (EC) No. 1028/2006 have been repealed by the Single CMO Regulation. Commission Regulation (EEC) No. 1868/77 has been repealed by Commission Regulation (EC) No. 617/2008 and Commission Regulation (EC) No. 557/2007 has been repealed by Commission Regulation (EC) No. 589/2008.

As regards eggs for hatching and chicks and other eggs, the repealed EC Regulations have been replaced by certain provisions of the Single CMO Regulation, including those in Parts A and C of Annex XIV to the Regulation, and by Commission Regulations (EC) No. 617/2008 (eggs for hatching and chicks) and 589/2008 (other eggs).

These Regulations therefore make provision for the enforcement of certain provisions of the Single CMO Regulation insofar as they relate to eggs for hatching and farmyard poultry chicks and other eggs, as from time to time amended, Commission Regulation (EC) No. 617/2008, as it relates to eggs for hatching and chicks as from time to time amended, and Commission Regulation (EC) No. 589/2008 as it relates to other eggs as amended from time to time.

The Regulations include provisions–

(a)

making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No. 617/2008 mentioned in Schedule 1 an offence (regulation );

(b)

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

(c)

providing 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 specified in that provision (regulation );

(d)

making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 mentioned in Schedule 2 an offence (regulation );

(e)

relating to the authorisation of packing centres to grade eggs (regulation );

(f)

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

(g)

varying 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 );

(h)

providing 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 );

(i)

providing 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 );

(j)

relating to powers of authorised officers (regulation 13), obstruction (regulation 14), enforcement (regulation 15) and duties of enforcement authority (regulation 16);

(k)

providing a right of appeal against certain decisions of the Scottish Ministers and authorised officers (regulation 17); and

(l)

imposing a penalty for offences under the Regulations (regulation 18).

Similar provisions were included in the 2008 Regulations by reference to the provisions in the now revoked EC Regulations and these Regulations contain updated references to the equivalent provisions of the Single CMO Regulation and the two new Commission Regulations.

In addition, regulation 22(1) of these Regulations saves the amendments made, by regulation 22 of, and Schedule 3 to the 2008 Regulations, to regulation 45 of the Food Labelling Regulations 1996, and enables the substitution of a new regulation 45(2A) of those Regulations effected by regulation 23 of, and Schedule 3 to, these Regulations.

A Regulatory Impact Assessment has not been prepared as this instrument has no impact on the costs of business.