The Eggs and Chicks (Wales) Regulations 2009

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 Wales.

The 1995 Regulations, as amended, made provision for the enforcement of certain provisions of Regulation (EEC) No. 2782/75 (OJ No. L282, 1.11.1975, p.100) of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks and Commission Regulation (EEC) No. 1868/77 (OJ No. L209, 17.8.1977, p.1) laying down detailed rules of application for Regulation (EEC) No. 2782/75. They also made provision for the enforcement of certain provisions of Council Regulation (EEC) No. 1907/90 (OJ No. L173, 6.7.1990, p.5) on certain marketing standards for eggs and Commission Regulation (EC) No. 2295/2003 (OJ No. L340, 24.12.2003, p.16) introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90.

Council Regulation (EEC) No. 1907/90 and Commission Regulation (EC) No. 2295/2003 were revoked and replaced by Council Regulation (EC) No. 1028/2006 (OJ No. L186, 7.7.2006, p.1) and Commission Regulation (EC) No. 557/2007 (OJ No. L 132, 24.5.2007, p.5).

Regulation (EEC) No. 2782/75 and Council Regulation (EC) No. 1028/2006 have been repealed by the Single CMO Regulation. Commission Regulation (EEC) No. 1868/77 has been repealed by Commission Regulation (EC) No. 617/2008 and Commission Regulation (EC) No. 557/2007 has been repealed by Commission Regulation (EC) No. 589/2008. As regards eggs for hatching and chicks and other eggs, the repealed EC Regulations have been replaced by certain provisions of the Single CMO Regulation, including those in Parts A and C of Annex XIV to the Regulation, and by Commission Regulations (EC) No. 617/2008 (eggs for hatching and chicks) and 589/2008 (other eggs).

These Regulations make provision for the enforcement of certain provisions of the Single CMO Regulation insofar as they relate to eggs for hatching and farmyard poultry chicks and other eggs, as from time to time amended, Commission Regulation (EC) No. 617/2008, as from time to time amended, and Commission Regulation (EC) No. 589/2008 as adopted on 23 June 2008.

These Regulations include provisions —

(a) making the failure to comply with the provisions of the Single CMO and Commission Regulation (EC) No. 617/2008 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) providing an exception from Article 3(2) of Commission Regulation (EC) No. 617/2008 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 the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 mentioned in Schedule 3 an offence (regulation 7);

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

(f) providing an exception from the provisions of points III(1) and (3) of Part A of Annex XIV to the Single CMO Regulation, 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) providing an exception from the provisions of Commission Regulation (EC) No. 589/2008, 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) providing an exception from the provisions of Commission Regulation (EC) No. 589/2008, 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 Welsh Ministers and authorised officers (regulation 18); and

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

A regulatory impact assessment has not been prepared as this instrument has no impact on business, charities or the voluntary sector.