Regulation 13 Derogation relating to free-range eggs

England and Wales

(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.

Annotations

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)