The Eggs and Chicks (England) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and remake, with modifications, the Eggs (Marketing Standards) Regulations 1995 (S.I. 1995/1544) insofar as they apply to England.

The 1995 Regulations, as amended, made provision for the enforcement of certain provisions of Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks (OJ No. L 282, 1.11.1975, p. 100) and Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75 (OJ No. L 209, 17.8.1977, p. 1). They also made provision for the enforcement of certain provisions of Council Regulation (EEC) No. 1907/90 (OJ No. L 173, 6.7.1990, p. 5) on certain marketing standards for eggs and Commission Regulation (EC) No. 2295/2003 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90 (OJ No. L 340, 24.12.2003, p. 16). Council Regulation (EEC) No. 1907/90 and Commission Regulation (EC) No. 2295/2003 have been revoked and replaced by Council Regulation (EC) No. 1028/2006 (OJ No. L 186, 7.7.2006, p. 1) and Commission Regulation (EC) No. 557/2007 (OJ No. L 132, 24.5.2007, p.5). These Regulations make provision for the continued enforcement of certain provisions of Council Regulation (EEC) No. 2782/75 and the continued enforcement of certain provisions of Commission Regulation (EEC) No. 1868/77, as from time to time amended, and also for the enforcement of certain provisions of Council Regulation (EC) No. 1028/2006, as from time to time amended, and Commission Regulation (EC) No. 557/2007, as from time to time amended.

The Regulations include provisions —

(a) making the failure to comply with the provisions of Council Regulation (EEC) No. 2782/75 and Commission Regulation (EEC) No. 1868/77 mentioned in Schedule 2 an offence (regulation 4);

(b) relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 5);

(c) derogating from Article 2(1) of Commission Regulation (EEC) No. 1868/77 by allowing eggs for hatching to be marked in a different manner from that specified in that provision (regulation 6);

(d) making the failure to comply with the provisions of Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 mentioned in Schedule 3 an offence (regulation 7);

(e) relating to the authorisation of packing centres to grade eggs (regulation 8);

(f) derogating from the provisions of Council Regulation (EC) No. 1028/2006, as regards the marking of eggs for consumption (regulation 9);

(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 10);

(h) derogating from the provisions of Commission Regulation (EC) No. 557/2007, 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 11);

(i) derogating from the provisions of Commission Regulation (EC) No. 557/2007, 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 12);

(j) providing a right of appeal against certain decisions of the Secretary of State and authorised officers (regulation 18); and

(k) creating a penalty for offences under the Regulations (regulation 19).

A partial regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk or from the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website (www.opsi.gov.uk).