PART 3 Eggs in shell for consumption: general requirements

Derogation relating to free-range eggs13

1

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.

2

This paragraph applies to eggs that have—

a

been produced in a system of production that does not comply with any one or more of the conditions mentioned in paragraph (3); and

b

been produced in an establishment—

i

with fewer than 350 laying hens at the time that the eggs are produced;

ii

rearing breeding laying hens at the time that the eggs are produced; or

iii

rearing breeding laying hens and with fewer than 350 laying hens at that time.

F13

The conditions are the conditions in the following provisions of Schedule 2 to the animal welfare regulations—

a

paragraph 2(d) (but not the requirement for perches not to have sharp edges and to be at least 15cm per hen);

b

paragraph 2(e);

c

paragraph 5;

d

paragraph 6(a);

e

paragraph 7(a).

4

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.