The Eggs and Chicks Regulations (Northern Ireland) 2010

Northern Ireland Statutory Rule 2010 No. 125 — creates 13 criminal offences.

13offences created

0recorded in force

0revoked

Made: 24 March 2010
In force from: 28 April 2010
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No 1234/2007, (EC) No. 178/2002, Commission Regulation (EC) No. 589/2008, Commission Regulation (EC) No. 617/2008, European Communities Act 1972, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and replace the Eggs and Chicks (No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 451). As in the 2008 Regulations, they make provision for the enforcement and execution of directly applicable EC marketing standards relating to eggs for hatching and farmyard poultry chicks and directly applicable EC marketing standards relating to eggs in shell for consumption. They also make new provision for the enforcement of directly applicable EC controls for Salmonella serotypes with public health significance in relation to the marketing and use of eggs in shell for human consumption. As regards the EC marketing standards relating to eggs for hatching and chicks, these Regulations— a make the failure to comply with the provisions of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (O.J. No. L 299, 16.11.2007, p. 1) and Commission Regulation (EC) No. 617/2008 (O.J. No. L 168, 28.6.2008, p. 5) mentioned in Schedule 1 an offence (regulation 4); b include provisions relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 5); and c provide 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 mentioned in that provision (regulation 6). As regards the directly applicable EC marketing standards relating to eggs in shell for consumption, these Regulations— a make the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No. 589/2008 (O.J. No. L 163, 24.6.2008, p. 6) mentioned in Schedule 2 an offence (regulation 8); b include provisions relating to the authorisation of packing centres to grade eggs (regulation 9); c provide an exception from the provisions of points III(1) and (3) of Part A of Annex XIV to Single CMO Regulation, as regards the marking of eggs for consumption (regulation 10); d vary 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 11); e provide 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 12); and f provide 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 13). As regards the new Salmonella related controls, the Regulations include a provision making the failure to comply with the provisions of Regulation (EC) No. 2160/2003 (O.J. No. 325, 12.12.2003, p. 1) of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents mentioned in Schedule 3 an offence (regulation 15). These Regulations also provide for district councils and the Department to enforce the Regulations (regulation 16) and impose a duty on enforcement authorities to give assistance and information to each other (regulation 17). They confer powers of entry (regulation 18) and other powers (regulation 19), including seizure and destruction powers. They require certain procedures to be followed in the event of any exercise of the seizure powers (regulation 20). They provide for the issue of compliance notices (regulation 21) and provide for appeals against certain decisions of the Department and district councils (regulation 22). They enable the Department to impose additional record-keeping requirements (regulation 23). They provide for the destruction of seized products and the giving of compliance notices to be publicised (regulation 24). They make obstruction an offence (regulation 25) and provide for the punishment of criminal offences (regulation 26). They contain provisions extending the period during which a prosecution may be brought (regulation 27). They also contain provisions relating to the giving of notices (regulation 28). They apply various provisions of the Food Safety (Northern Ireland) Order 1991 to the Regulations (regulation 29) and make a transitional provision (regulation 30). A Regulatory Impact Assessment has not been prepared for these Regulations as they have no impact on business.

Offences created by this instrument

Compliance with European provisions regulation 15 · Status not determined · Strict liability
Powers of an authorised officer regulation 19(11) · Status not determined · Strict liability
Powers of an authorised officer regulation 19(12) · Status not determined · Strict liability
Powers of an authorised officer regulation 19(3) · Status not determined · Strict liability
Powers of an authorised officer regulation 19(4) · Status not determined · Strict liability
Powers of an authorised officer regulation 19(6) · Status not determined · Requires proof of a state of mind
Compliance notices regulation 21(3) · Status not determined · Strict liability
Compliance notices regulation 21(7) · Status not determined · Strict liability
Compliance notices regulation 21(8) · Status not determined · Strict liability
Record-keeping requirements regulation 23(4) · Status not determined · Strict liability
Obstruction regulation 25 · Status not determined · Strict liability
Compliance with European provisions regulation 4 · Status not determined · Strict liability
Compliance with European provisions regulation 8 · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 Commons · General Committees · 28 October 2019 · The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
I beg to move, That the Committee has considered the Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I., 2019, No. 1313). This statutory instrument was due to be made under negative resolution, but was transferred to be made affirmative to ensure that it was on the statute books before our planned EU exit on 31 October 2019. The SI is made under the European Union (Withdrawal) Act 2018 which, as hon. Members know, retains EU-derived legislation in UK law, and corrects deficiencies in EU-derived legislation arising from the UK…
Agriculture, Environment and Rural Affairs (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 Lords · Grand Committee · 30 October 2019 · Baroness Chisholm of Owlpen (Con)
My Lords, the instrument amends existing domestic legislation to ensure operability following EU exit. The SI relates only to Northern Ireland, concerning devolved areas of policy ranging from animal and plant health, non-native invasive alien species and the wider ecosystem, which would normally be dealt with by a devolved Administration. The regulation relates to protecting biosecurity. The changes do not introduce any new policy but seek to ensure that legislation is fully operable after exit. The SI will make minor amendments to existing Northern Ireland domestic legislation, namely the…

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