The Eggs and Chicks (Wales) Regulations 2010

Derogation relating to free-range eggs E+W

13.—(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.

[F1 (3) 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.

Textual Amendments

F1 Reg. 13(3) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 3(3); 2020 c. 1, Sch. 5 para. 1(1)