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The Eggs and Chicks (England) Regulations 2009

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Regulation 9

SCHEDULE 2E+W+SGENERAL COMMUNITY PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE

This schedule has no associated Explanatory Memorandum

PART 1 E+W+SPROVISIONS OF THE SINGLE CMO REGULATION

Column 1Column 2Column 3
Relevant provision of the Single CMO RegulationProvisions to be read with the provisions of the Single CMO Regulation mentioned in column 1Subject matter
Article 113(3), first sub-paragraph, insofar as it relates to the marketing of eggsArticle 116 of, and Part A of Annex XIV to, the Single CMO Regulation and Commission Regulation (EC) No 589/2008Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part A of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 589/2008.
Point II(1) of Part A of Annex XIVArticle 2(1) and (4) of Commission Regulation (EC) No 589/2008Quality grading of Class A (or fresh) and Class B eggs.
Point II(2) of Part A of Annex XIVArticle 4(1) of Commission Regulation (EC) No 589/2008Weight grading of Class A eggs.
Point II(3) of Part A of Annex XIVProhibition on the delivery of Class B eggs except to the food and non-food industry.
Point III(1) of Part A of Annex XIV, first sub-paragraphArticles 9 and 11 of Commission Regulation (EC) No 589/2008Marking of Class A eggs.
Point III(1) of Part A of Annex XIV, 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 11(1)Marking of Class B eggs.
Point III(2) of Part A of Annex XIVPoint III(1) of Part A of Annex XIV to the Single CMO RegulationPlace at which eggs are marked.
Point III(3) of Part A of Annex XIV, first sub-paragraphPoint III(1) of Part A of Annex XIV and the second sub-paragraph of point III(3) of Part A of Annex XIV to the Single CMO Regulation and regulation 11(2)Marking of eggs sold by a producer to the final consumer at a local public market.
Point IV(1) of Part A of Annex XIV, third sentenceArticle 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 the third country concerned have been found to offer sufficient guarantees as to equivalence with Community legislation.
Point IV(3) of Part A of Annex XIVArticles 11 and 30(2) and (3) of Commission Regulation (EC) No 589/2008Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided.

PART 2 E+W+SPROVISIONS 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)The first indent of point II(1) of Part A of Annex XIV to the Single CMO Regulation, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 and regulation 16 as read with the Schedule 3 entry relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003Quality characteristics of Class A eggs and 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)The second indent of point II(1) of Part A of Annex XIV to the Single CMO Regulation, paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 and regulation 16 as read with the Schedule 3 entry relating to paragraph (a) of the second sub-paragraph of point 2 of Part D of Annex II to Regulation (EC) No 2160/2003Quality characteristics of Class B eggs and 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 Part A of Annex XIV to the Single CMO Regulation 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 Directive 2000/13/ECWeight 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 Article 9(2) of Directive 2000/13/ECPacks to be marked with date of minimum durability at the time of packing.
Article 7(1), first sub-paragraphThe second sub-paragraph of Article 7(1) of Commission Regulation (EC) No 589/2008Producers to identify each transport packaging containing eggs with certain information.
Article 7(2), first sub-paragraph, first sentenceArticle 7(1) and second sub-paragraph of Article 7(2) 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 sentenceThe first sentence of the first sub-paragraph and the second sub-paragraph of Article 7(2) 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 sentenceThe first sentence of the first sub-paragraph and second sub-paragraph of Article 7(2) 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, packing or further processing.
Article 8(1)Article 8(2) of Commission Regulation (EC) No 589/2008Eggs being 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)The second sub-paragraph of point III(1) of Part A of Annex XIV of the Single CMO Regulation 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 10The second sub-paragraph of point III(1) of Part A of Annex XIV to the Single CMO RegulationIndications on Class B eggs.
Article 12(1)Marking of packs of Class A eggs.
Article 12(2), first and 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 12, 13 and 14Farming 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 13Article 3(1)(5) of Directive 2000/13/ECDate of minimum durability.
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 17Quality 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 589/2008

Producer records on farming methods.
Article 20(2)

Articles 15 and 20(4) of Commission Regulation (EC) No 589/2008

Producer records on feeding method.
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) 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)Point IV(3) of Part A of Annex XIV to the Single CMO RegulationMarking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with Community legislation have not been provided.

Marginal Citations

M1OJ No L 30, 31.1.2002, p 44, last amended by Commission Directive 2006/83/EC (OJ No L 362, 20.12.2006, p 97).

M2OJ No L 198, 22.7.1991, p 1, last amended by Commission Regulation 404/2008 (OJ No L 120, 7.5.2008, p 8).

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