The Eggs and Chicks (England) Regulations 2008
UK Statutory Instrument 2008 No. 1718 — creates 5 criminal offences.
- Made
- 30 June 2008
- In force from
- 2 July 2008
- 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. 617/2008, European Communities Act 1972, Food Safety Act 1990, 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 remake, with modifications, the Eggs and Chicks (England) Regulations 2007 (S.I. 2007/2245) following the adoption 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) (OJ No L 299, 16.11.2007, p 1) and two Commission Regulations adopted under that Regulation, Commission Regulation (EC) No 617/2008 (OJ No L 168, 28.6.2008, p 5) and Commission Regulation (EC) No 589/2008 (OJ No L 163, 24.6.2008, p 6). The 2007 Regulations made provision for the enforcement of certain provisions of Regulation (EEC) No 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks (OJ No L 282, 1.11.1975, p 100), Commission Regulation (EEC) No 1868/77 laying down detailed rules of application for Regulation (EEC) No 2782/75 (OJ No L 209, 17.8.1977, p 1), Council Regulation (EC) No 1028/2006 on marketing standards for eggs (OJ No L 186, 7.7.2006, p 1), and Commission Regulation (EC) No 557/2007 introducing detailed rules for implementing Council Regulation (EC) No 1028/2006 (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 Regulation (EEC) No 2782/75 and Council Regulation (EC) No 1028/2006 have been repealed by the Single CMO Regulation. Commission Regulation (EEC) No 1868/77 has been repealed by Commission Regulation (EC) No 617/2008 and Commission Regulation (EC) No 557/2007 has been repealed by Commission Regulation (EC) No 589/2008. As regards eggs for hatching and chicks and other eggs, the repealed EC Regulations have been replaced by certain provisions of the Single CMO Regulation, including those in Parts A and C of Annex XIV to the Regulation, and by Commission Regulations (EC) No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 23rd June 2008. The Regulations include provisions — a making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No 617/2008 mentioned in Schedule 1 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 Secretary of State and authorised officers (regulation 18); and k imposing a penalty for offences under the Regulations (regulation 19). Similar provisions were included in the 2007 Regulations by reference to the provisions in the now revoked EC Regulations and these Regulations contain updated references to the equivalent provisions of the Single CMO Regulation and the two new Commission Regulations. An impact assessment has not been prepared as this instrument has no impact on business, charities or the voluntary sector.
Offences created by this instrument
- Powers of authorised officers regulation 13(8) · Revoked · Strict liability
- Record-keeping requirements regulation 14(5) · Revoked · Strict liability
- Obstruction regulation 15(1) · Revoked · Requires proof of a state of mind
- Compliance with Community provisions regulation 4 · Revoked · Strict liability
- Compliance with Community provisions regulation 7 · Revoked · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2008