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.