Special provisions as to Eggs

4 Cold and chemical storage of eggs.

(1)

Any premises used or intended to be used by way of trade or for purposes of gain for the cold storage or chemical storage of eggs may be registered in the prescribed manner in a register kept by the council of the county . . . F1in which the premises are situated, in accordance with regulations made by the Minister under this Act.

(2)

If and so long as any Order in Council made under section two of the M1Merchandise Marks Act, 1926, is in force prohibiting the sale or the exposure for sale in the United Kingdom of imported eggs unless they bear an indication of origin F2... F3or any regulation of the European Communities directly applicable in Great Britain is in force imposing requirements for securing that such eggs are marked with or accompanied by such an indication the following provisions shall have effect, that is to say:—

(a)

no premises shall be used by way of trade or for the purposes of gain for the cold storage or chemical storage of eggs, unless the premises are registered premises, and, if any premises are used in contravention of the provisions of this section, the occupier of the premises shall be guilty of an offence under this section:

F4(b)

it shall not be lawful to cause British eggs to be placed in cold storage or chemical storage in any registered premises unless notice in writing containing the prescribed particulars is given at or before the time of the placing to the council by which the premises are registered, and either—

(i)

the eggs are marked in the prescribed manner; or

(ii)

the eggs are not intended for sale by retail in shell and are kept in a container which is marked in the prescribed manner;

and if any person contravenes or fails to comply with the provisions of this paragraph he shall be guilty of an offence under this section:

F4(ba)

where British eggs have been placed in cold storage or chemical storage in any registered premises without being marked in the prescribed manner it shall not be lawful to cause them to be removed from those premises unless not less than forty-eight hours’ notice in writing containing the prescribed particulars has been given to the council by which the premises are registered, and either—

(i)

the eggs are marked in the prescribed manner; or

(ii)

the eggs are kept in a container marked in the prescribed manner and such evidence has been furnished to that council as is reasonably sufficient to satisfy the council that they are not intended for sale by retail in shell;

and if any person contravenes or fails to comply with the provisions of this paragraph he shall be guilty of an offence under this section:

F4(bb)

the occupier of any registered premises and any person who causes British eggs to be placed in cold storage or chemical storage in such premises shall keep the prescribed records and permit any duly authorised officer of the council of the county . . . F5 to inspect those records at all reasonable times; and if any person fails to comply with the provisions of this paragraph he shall be guilty of an offence under this section

(c)

an officer of the council of any county . . . F5, if authorised in that behalf and on production if so required of his authority, may at any time during the hours when the premises are open for business enter any premises in which he has reason to believe that eggs are kept in cold storage or chemical storage, and may search for and inspect eggs in the premises, and may require any person whom he finds in or about the premises to give such information as may reasonably be demanded of him as to any name and address required by the officer for the purposes of enabling him to carry out his duties under this Act, and any person who obstructs an officer so authorised in the execution of the powers conferred on him by this section or wilfully withholds any information which any such officer is empowered by this Act to require of him shall be guilty of an offence under this section:

(d)

if any person removes, alters or obliterates any mark which, in compliance with the requirements of the foregoing provisions of this section, was borne by any egg at the time when it was stored in any such premises as aforesaid, or sells or exposes for sale any egg from which such a mark has been removed or on which such a mark has been altered or obliterated, he shall, unless he proves that he acted without intent to defraud, be guilty of an offence under this section, and in the case of a second or subsequent offence under this paragraph the court may, in addition to any other penalty, order any eggs in relation to which the offence has been committed to be forfeited:

(e)

any person guilty of an offence under this section shall be liable on summary conviction in the case of a first offence to a fine not exceeding F6five pounds F6level 3 on the standard scale and in the case of a second or subsequent offence to a fine not exceeding F6twenty pounds F6level 3 on the standard scale.