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The Eggs and Chicks (England) Regulations 2009
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- 2009 No. 2163
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Changes over time for: The Eggs and Chicks (England) Regulations 2009 (Schedules only)
Version Superseded: 01/06/2018
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There are currently no known outstanding effects for the The Eggs and Chicks (England) Regulations 2009.
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Regulation 5
SCHEDULE 1E+W+S[F1EU] PROVISIONS RELATING TO EGGS FOR HATCHING AND CHICKS CONTRAVENTION OF WHICH IS AN OFFENCE
Textual Amendments
F1Word in Sch. 1 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
PART 1E+W+SPROVISIONS OF THE SINGLE CMO REGULATION [F2 or Regulation (EU) 2013]
Textual Amendments
F2Words in Sch. 1 Pt. 1 heading inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(7)(a)
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of the Single CMO Regulation [F3or Regulation (EU) 2013 ] | Provisions to be read with the provisions of the Single CMO Regulation [F3or Regulation (EU) 2013 ] mentioned in column 1 | Subject matter | |
| [F4Article 74 of Regulation (EU) 2013 ], insofar as it relates to the marketing of eggs for hatching and chicks | Article 116 of, and Part C of Annex XIV to, the Single CMO Regulation and Commission Regulation (EC) No 617/2008 | Prohibition on the marketing of eggs for hatching and of chicks except in accordance with the marketing standards laid down in Part C of Annex XIV to the Single CMO Regulation and Commission Regulation (EC) No 617/2008. | |
| Point II(1) of Part C of Annex XIV [F5to the Single CMO Regulation] | Article 3(1) of Commission Regulation (EC) No 617/2008 | Marking of eggs for hatching. | |
| Point II(2) of Part C of Annex XIV [F5to the Single CMO Regulation] | Article 3(4) and (5) of Commission Regulation (EC) No 617/2008 | Transportation and packing of eggs for hatching. | |
| Point II(3) of Part C of Annex XIV [F5to the Single CMO Regulation] | Article 3(8) of Commission Regulation (EC) No 617/2008 | Importation of packages of eggs for hatching from a third country. | |
| Point III(1) of Part C of Annex XIV [F5to the Single CMO Regulation] | Article 4(1) of Commission Regulation (EC) No 617/2008 | Packing of chicks by species, type and category of poultry. | |
| Point III(2) of Part C of Annex XIV [F5to the Single CMO Regulation] | Article 4(2) of Commission Regulation (EC) No 617/2008 | Content and marking of boxes of chicks. | |
| Point III(3) of Part C of Annex XIV [F5to the Single CMO Regulation] | Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) and (3) of Commission Regulation (EC) No 617/2008 | Importation of chicks from a third country. | |
Textual Amendments
F3Words in Sch. 1 Pt. 1 inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(7)(b)
F4Words in Sch. 1 Pt. 1 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(7)(c)
F5Words in Sch. 1 Pt. 1 inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(7)(d)
PART 2E+W+SPROVISIONS OF COMMISSION REGULATION (EC) NO 617/2008
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of Commission Regulation (EC) No 617/2008 | Provisions to be read with the provisions of Commission Regulation (EC) No 617/2008 mentioned in column 1 | Subject matter | |
| Article 2(1) | Registration of pedigree breeding establishments, breeding establishments and hatcheries. | ||
| Article 3(1) | Article 3(2) and (3) of Commission Regulation (EC) No 617/2008 | Individual marking of eggs for hatching. | |
| Article 3(2) | Article 3(3) and (5) of Commission Regulation (EC) No 617/2008 and regulation 7 | Marking of eggs for hatching at producer establishment. | |
| Article 3(4) | Article 3(5) and (6) of, and Annex II to, Commission Regulation (EC) No 617/2008 | Transport of eggs for hatching: packing requirements. | |
| Article 3(6) | Article 3(4) and (5) of Commission Regulation (EC) No 617/2008 | Distinguishing number of producer establishment on packs and containers in which eggs for hatching are transported. | |
| Article 3(7) | Article 3(1), (2) and (3) of Commission Regulation (EC) No 617/2008 and regulation 7 | Prohibition on transporting or trading eggs for hatching between Member States unless properly marked. | |
| Article 3(8) | Marking and packages of imported eggs for hatching. | ||
| Article 4(1) | Point III(1) of Part C of Annex XIV to the Single CMO Regulation and Article 4(2) of Commission Regulation (EC) No 617/2008 | Packing of chicks by species, type and category of poultry. | |
| Article 4(2) | Point III(2) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No 617/2008 | Content and minimum marking requirement for packs containing chicks. | |
| Article 4(3) | Point III(3) of Part C of Annex XIV to the Single CMO Regulation and Article 4(1) of Commission Regulation (EC) No 617/2008 | Importation of chicks from third countries, including content and minimum marking requirement for packs containing such chicks. | |
| Article 5(1) | Documentation that must accompany batches of eggs for hatching and chicks. | ||
| Article 5(2) | Article 5(1) of Commission Regulation (EC) No 617/2008 | Special requirements as to information to be provided in the documentation that must accompany batches of eggs for hatching and chicks imported from a third country. | |
| Article 6 | Keeping of registers by hatcheries. | ||
| Article 7 | Sub-paragraph (h) of the second paragraph of Article 1 of Commission Regulation (EC) No 589/2008 | Restriction on the use of eggs withdrawn from an incubator. | |
| Article 8(1) | Obligation on hatcheries to provide monthly reports. | ||
Regulation 9
SCHEDULE 2E+W+SGENERAL [F6EU] PROVISIONS RELATING TO EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE
Textual Amendments
F6Word in Sch. 2 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
[F7PART 1E+W+SPROVISIONS OF REGULATION (EU) 2013
Textual Amendments
F7Sch. 2 Pt. 1 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(8)(a)
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Regulation (EU) 2013 | Provisions to be read with the provisions of Regulation (EU) 2013 mentioned in column 1 | Subject matter |
| Article 74 insofar as it relates to the marketing of eggs | Part VI of Annex VII to Regulation (EU) No 2013 and Commission Regulation (EC) No. 589/2008 | Prohibition on the marketing of eggs except in accordance with the marketing standards laid down in Part VI of Annex VII to Regulation (EU) 2013 and Commission Regulation (EC) No. 589/2008. |
| Point II(1) of Part VI of Annex VII | Article 2(1) and (4) of Commission Regulation (EC) No. 589/2008 | Quality grading of eggs as Class A (or fresh) or Class B eggs. |
| Point II(2) of Part VI of Annex VII | Article 4(1) of Commission Regulation (EC) No. 589/2008 | Weight grading of Class A eggs. |
| Point II(3) of Part VI of Annex VII | Prohibition on the delivery of Class B eggs except to the food and non-food industry. | |
| Point III(1) of Part VI of Annex VII, first sub-paragraph | Articles 9(1) and 11 of Commission Regulation (EC) No. 589/2008 | Marking of Class A eggs. |
| Point III(1) of Part VI of Annex VII, second sub-paragraph | Articles 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 VI of Annex VII | Point III(1) of Part VI of Annex VII to Regulation (EU) 2013 | Place at which eggs are marked. |
| Point III(3) of Part VI of Annex VII, first sub-paragraph | Point III(1) of Part VI of Annex VII and the second sub-paragraph of point III(3) of Part VI of Annex VII to Regulation (EU) 2013 and regulation 11(2) | Marking of eggs sold by a producer to the final consumer at a local public market. |
| Articles 75(2) and (3) of Regulation (EU) 2013 | Article 30(2) of Commission Regulation (EC) No. 589/2008 | Marking of eggs imported from a third country where the rules applied in relation to those eggs in that country have been found to offer sufficient guarantees as to equivalence with EU legislation |
| Articles 75(2) and (3) of Regulation (EU) 2013 | Articles 11, 30(2) and (3) of Commission Regulation (EC) No. 589/2008 | Marking of eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with EU legislation have not been provided.] |
PART 2E+W+SPROVISIONS OF COMMISSION REGULATION (EC) NO 589/2008
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Relevant provision of Commission Regulation (EC) No 589/2008 | Provisions to be read with the provisions of Commission Regulation (EC) No 589/2008 mentioned in column 1 | Subject matter | |
| Article 2(1) | The first indent of [F8point II(1) of Part VI of Annex VII to Regulation (EU) 2013], 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 2160/2003 | Quality 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 589/2008 | Prohibition 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 [F8point II(1) of Part VI of Annex VII to Regulation (EU) 2013], 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 2160/2003 | Quality 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) | [F9 Point II(2) of Part VI of Annex VII to Regulation (EU) 2013] and Article 4(3) of Commission Regulation (EC) No 589/2008 | Grading of Class A eggs by weight. | |
| Article 4(2) | Article 4(1) of Commission Regulation (EC) No 589/2008 and [F10Regulation (EU) No 1169/2011] | Weight grading indications. | |
| Article 4(3) | Article 4(1) of Commission Regulation (EC) No 589/2008 | Minimum 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-paragraph | Grading 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 589/2008 | Class 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 [F11point 1(a) of Annex X to Regulation (EU) No 1169/2011] | Packs to be marked with date of minimum durability at the time of packing. | |
| Article 7(1), first sub-paragraph | The second sub-paragraph of Article 7(1) of Commission Regulation (EC) No 589/2008 | Producers to identify each transport packaging containing eggs with certain information. | |
| Article 7(2), first sub-paragraph, first sentence | Article 7(1) and second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008 | Application 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 sentence | The first sentence of the first sub-paragraph and the second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008 | Intervening 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 sentence | The first sentence of the first sub-paragraph and second sub-paragraph of Article 7(2) of Commission Regulation (EC) No 589/2008 | Original 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 589/2008 | Prohibition 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 589/2008 | Eggs 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 sentence | A 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 [F12point III(2) of Part VI of Annex VII to Regulation (EU) 2013] and Article 10 of Commission Regulation (EC) No 589/2008 | Marking 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/EC | Producer code. | |
| Article 10 | The second sub-paragraph of [F12point III(2) of Part VI of Annex VII to Regulation (EU) 2013] | Indications on Class B eggs. | |
| Article 12(1) | Marking of packs of Class A eggs. | ||
| Article 12(2), first and second sub-paragraphs | Article 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 14 | Farming method to be shown on the outer surface of packs containing Class A eggs. | |
| Article 12(2), third sub-paragraph | Article 9(1) of Commission Regulation (EC) No 589/2008 | Producer code to be explained on or inside packs. | |
| Article 12(2), fourth sub-paragraph | Part B of Annex I to Commission Regulation (EC) No 589/2008 and Chapter III of Council Directive 1999/74/EC | Use 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 13 | [F13Article 9(1)(f) of Regulation (EU) No 1169/2011] | Date 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 589/2008 | Laying 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 15 | Reference to a cereal as a feed ingredient where an indication is given of how laying hens are fed. | ||
| Article 16 | Information to be given for loose egg sales. | ||
| Article 17 | Quality of packs. | ||
| Article 18 | Packaging containers in which industrial eggs are marketed. | ||
| Article 19 | Repacking 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 589/2008 | Information 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 589/2008 | Collector records on eggs collected and delivered by them. | |
| Article 22(1), first sub-paragraph | Article 22(3) of Commission Regulation (EC) No 589/2008 | Packing centre records. | |
| Article 22(1), second sub-paragraph | Updating of packing centres physical stock records each week. | ||
| Article 22(2) | Articles 15 and 22(1) of Commission Regulation (EC) No 589/2008 | Packing centres to keep separate records where Class A eggs and their packs bear an indication of how laying hens are fed. | |
| Article 23 | Articles 7(2), 20, 21 and 22 of Commission Regulation (EC) No 589/2008 | Records 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 589/2008 | Records 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) | F14... to the Single CMO Regulation | Marking of packs containing eggs imported from a third country where sufficient guarantees of equivalence of the rules relating to those eggs with [F15EU] legislation have not been provided. | |
Textual Amendments
F8Words in Sch. 2 Pt. 2 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(8)(b)(i)
F9Words in Sch. 2 Pt. 2 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(8)(b)(ii)
F10Words in Sch. 2 Pt. 2 table substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 7 para. 57(a)
F11Words in Sch. 2 Pt. 2 table substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 7 para. 57(b)
F12Words in Sch. 2 Pt. 2 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(8)(b)(iii)
F13Words in Sch. 2 Pt. 2 table substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 7 para. 57(c)
F14Words in Sch. 2 Pt. 2 table omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(8)(b)(iv)
F15Word in Sch. 2 Pt. 2 table substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
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).
Regulation 16
SCHEDULE 3E+W+S[F16EU] SALMONELLA RELATED CONTROLS ON EGGS IN SHELL FOR CONSUMPTION CONTRAVENTION OF WHICH IS AN OFFENCE
Textual Amendments
F16Word in Sch. 3 heading substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Relevant provision of Regulation (EC) No 2160/2003 | Provisions to be read with the provisions of Regulation (EC) No 2160/2003 mentioned in column 1 | Subject matter |
| Point 1 of Part D of Annex II | Article 1(3) of Regulation (EC) No 2160/2003 | Prohibition on the use of eggs for direct human consumption as table eggs unless they originate from a commercial flock of laying hens subject to a national control programme and are not under official restriction. |
| Point 2, first sub-paragraph, of Part D of Annex II | Point 4 of Part D of Annex II to Regulation (EC) No 2160/2003 | Prohibition on the use of certain zoonosis status eggs for human consumption unless treated, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part. |
| Point 2, second sub-paragraph, paragraph (a), of Part D of Annex II | Article 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003, the provisions of [F17Article 74 and Part VI of Annex VII to Regulation (EU) 2013], and Commission Regulation (EC) No 589/2008, insofar as they relate to Class B eggs | Treatment of certain zoonosis eggs as Class B eggs, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part. |
| Point 2, second sub-paragraph, paragraph (b), of Part D of Annex II | Article 1(3) of, and point 4 of Part D of Annex II to, Regulation (EC) No 2160/2003 and Article 10 of Commission Regulation (EC) No 589/2008 | Marking of certain zoonosis status eggs with the indication required by Article 10 of Commission Regulation (EC) No 589/2008, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part. |
| Point 2, second sub-paragraph, paragraph (c), of Part D of Annex II | Point 4 of Part D of Annex II to Regulation (EC) No 2160/2003 | Prohibited access to packing centres for certain zoonosis status eggs unless the competent authority is satisfied with measures to prevent possible cross-contamination, except where the restrictions in point 2 of Part D of Annex II to Regulation (EC) No 2160/2003 are lifted under point 4 of that Part. |
Textual Amendments
F17Words in Sch. 3 table substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 5(8)(c)
Regulation 32(2)
SCHEDULE 4E+W+SFACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OF A PENALTY
PART 1 E+W+SAggravating factors
1. Seriousness of the non-compliance.E+W+S
2. Harm or potential harm to human health.E+W+S
3. Financial harm to consumers.E+W+S
4. Financial harm to competitors.E+W+S
5. Duration of non-compliance.E+W+S
6. Evidence of intention behind the non-compliance.E+W+S
7. History of non-compliance of the person (“P”) to whom the penalty notice is to be given.E+W+S
8. Financial gain made by P as a result of non-compliance.E+W+S
9. Financial resources of P.E+W+S
10. Size of P's business.E+W+S
11. Availability of non-compliant item, including the number of retail shops in which it has been marketed.E+W+S
12. The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.E+W+S
13. Previous action taken by the enforcement authority to help P comply with the Regulations.E+W+S
PART 2 E+W+SMitigating factors
1. Action taken to eliminate or reduce the risk of damage resulting from the non-compliance.E+W+S
2. Action taken by P to repair the harm done by the non-compliance.E+W+S
3. Any co-operation given to the enforcement authority by P in responding to the non-compliance.E+W+S
4. Whether P reported the non-compliance to the enforcement authority.E+W+S
5. Financial resources of P.E+W+S
6. Size of P's business.E+W+S
7. Availability of non-compliant item, including the number of retail shops in which it has been marketed.E+W+S
8. The conduct of P after the non-compliance is drawn to their attention by an enforcement authority.E+W+S
9. Where the non-compliance was committed by an employee of P, the extent to which the employee was acting outside of their authority.E+W+S
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