The Eggs and Chicks (England) Regulations 2009

These Regulations may be cited as the Eggs and Chicks (England) Regulations 2009 and come into force on 14^th September 2009.

They apply in England only.

In these Regulations—

• “the Act” means the Food Safety Act 1990;

• “authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under or in relation to the Act or these Regulations;

• “breeding establishment” has the meaning given by Article 1(3)(b) of Commission Regulation (EC) No 617/2008;

• “chicks” has the meaning given by Article 1(2) of Commission Regulation (EC) No 617/2008;

• “Commission Regulation (EC) No 589/2008” means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs, as amended from time to time;

• “Commission Regulation (EC) No 617/2008” means Commission Regulation (EC) No 617/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks, as amended from time to time;

• F42...

• F22...

• “door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer's home, or to the home of another person, or to the final consumer's place of work;

• “eggs” has the meaning given by sub-paragraph (k) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;

• “eggs for hatching” has the meaning given by Article 1(1) of Commission Regulation (EC) No 617/2008;

• “enforcement authority” means an authority exercising a function conferred on it by regulation 17;

• F43“the English welfare regulations” means the Welfare of Farmed Animals (England) Regulations 2007;

• “final consumer” has the meaning given by sub-paragraph (r) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;

• “food authority” means—

  1. a

     a county council;

  2. b

     a metropolitan district council;

  3. c

     a non-metropolitan district council for an area for which there is no county council;

  4. d

     a London borough council;

  5. e

     the Common Council of the City of London (in their capacity as a local authority); and

  6. f

     the Council of the Isles of Scilly;

• “hatchery” has the meaning given by Article 1(3)(c) of Commission Regulation (EC) No 617/2008;

• “local public market”, in relation to eggs laid at a production site, means—

  1. a

     a public market that is within an 80 kilometre radius of the boundary of the production site; or

  2. b

     where a public market is partly within an 80 kilometre radius of the boundary of the production site and partly outside an 80 kilometre radius of the boundary of the production site, the whole of that market;

• “market”, when used as a noun, means—

  1. a

     a market or fair for which the right to hold it was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or subordinate legislation; and

  2. b

     a temporary market—

     1. i

        comprising of a concourse of buyers and sellers of articles held otherwise than in a building or on a highway, with not less than five stalls, stands, vehicles (whether moveable or not) or pitches from which articles are sold; and

     2. ii

        for which any notice required under section 37(2) of the Local Government (Miscellaneous Provisions) Act 1982 M18 has been given;

• “officer”—

  1. a

     in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body; and

  2. b

     in relation to an unincorporated body, means any member of its governing body or a chief executive, manager or other similar officer of the body;

• “packing centre” has the meaning given by sub-paragraph (q) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;

• “pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Commission Regulation (EC) No 617/2008;

• “penalty” means the amount specified in a penalty notice;

• “penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with these Regulations, to discharge any liability to be convicted of the penalty offence to which the notice relates;

• “penalty offence” means an offence for which a penalty notice may be given under regulation 30;

• “production site” has the meaning given by sub-paragraph (p) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008;

• F49“region” means a region listed in Schedule 5;

• “region of production”, in relation to eggs marketed by a producer direct to a final consumer by door-to-door selling or at a local public market, means—

  1. a

     where the production site at which those eggs are produced is in one region—

     1. i

        the area within a 80 kilometre radius of the boundary of the production site; and

     2. ii

        any part of that region that is outside of that 80 kilometre radius of the boundary of the production site; and

  2. b

     where the production site at which those eggs are produced is partly in one region and partly in one or more other regions—

     1. i

        the area comprising of the area within a 80 kilometre mile radius of the boundary of the production site; and

     2. ii

        any part of the largest region into which the site falls that is outside of the 80 kilometre radius of the boundary of the production site;

• F23“Regulation (EC) No 2160/2003” means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents;

• F23“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

• F11“Regulation (EU) 2013” means F26Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time;

• “Single CMO Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), as amended from time to time.

• F50“third country” means any country or territory other than—

  1. (a)

     the United Kingdom,

  2. (b)

     the Bailiwick of Guernsey,

  3. (c)

     the Bailiwick of Jersey, or

  4. (d)

     the Isle of Man.

Any expression which is not defined in paragraph (1) but is used in Part 2 of, or Schedule 1 to, these Regulations and in Part C of Annex XIV to the Single CMO Regulation has the same meaning in those provisions of these Regulations as it does in the Single CMO Regulation.

Any expression which is not defined in paragraph (1) but is used in Part 3 or 4 of, or Schedule 2 to, these Regulations and in F12Part VI of Annex VII to Regulation (EU) 2013 , or Commission Regulation (EC) No 589/2008, has the same meaning in those provisions of these Regulations as it does in the EC Regulation in which it is used.

Any expression which is not defined in paragraph (1) but is used in Schedule 3 to these Regulations and in Regulation (EC) No 2160/2003 has the same meaning in Schedule 3 as it does in Regulation (EC) No 2160/2003.

Any reference to a contravention of, or failure to comply with, any provision mentioned in Schedule 3 means a contravention of, or failure to comply with, any provision of Regulation (EC) No 2160/2003 mentioned in column 1 of Schedule 3, as read with any provision mentioned in the corresponding entry in column 2 of that Schedule.

This Part applies to eggs for hatching and chicks to which point I(1) of Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008 apply.

But it does not apply to establishments and hatcheries of the type mentioned in point I(2) of Part C of Annex XIV to the Single CMO Regulation.

The Secretary of State is designated as the competent authority for the purpose of Article 2(1) of Commission Regulation (EC) No 617/2008 (registration of pedigree breeding establishments, other breeding establishments and hatcheries).

Where an application is made to the Secretary of State pursuant to Article 2(1) of Commission Regulation (EC) No 617/2008, the Secretary of State must give a notice to the applicant notifying them of the matters mentioned in paragraph (3) within a period of 28 days, beginning with the day after the day on which the Secretary of State receives the application.

Where the Secretary of State decides to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 1, the Secretary of State must give a notice to the person carrying on business at the establishment concerned (“P”) notifying them of the matters mentioned in paragraph (6).

Where the Secretary of State gives a notice to an applicant under paragraph (4), or to P under paragraph (7), the Secretary of State must specify a deadline in the notice by which any action mentioned in the notice must be taken.

Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.

For the purposes of calculating the 28-day time limit mentioned in paragraph (2), time does not run during any period that the Secretary of State gives to an applicant to take any action mentioned in a notice under paragraph (4).

Eggs for hatching may be marked with any abstract black mark, except for a spot, instead of being marked with the distinguishing number of the producer establishment (as otherwise required by Article 3(2) of Commission Regulation (EC) No 617/2008) if the conditions mentioned in paragraph (2) are complied with.

This Part applies to eggs to which point I(1) of F15Part VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No 589/2008 apply (eggs in shell for consumption produced by hens of the species Gallus gallus).

The Secretary of State is designated as the competent authority for the purpose of the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 (authorisation of undertakings as packing centres to grade eggs).

Where an application is made to the Secretary of State under the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008 to authorise an undertaking as a packing centre to grade eggs, the Secretary of State must give a notice to the applicant notifying them of the matters mentioned in paragraph (3) within a period of 28 days, beginning with the day after the day on which the Secretary of State receives the application.

Where the Secretary of State decides to withdraw an authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements mentioned in the first sub-paragraph of Article 5(2) of Commission Regulation (EC) No 589/2008, the Secretary of State must give a notice to the person carrying on business at the packing centre (“P”) notifying them of the matters mentioned in paragraph (6) within 28 days, beginning with the day on which the decision is made.

Where the Secretary of State gives a notice to an applicant under paragraph (4), or to P under paragraph (7), the Secretary of State must specify a deadline in the notice by which any action mentioned in the notice must be taken.

Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.

For the purposes of calculating the 28-day time limit mentioned in paragraph (2), time does not run during any period that the Secretary of State gives to an applicant to take any action mentioned in a notice under paragraph (4).

The provision in the second sub-paragraph of point III(1) of F18Part VI of Annex VII to Regulation (EU) 2013 Regulation (requiring Class B eggs to be marked) does not apply where Class B eggs are to be marketed F44in Great Britain.

The provision in the first sub-paragraph of point III(3) of F18Part VI of Annex VII to Regulation (EU) 2013 (requiring eggs sold by a producer to a final consumer in a local public market in the region of production to be marked in accordance with point III(1) of F18Part VI of Annex VII to Regulation (EU) 2013) does not apply in the case of a producer with up to 50 laying hens if the name and address of the producer are indicated at the point of sale.

But paragraphs (1) and (2) do not apply to eggs that must be considered as Class B eggs by virtue of paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003.

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.

It is for a person seeking to rely on paragraph (1) in order to market eggs as free-range eggs to prove that the eggs are eggs to which paragraph (2) applies.

By way of derogation from the provisions of point 2 of Annex II to Commission Regulation (EC) No 589/2008, eggs to which paragraph (2) applies may be marketed as barn eggs.

It is for a person seeking to rely on paragraph (1) in order to market eggs as barn eggs to prove that the eggs are eggs to which paragraph (2) applies.

The Secretary of State may enforce the provisions mentioned in Schedule 2, as read with regulation 9, and the provisions mentioned in Schedule 3, as read with regulation 16, insofar as they apply to the retail sale of eggs, the sale of eggs to a mass caterer or the use of eggs.

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

In this regulation—

• “retail sale” means any sale other than a sale for use or resale in the course of a trade or business; and

• “sale” includes possession for sale and offer, exposure and advertising for sale.

The Secretary of State (“S”) must give any food authority such assistance and information as they may reasonably request for the purpose of helping them perform their duties under these Regulations, and S may share any other information obtained by S with any food authority (although not requested by the authority) for the purpose of helping them perform those duties.

In paragraph (1) “information” means information obtained by S as the competent authority designated by regulation 6(1), as the competent authority designated by regulation 10(1) or as an enforcement authority.

S may use information obtained by S as the competent authority designated by regulation 6(1), or as the competent authority designated by regulation 10(1), for the purpose of helping S perform S's duties as an enforcement authority under these Regulations.

S may use information obtained by S as an enforcement authority under these Regulations for the purpose of helping S perform S's duties as the competent authority designated by regulation 6(1) or as the competent authority designated by regulation 10(1).

Each food authority must give any other food authority or S such assistance and information as they may reasonably request for the purpose of helping them perform their duties under these Regulations, and each food authority may share any other information obtained by them as an enforcement authority with any other food authority or S (although not requested by the authority or S) for the purpose of helping them perform their duties under these Regulations.

In paragraph (5) “information” means information obtained by a food authority as an enforcement authority.

An authorised officer may enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.

The authorised officer may take with them such other persons as they consider necessary.

An authorised officer must not exercise the powers under paragraph (1) or (2) except on the production, if so required, of a duly authenticated document showing their authority.

Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier or the entry is in accordance with a warrant granted under this regulation.

If a justice of the peace, on sworn information in writing, is satisfied of the matters mentioned in paragraph (6), they may sign a warrant permitting an authorised officer to enter any premises, if needs be by reasonable force.

Condition A is that on the premises there are items of the type mentioned in regulation 20(1)(a) or documents or records of the type mentioned in regulation 20(1)(e) and that their inspection is likely to disclose evidence of a contravention of, or failure to comply with, these Regulations.

Condition B is that a contravention of, or failure to comply with, these Regulations has occurred, is occurring or is about to occur on those premises.

Condition C is that admission to the premises has been, or is likely to be, refused, and that the occupier has been informed (whether orally or in writing) that a warrant may be applied for.

Condition D is that admission to the premises has been, or is likely to be, refused, and informing the occupier that a warrant under this regulation may be applied for may defeat the object of the entry.

Condition E is that the premises are unoccupied or that the occupier is temporarily absent and it may defeat the object of the entry to await their return.

An authorised officer who enters any premises that are unoccupied or where the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as when they found them.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

P is guilty of an offence if they fail to comply with a regulation 20(2) direction given to them by O.

A person, other than O and P, who knows about a regulation 20(2) direction is guilty of an offence if (although the direction was not given to them) they disturb any item or premises in contravention of the terms of the direction.

If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (2), O may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.

A person who knows that packs or other containers for eggs or eggs for hatching have been taped or otherwise secured by O (pursuant to paragraph (5)) is guilty of an offence if they interfere with any of those packs or containers unless authorised to do so, in writing, by O.

O may seize and detain any item of the type mentioned in paragraph (1)(a)(i) to (iv) or document or record mentioned in paragraph (1)(e) that O has reason to believe may be required as evidence in proceedings under these Regulations.

O may seize as liable to destruction any item of the type mentioned in paragraph (1)(a)(i) to (iv) that O reasonably believes contravenes any provision of these Regulations.

O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1)(e), and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with, those documents or records (and in doing so may recover data), provided it is returned as soon as practicable and, in any event, within 28 days, beginning with the day on which the equipment is seized.

P is guilty of an offence if they fail to comply with a regulation 20(10) notice given to them by O.

A person, other than O and P, who knows about a regulation 20(10) notice, is guilty of an offence if (although the notice was not given to them) they disturb or remove an item or computer equipment in contravention of the terms of the notice.

O must not exercise the powers under this regulation except on the production, if so required, of a duly authenticated document showing their authority.

In this regulation “premises” includes any place and any vehicle, trailer, stall or moveable structure.

An authorised officer (“O”) must follow the procedures set out in this regulation if they seize anything under regulation 20(7), (8) or (9).

But where the premises are unoccupied, or no-one appears to O to be in charge of the premises, O must attach a notice to a conspicuous part of the premises, or to some conspicuous object on the premises, containing the information mentioned in sub-paragraphs (a) to (d) of paragraph (2).

A person having a proprietary interest in the seized item or computer equipment (including a creditor who has a debt secured on the item or computer equipment) may notify the enforcement authority of any claim that the seized item or equipment was not liable to seizure, setting out the grounds for the claim in full.

The claim must be made within 28 days of the seizure, beginning on the day on which the seized item or computer equipment is seized, to the address specified in the seizure notice.

If a notification of a claim is not received within 28 days in respect of an item seized under regulation 20(7), the enforcement authority may retain the seized item for as long as necessary while it is being held for the purpose of any criminal investigation or proceedings or for use as evidence at a trial.

If, in the case of any computer equipment seized under regulation 20(9), the magistrates' court authorises the enforcement authority to retain the seized computer equipment, the court may impose conditions as to the basis on which the equipment may continue to be retained, including the imposition of a deadline by which the equipment must be returned that is shorter than the 28 day maximum period provided for in regulation 20(9).

The procedure in a magistrates' court under this regulation is by way of complaint and the Magistrates' Courts Act 1980 M19 applies to the proceedings.

If an authorised officer (“O”) has reasonable grounds for believing that any person (“P”) is failing to comply with these Regulations, O may, by notice (a “regulation 22(1) compliance notice”), require P to take such steps as O may specify (or steps at least equivalent to them), within such period as O may specify, to secure that the non-compliance does not continue or recur.

A person is guilty of an offence if they fail to comply with a regulation 22(1) compliance notice given to them under paragraph (1).

If O has reasonable grounds for believing that any item mentioned in paragraph (5) does not comply in any one or more respects with the requirements mentioned in Schedule 1, 2 or 3, O may, by notice (a “regulation 22(4) compliance notice”), instruct the person (“P”) who appears to O to be in charge of the premises on which the relevant item is found that, unless otherwise directed in writing by O, the relevant item must not be removed from those premises until it complies with those requirements.

P is guilty of an offence if they remove an item to which a regulation 22(4) compliance notice given to them by O relates from the premises on which it was found by O in contravention of the terms of that notice unless directed in writing by O to do so.

A person, other than O and P, who knows about a regulation 22(4) compliance notice, is guilty of an offence if they remove an item to which the notice relates (although the notice was not given to them) from the premises on which it was found by O in contravention of the terms of that notice unless directed in writing by O to do so.

Any person who is aggrieved by a decision specified in paragraph (2) may appeal against that decision to a magistrates' court.

The withdrawal of a registration or authorisation referred to in paragraph (2) does not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of or withdrawn.

The Secretary of State may by notice direct any person carrying on any activity regulated by a provision mentioned in Schedule 1, 2 or 3 to comply with any of the requirements mentioned in paragraph (2).

A person is guilty of an offence if they do not comply with any requirement imposed on them by a direction given by the Secretary of State under paragraph (1).

An enforcement authority must publicise the cases in which items seized under regulation 20(8) have been destroyed and shall do so in such manner as it sees fit.

But an enforcement authority must not publicise the destruction of any item seized under regulation 20(8) where it considers that it would be inappropriate to do so.

An enforcement authority must publicise the cases in which compliance notices have been given by it under regulation 22 and shall do so in such manner as it sees fit.

Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.

But no such proceedings may be commenced by virtue of paragraph (1) more than three years after the commission of the offence.

Where an offence committed by a body corporate (other than a limited liability partnership or a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of, an officer of the body corporate, or a person purporting to act in such a capacity, that officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member, and a person purporting to act in such a capacity, in connection with the member's functions of management as it applies to an officer of a body corporate.

Where an offence committed by an unincorporated body (other than an unincorporated partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect on the part of, any officer or a person purporting to act in such a capacity, that officer or person (as well as the unincorporated body) is guilty of the offence and liable to be proceeded against and punished accordingly.

Where an offence committed by a partnership (including a limited liability partnership and a Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of a partner, or a person purporting to act in such a capacity, the partner or person (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

In this regulation “offence” means an offence under these Regulations.

The amount of the penalty is to be determined by the enforcement authority and must not be less than £100 or more than £4,500.

The factors to be taken into account by the enforcement authority in determining the amount of the penalty may include (but are not limited to) one or more of the factors mentioned in Schedule 4.

Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 37.

Payment of any penalty must be made to the person mentioned in the penalty notice by sending it by post or by such method as may be mentioned in the notice.

Payment of any penalty must not be made in cash.

A penalty notice may be withdrawn by an enforcement authority which has reason to believe that it ought not to have been given (whether to the person named in the penalty notice or otherwise).

A penalty notice may be withdrawn by the enforcement authority giving notice to the person named in the penalty notice before or after the payment of the penalty.

Where an enforcement authority withdraws a penalty notice it must repay any penalty paid under the penalty notice to the person named in the penalty notice within 28 days, beginning with the day on which the notice of the withdrawal of the penalty notice is given.

The notice may be given to a body corporate by being given to an officer of that body.

The notice may be given to a limited liability partnership, Scottish partnership or unincorporated partnership by being given to a partner or a person having the control or management of the partnership business.

The notice may be given to any other unincorporated body by being given to an officer of the unincorporated body.

For the purposes of paragraph (5) the references to “the principal office” in relation to a company which is registered outside the United Kingdom, a partnership which is carrying on business outside the United Kingdom and any other unincorporated body which has its principal office outside the United Kingdom, include a reference, in each case, to their principal office within the United Kingdom (if any).

Paragraph (8) applies if a person to be given a notice under these Regulations has specified an address (“the specified address”) within the United Kingdom other than their proper address (as decided under paragraph (5)) as the one at which they, or someone on their behalf, will accept documents of the same description as a notice given under these Regulations.

The specified address is also to be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation as the person's proper address.

In this regulation—

• “body corporate” does not include a limited liability partnership or a Scottish partnership; and

• “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 M21.

The following provisions of the Act apply for the purposes of these Regulations with the modifications mentioned in paragraph (2)—