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Regulation 7
Textual Amendments
F1Words in sch. 2 heading 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(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F2Sch. 2 Pt. 1 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(a)
Column 1 | Column 2 | Column 3 |
---|---|---|
Relevant provision of Council Regulation 2013 | Provisions to be read with the provisions of Council Regulation 2013 mentioned in column 1 | Subject matter |
Article 75 insofar as it relates to the marketing of eggs | Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008 | Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008. |
Point II(1) of Part VI of Annex VII | Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008 | Grading of eggs as class A (“fresh”) or class B. |
Point II(2) of Part VI of Annex VII | Article 4(1) of Commission Regulation (EC) No. 589/2008 | Weight grading of class A eggs. |
Point II(3) of Part VI of Annex VII | Prohibition on the delivery of class B eggs except to the food and non food industry. | |
Point III(1) of Part VI of Annex VII, first sub paragraph | Point III(3) of Part VI of Annex VII to Council Regulation 2013 and Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008 | Marking of class A eggs. |
Point III(1) of Part VI of Annex VII, second sub paragraph | Articles 9, 10 and 11 of Commission Regulation (EC) No. 589/2008, paragraphs (a) and (b) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 9(1) | Marking of class B eggs. |
Point III(2) of Part VI of Annex VII | Point III(1) of Part VI of Annex VII to Council Regulation 2013 | Place at which eggs are marked. |
Point III(3) of Part VI of Annex VII, first sub paragraph | Point III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Council Regulation 2013 | Marking of eggs sold by a producer to the final consumer at a local public market.] |
F3. . . | F3. . . | F3. . . |
F3. . . | F3. . . | F3. . . |
Textual Amendments
F3Words in sch. 2 Pt. 1 table omitted (2.2.2023) by virtue of The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 15
Column 1 | Column 2 | Column 3 |
---|---|---|
Relevant provision of Commission Regulation (EC) No. 589/2008 | Provisions to be read with the provisions of Commission Regulation (EC) No. 589/2008 mentioned in column 1 | Subject matter |
Article 2(1) | Point II(1) of [F4Part VI of Annex VII, paragraph (a), to the Council Regulation 2013] [F5, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 12A as read with the entry in Schedule 2A relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003] | Quality characteristics of class A eggs [F6and cases in which eggs meeting those quality characteristics must be categorised as class B eggs]. |
Article 2(2) | F7. . . | Prohibition on the washing and cleaning of class A eggs before or after grading. |
Article 2(3) | Prohibition on the treatment of class A eggs for preservation, and the chilling of eggs, in premises or plants where the temperature is artificially maintained at less than 5°C. | |
Article 2(4) | Point II(1) of [F8Part VI of Annex VII, paragraph (b), to the Council Regulation 2013] [F9, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 and regulation 12A as read with the entry in Schedule 2A relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003] | Quality characteristics of class B eggs [F10and cases in which eggs meeting the quality characteristics for class A eggs must be categorised as class B eggs]. |
Article 4(1) | Point II(2) of [F11Part VI of Annex VII to the Council Regulation 2013] and Article 4(3) of Commission Regulation (EC) No. 589/2008 | Grading of class A eggs by weight. |
Article 4(2) | Article 4(1) of Commission Regulation (EC) No. 589/2008 and [F12Regulation (EU) No 1169/2011] | Weight grading indications. |
Article 4(3) | Article 4(1) of Commission Regulation (EC) No. 589/2008 | Minimum net weight in grams and the indication ‘eggs of different sizes’ or equivalent terms to be given on the outer surface of a pack of class A eggs of different sizes. |
Article 5(1), first sub paragraph | Grading and packing of eggs and the labelling of packs by packing centres. | |
Article 5(3) | Packing centres to have the technical equipment necessary to ensure that eggs are handled properly. | |
Article 6(1) | Eggs to be graded, marked and packed within 10 days of laying. | |
Article 6(2) | Article 14 of Commission Regulation (EC) No. 589/2008 | Class A eggs marketed as ‘extra’ or ‘extra fresh’ eggs to be graded, marked and packed within four days of laying. |
Article 6(3) | Articles 12(1)(d) and 13 of Commission Regulation (EC) No. 589/2008 and [F13point 1(a) of Annex X to Regulation (EU) No 1169/2011] | Packs to be marked with date of minimum durability at the time of packing. |
Article 7(1), first sub paragraph | Article 7(1), second sub paragraph, of Commission Regulation (EC) No. 589/2008 | Producers to identify each transport packaging containing eggs with information specified in paragraphs (a) to (e) of Article 7(1) of Commission Regulation (EC) No. 589/2008. |
Article 7(2), first sub paragraph, first sentence | Article 7(1), and Article 7(2), second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Application of the information specified in Article 7(1) of Commission Regulation (EC) No. 589/2008 to each transport packaging containing eggs, and the inclusion of that information in accompanying documents. |
Article 7(2), first sub-paragraph, second sentence | Article 7(2), first sub paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Intervening operators to keep a copy of the documents specified in the first sentence of the first sub paragraph of Article 7(2) of Commission Regulation (EC) No. 589/2008. |
Article 7(2), first sub paragraph, third sentence | Article 7(2), first sub paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008 | Original documents referred to in the first sentence of the first sub-paragraph of Article 7(2) of Commission Regulation (EC) No. 589/2008 to be kept by the packing centre that grades the eggs to which the documents relate. |
Article 7(3) | Article 7(1) of Commission Regulation (EC) No. 589/2008 | Prohibition on the modification or removal of the information referred to in Article 7(1) of Commission Regulation (EC) No. 589/2008 on the transport packaging of eggs until the removal of the eggs for immediate grading, marking and packing. |
F14. . . | F14. . . | F14. . . |
F14. . . | F14. . . | |
F14. . . | F14. . . | F14. . . |
Article 9(1) | [F15regulation 4 of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003] | Producer code. |
Article 10 | Point III(1) of [F16Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013] | Indications on class B eggs. |
Article 12(1) | Marking of packs of class A eggs. | |
Article 12(2), first and second sub paragraphs | Article 12(1) of, F17... and Annex II, to Commission Regulation (EC) No. 589/2008, [F18Article 23 of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91], and regulations 10, 11 and 12 | Farming method to be shown on the outer surface of packs containing class A eggs. |
Article 12(2), third sub paragraph | Article 9(1) of Commission Regulation (EC) No. 589/2008 | Producer code to be explained on or inside packs. |
Article 12(2), fourth sub paragraph | [F19Part 4 of schedule 3 of the Scottish welfare regulations] | Use of an indication [F20“enriched cages”]. |
Article 12(4) | Marking of packs of class B eggs. | |
Article 13 | [F21Article 9(1)(f) of Regulation (EU) No 1169/2011] | Date of minimum durability to be no later than 28 days after laying. |
Article 14(1) | Use of the words ‘extra’ and ‘extra fresh’ as an additional quality indication on packs containing class A eggs. | |
Article 14(2) | Article 14(1) of Commission Regulation (EC) No. 589/2008 | Laying date and the nine-day time limit specified in Article 14(1) of Commission Regulation (EC) No. 589/2008 to be shown where the words ‘extra’ or ‘extra fresh’ are used as an additional quality indication on packs containing class A eggs. |
Article 15 | Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed. | |
Article 16 | Information to be given for loose egg sales. | |
Article 17 | Chapter X of [F22Annex II] to Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M1 | Quality of packs. |
Article 18 | Packaging containers in which industrial eggs are marketed. | |
Article 19 | Repacking of class A eggs. | |
Article 20(1) | Article 20(4) of Commission Regulation (EC) No. 589/2008 | Producer records on farming methods. |
Article 20(2) | Articles 15 and 20(4) of Commission Regulation (EC) No. 589/2008 | Producer records on feed. |
Article 20(3) | Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008 | Information recorded by producers under Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008 to be broken down by hen house where a producer uses different farming methods on a single production site. |
Article 21(1) | Article 21(2) of Commission Regulation (EC) No. 589/2008 | Collector records on eggs collected and delivered by them. |
Article 22(1), first sub paragraph | Article 22(3) of Commission Regulation (EC) No. 589/2008 | Packing centre records. |
Article 22(1), second sub paragraph | Updating of packing centres physical stock records each week. | |
Article 22(2) | Articles 15 and 22(1) and (3) of Commission Regulation (EC) No. 589/2008 | Packing centres to keep separate records where class A eggs and their packs bear an indication of how laying hens are fed. |
Article 23 | Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 | Records and files referred to in Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 to be kept for at least 12 months from their date of creation. |
Article 24(5) | Articles 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 | Records referred to in Articles 20, 21 and 22 of Commission Regulation (EC) No. 589/2008 to be made available to the inspection services on first request. |
Article 30(2) | Eggs imported from third countries to have been clearly and legibly marked in the country of origin in accordance with the ISO 3166 country code. | |
Article 30(3) | F23... Article 11 of Commission Regulation (EC) No. 589/2008. | Marking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with [F24retained EU law] have not been provided. |
Textual Amendments
F4Words in Sch. 2 Pt. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(b)(i)
F5Words in Sch. 2 Pt. 2 inserted (29.1.2011) by The Eggs and Chicks (Scotland) Amendment Regulations 2010 (S.S.I. 2010/450), regs. 1, 13
F6Words in Sch. 2 Pt. 2 inserted (29.1.2011) by The Eggs and Chicks (Scotland) Amendment Regulations 2010 (S.S.I. 2010/450), regs. 1, 15
F7Words in sch. 2 Pt. 2 omitted (31.12.2020) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 4(10)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Sch. 2 Pt. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(b)(ii)
F9Words in Sch. 2 Pt. 2 inserted (29.1.2011) by The Eggs and Chicks (Scotland) Amendment Regulations 2010 (S.S.I. 2010/450), regs. 1, 14
F10Words in Sch. 2 Pt. 2 inserted (29.1.2011) by The Eggs and Chicks (Scotland) Amendment Regulations 2010 (S.S.I. 2010/450), regs. 1, 16
F11Words in Sch. 2 Pt. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(b)(iii)
F12Words in Sch. 2 Pt. 2 substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), Sch. 5 para. 16(c)(i)
F13Words in Sch. 2 Pt. 2 substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), Sch. 5 para. 16(c)(ii)
F14Words in sch. 2 Pt. 2 omitted (31.12.2020) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 4(10)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in sch. 2 Pt. 2 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(10)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Sch. 2 Pt. 2 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(b)(v)
F17Words in sch. 2 Pt. 2 omitted (31.12.2020) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(3), 4(10)(c)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Sch. 2 Pt. 2 substituted (9.12.2019) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(2)(c), 4(10)(c)(iv)(bb)
F19Words in sch. 2 Pt. 2 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(10)(c)(v)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in sch. 2 Pt. 2 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(10)(c)(v)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F21Words in Sch. 2 Pt. 2 substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), Sch. 5 para. 16(c)(iii)
F22Words in Sch. 2 Pt. 2 substituted (9.12.2019) by The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/347), regs. 1(2)(c), 4(10)(c)(vi)
F23Words in Sch. 2 Pt. 2 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 18(6)(b)(vi)
F24Words in sch. 2 Pt. 2 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(10)(c)(vii); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1O.J. L 139, 30.4.2004, p.1.
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