11.—(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 although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
(2) This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
(3) The following conditions of [F1schedule 3 of the Scottish welfare regulations] are specified for the purpose of paragraph (1)–
[F2(a)the second and third conditions of paragraph 17(d),
(b)paragraph 17(e),
(c)paragraph 18,
(d)paragraph 19(a)(i), and
(e)paragraph 19(b)(i).]
Textual Amendments
F1Words in reg. 11(3) substituted (31.12.2020) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 4(6)(a); 2020 c. 1, Sch. 5 para. 1(1)