The Eggs and Chicks (England) Regulations 2009

Enforcement E+W+S

17.—(1) Each food authority must—

(a) 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—

(i) the retail sale of eggs within their area;

(ii) the sale of eggs to a mass caterer in their area; and

(iii) the use of eggs within their area.

(b) enforce the provisions of regulation 20(3) and (4) in the case of a direction given by an authorised officer who is authorised by the food authority (“a food authority officer”);

(c) enforce the provisions of regulation 20(6) in the case of a pack or container secured by a food authority officer;

(d) enforce the provisions of regulation 20(11) and (12) in the case of the disturbance or removal of any item or computer equipment in contravention of the terms of a notice given by a food authority officer;

(e) enforce the provisions of regulation 22(3) in the case of a compliance notice given by a food authority officer;

(f) enforce the provisions of regulation 22(7) in the case of a compliance notice given by a food authority officer; and

(g) enforce the provisions of regulation 26 in the case of an obstruction of a food authority officer.

(2) 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.

(3) The Secretary of State must—

(a) enforce the provisions mentioned in Schedule 1, as read with regulation 5;

(b) 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 do not apply to the retail sale of eggs, the sale of eggs to a mass caterer or the use of eggs;

(c) enforce the provisions of regulation 20(3) and (4) in the case of a direction given by an authorised officer who is authorised by the Secretary of State (“an officer of the Secretary of State”);

(d) enforce the provisions of regulation 20(6) in the case of a pack or container secured by an officer of the Secretary of State;

(e) enforce the provisions of regulation 20(11) and (12) in the case of the disturbance or removal of any item or computer equipment in contravention of the terms of a notice given by an officer of the Secretary of State;

(f) enforce the provisions of regulation 22(3) in the case of a compliance notice given by an officer of the Secretary of State;

(g) enforce the provisions of regulation 22(7) in the case of a compliance notice given by an officer of the Secretary of State;

(h) enforce the provisions of regulation 24(4); and

(i) enforce the provisions of regulation 26 in the case of an obstruction of an officer of the Secretary of State.

[F1 (3A) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.]

(4) 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.

Textual Amendments

F1 Reg. 17(3A) inserted (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 31