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

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Regulation 4

SCHEDULE 1SCOMMUNITY PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE

PART 1SPROVISIONS OF THE SINGLE CMO REGULATION [F1OR COUNCIL REGULATION 2013]

Column 1Column 2Column 3
[F2Relevant EU provision]Provisions to be read with the provisions of the Single CMO Regulation mentioned in column 1Subject matter
[F3Article 74 of the Council Regulation 2013] insofar as it relates to the marketing of eggs for hatching and chicksPart C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008Prohibition on the marketing of eggs for hatching and of chicks except in accordance with the marketing standards laid down in Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No. 617/2008.
Point II(1) of Part C of Annex XIV [F4to the Single CMO]Article 3(1) of Commission Regulation (EC) No. 617/2008Marking of eggs for hatching.
Point II(2) of Part C of Annex XIV [F4to the Single CMO]Article 3(4) and (5) of Commission Regulation (EC) No. 617/2008Transportation and packing of eggs for hatching.
Point II(3) of Part C of Annex XIV [F4to the Single CMO]Article 3(8) of Commission Regulation (EC) No. 617/2008Packages of eggs for hatching imported from a third country.
Point III(1) of Part C of Annex XIV [F4to the Single CMO]Article 4(1) of Commission Regulation (EC) No. 617/2008Packing of chicks by species, type and category of poultry.
Point III(2) of Part C of Annex XIV [F4to the Single CMO]Article 4(2) of Commission Regulation (EC) No. 617/2008Content and marking of boxes of chicks.
Point III(3) of Part C of Annex XIV [F4to the Single CMO]Article 4(1) and (3) of Commission Regulation (EC) No. 617/2008Importation of chicks from a third country.

PART 2SPROVISIONS OF COMMISSION REGULATION (EC) NO. 617/2008

Column 1Column 2Column 3
Relevant provision of Commission Regulation (EC) No. 617/2008Provisions to be read with the provisions of Commission Regulation (EC) No. 617/2008 mentioned in column 1Subject matter
Article 2(1)Registration of pedigree breeding establishments, breeding establishments and hatcheries.
Article 3(1)Article 3(2) and (3) of Commission Regulation (EC) No. 617/2008Individual marking of eggs for hatching.
Article 3(2)Article 3(3) and (5) of Commission Regulation (EC) No. 617/2008 and regulation 6Marking of eggs for hatching at producer establishment.
Article 3(4)Article 3(5) and (6) of, and Annex II to, Commission Regulation (EC) No. 617/2008Packing of eggs for hatching.
Article 3(6)Article 3(4) and (5) of Commission Regulation (EC) No. 617/2008Distinguishing number of producer establishment on packs and containers in which eggs for hatching are transported.
Article 3(7)Article 3(1), (2) and (3) of Commission Regulation (EC) No. 617/2008 and regulation 6Prohibition on transporting or trading eggs for hatching between Member States unless properly marked.
Article 3(8)Importation of eggs for hatching.
Article 4(1)Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(2) of Commission Regulation (EC) No. 617/2008Packing of chicks by species, type and category of poultry.
Article 4(2)Point III(2) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No. 617/2008Content and minimum marking requirement for packs containing chicks.
Article 4(3)Point III(3) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No. 617/2008Importation of chicks from third countries, including content and minimum marking requirement for packs containing such chicks.
Article 5(1)Documentation that must accompany batches of eggs for hatching and chicks.
Article 5(2)Article 5(1) of Commission Regulation (EC) No. 617/2008Name of country of origin to be provided in the documentation that must accompany batches of eggs for hatching and chicks imported from a third country.
Article 6Keeping of records by hatcheries.
Article 7Restriction on the use of eggs withdrawn from an incubator.
Article 8(1)Obligation on hatcheries to provide monthly reports.

Regulation 7

SCHEDULE 2SCOMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

[F5PART 1SPROVISIONS OF COUNCIL REGULATION 2013

Column 1Column 2Column 3
Relevant provision of Council Regulation 2013Provisions to be read with the provisions of Council Regulation 2013 mentioned in column 1Subject matter
Article 75 insofar as it relates to the marketing of eggsPart VI of Annex VII to Council Regulation 2013 and Commission Regulation (EC) No. 589/2008Prohibition 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 VIIArticle 2(1) and (4) of Commission Regulation (EC) No. 589/2008Grading of eggs as class A (“fresh”) or class B.
Point II(2) of Part VI of Annex VIIArticle 4(1) of Commission Regulation (EC) No. 589/2008Weight grading of class A eggs.
Point II(3) of Part VI of Annex VIIProhibition 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 paragraphPoint III(3) of Part VI of Annex VII to Council Regulation 2013 and Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008Marking of class A eggs.
Point III(1) of Part VI of Annex VII, second sub paragraphArticles 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 VIIPoint III(1) of Part VI of Annex VII to Council Regulation 2013Place at which eggs are marked.
Point III(3) of Part VI of Annex VII, first sub paragraphPoint 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 2013Marking of eggs sold by a producer to the final consumer at a local public market.
Articles 75(2) and (3) of Council Regulation 2013Article 30(2) of Commission Regulation (EC) No. 589/2008Marking of eggs imported from a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation
Articles 75(2) and (3) of Council Regulation 2013Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008Marking of eggs and packs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.]

PART 2SPROVISIONS OF COMMISSION REGULATION (EC) NO. 589/2008

Column 1Column 2Column 3
Relevant provision of Commission Regulation (EC) No. 589/2008Provisions to be read with the provisions of Commission Regulation (EC) No. 589/2008 mentioned in column 1Subject matter
Article 2(1)Point II(1) of [F6Part VI of Annex VII, paragraph (a), to the Council Regulation 2013][F7, 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[F8and cases in which eggs meeting those quality characteristics must be categorised as class B eggs].
Article 2(2)Article 3 of Commission Regulation (EC) No. 589/2008Prohibition 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 [F9Part VI of Annex VII, paragraph (b), to the Council Regulation 2013][F10, 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 [F11and 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 [F12Part VI of Annex VII to the Council Regulation 2013] and Article 4(3) of Commission Regulation (EC) No. 589/2008Grading of class A eggs by weight.
Article 4(2)Article 4(1) of Commission Regulation (EC) No. 589/2008 and [F13Regulation (EU) No 1169/2011]Weight grading indications.
Article 4(3)Article 4(1) of Commission Regulation (EC) No. 589/2008Minimum 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 paragraphGrading 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. 589/2008Class 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 [F14point 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 paragraphArticle 7(1), second sub paragraph, of Commission Regulation (EC) No. 589/2008Producers 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 sentenceArticle 7(1), and Article 7(2), second sub-paragraph, of Commission Regulation (EC) No. 589/2008Application 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 sentenceArticle 7(2), first sub paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008Intervening 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 sentenceArticle 7(2), first sub paragraph, first sentence, and second sub-paragraph, of Commission Regulation (EC) No. 589/2008Original 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. 589/2008Prohibition 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.
Article 8(1)Article 8(2) and (3) of Commission Regulation (EC) No. 589/2008Eggs delivered from a production site to a collector, packing centre or non-food industry in another Member State to be marked with the producer code before leaving the production site, except where an exemption has been granted under Article 8(2) of Commission Regulation (EC) No. 589/2008.
Article 8(2), last sentenceA copy of the delivery contract to accompany a consignment of eggs for which an exemption has been granted under Article 8(2) of Commission Regulation (EC) No. 589/2008.
Article 8(5)Point III(1) of [F15Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013], and Article 10 of Commission Regulation (EC) No. 589/2008Marking of class B eggs for marketing in another Member State.
Article 9(1)Point 2 of the Annex to Commission Directive 2002/4/EC M1 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/ECProducer code.
Article 10Point 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), firstand second sub paragraphsArticle 12(1) of, and Part A of Annex I, and Annex II, to Commission Regulation (EC) No. 589/2008, Article 2 of Council Regulation (EEC) No. 2092/91 M2 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, and regulations 10, 11 and 12Farming method to be shown on the outer surface of packs containing class A eggs.
Article 12(2), third sub paragraphArticle 9(1) of Commission Regulation (EC) No. 589/2008Producer code to be explained on or inside packs.
Article 12(2), fourth sub paragraphPart B of Annex I to Commission Regulation (EC) No. 589/2008 and Chapter III of Council Directive 1999/74/ECUse of an indication listed in Part B of Annex I to Commission Regulation (EC) No. 589/2008 (enriched cages).
Article 12(4)Marking of packs of class B eggs.
Article 13 [F17Article 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. 589/2008Laying 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 15Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed.
Article 16Information to be given for loose egg sales.
Article 17Chapter X of Annex 11 to Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M3Quality of packs.
Article 18Packaging containers in which industrial eggs are marketed.
Article 19Repacking of class A eggs.
Article 20(1)Article 20(4) of Commission Regulation (EC) No. 589/2008Producer records on farming methods.
Article 20(2)Articles 15 and 20(4) of Commission Regulation (EC) No. 589/2008Producer records on feed.
Article 20(3)Article 20(1) and (2) of Commission Regulation (EC) No. 589/2008Information 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. 589/2008Collector records on eggs collected and delivered by them.
Article 22(1), first sub paragraphArticle 22(3) of Commission Regulation (EC) No. 589/2008Packing centre records.
Article 22(1), second sub paragraphUpdating of packing centres physical stock records each week.
Article 22(2)Articles 15 and 22(1) and (3) of Commission Regulation (EC) No. 589/2008Packing centres to keep separate records where class A eggs and their packs bear an indication of how laying hens are fed.
Article 23Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No. 589/2008Records 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. 589/2008Records 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)F18... 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 [F19EU] legislation have not been provided.

Textual Amendments

Marginal Citations

M1O.J. No. L 30, 31.1.2002, p.44. The Directive was amended by Commission Directive 2006/83/EC (O.J. No. L 362, 20.12.2006, p.97).

M2O.J. No. L 198, 22.7.1991, p.1. The Regulation was last amended by Commission Regulation 404/2008 (O.J. No. L 120, 7.5.2008, p.8).

M3O.J. L 139, 30.4.2004, p.1.

Regulations 2(1) and (6),12A, 13A(3), 15A and 20(2)

[F20SCHEDULE 2ASEU PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION: SALMONELLA CONTROL RELATED REQUIREMENTS THE CONTRAVENTION OF WHICH IS AN OFFENCE

Column 1Column 2Column 3
Relevant provision of Regulation (EC) No. 2160/2003Provisions to be read with the provisions of Regulation (EC) No. 2160/2003 mentioned in column 1Subject matter
Point 1 of Part D of Annex IIArticle 1(3) of Regulation (EC) No. 2160/2003Prohibition on the use of eggs for direct human consumption as table eggs unless they originate from a commercial flock of laying hens subject to a national control programme and are not under official restriction.
Point 2, first sub-paragraph, of Part D of Annex IIPoint 4 of Part D of Annex II to Regulation (EC) No. 2160/2003Prohibition on the use of certain zoonosis status eggs for human consumption unless treated, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (a), of Part D of Annex IIArticle 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No. 2160/2003, the provisions of Articles 113(3) and 116 of, and [F21Part VI of Annex VII to the Council Regulation 2013], and Commission Regulation (EC) No. 589/2008, in so far as they relate to class B eggsTreatment of certain zoonosis eggs as class B eggs, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (b), of Part D of Annex IIArticle 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No. 2160/2003 and Article 10 of Commission Regulation (EC) No. 589/2008Marking of certain zoonosis status eggs with the indication required by Article 10 of Commission Regulation (EC) No. 589/2008, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 are lifted under point 4 of that Part.
Point 2, second sub-paragraph, paragraph (c), of Part D of Annex IIPoint 4 of Part D of Annex II to Regulation (EC) No. 2160/2003Prohibited access to packing centres for certain zoonosis status eggs unless the competent authority is satisfied with measures to prevent possible cross-contamination, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No. 2160/2003 are lifted under point 4 of that Part.]

Regulation 23

SCHEDULE 3SCONSEQUENTIAL AMENDMENTS

The Colours in Food Regulations 1995S

1.  In the Colours in Food Regulations 1995 M4, for regulation 5(b) (use of colours on eggshells) substitute–

(b)the marking (as provided for by Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products M5 and Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs) M6,.

Marginal Citations

M4S.I. 1995/3124, to which the last relevant amendment was made by S.S.I. 2008/129..

M5O.J. No. L 299, 16.11.2007, p.1. This Regulation was last amended by Council Regulation (EC) No. 510/2008 (O.J. No. L 149, 7.6.2008, p.61).

M6O.J. No. L 163, 24.6.2008, p.6. This Regulation has been amended by Commission Regulation (EC) 598/2008 (O.J. No. L 164, 25.6.2008, p.14).

The Food Labelling Regulations 1996S

2.  In the Food Labelling Regulations 1996 M7

(a)for regulation 4(2)(f) (disapplication of labelling requirements) substitute–

(f)hen eggs, in so far as their labelling is regulated in Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products and Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs;; and

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marginal Citations

M7S.I. 1996/1499, to which the last relevant amendment was made by S.S.I. 2008/129.

The Food Hygiene (Scotland) Regulations 2006S

3.  In the Food Hygiene (Scotland) Regulations 2006 M8 for paragraph 2(2)(g) of Schedule 4 (chilled and hot holding requirements) to those Regulations substitute–

(g)to which Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products and Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs applies..

Marginal Citations

M8S.S.I. 2006/3, to which the last relevant amendment was made by S.S.I. 2008/129.

The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006S

4.  In article 2 (interpretation) of the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 M9 for the definition of “packing centre” substitute– “ “packing centre” has the same meaning as in sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs; ”.

Marginal Citations

The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006S

5.  In regulation 2 (interpretation) of the Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 M10 for the definition of “packing centre” substitute– “ “packing centre” has the same meaning as in sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs; ”.

Marginal Citations

M10S.S.I. 2006/337, to which the last relevant amendment was made by S.S.I. 2008/129.

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