Eggs and Chicks (Scotland) Regulations 2010

SUMMARY OF THE EGGS AND CHICKS (SCOTLAND) AMENDMENT REGULATIONS 2010

Purpose of the legislation

The main objective of the Eggs and Chicks (Scotland) Amendment Regulations 2010 ("the 2010 Regulations") is to amend and expand the scope of the Eggs and Chicks (Scotland) (No. 2) Regulations 2008 ("the principal Regulations") to cover Salmonella controls on eggs intended for human consumption in accordance with the NCP for laying hens. The purpose of this amendment is to insert a schedule to provide Egg Marketing Inspectorate ( EMI) enforcement powers to detain or order heat treatment for eggs originating from flocks with unknown health status that are suspected of being infected with salmonella of public health significance or from known infected flocks

The 2010 Regulations will enforce Part D of Annex II of EC Regulation 2160/2003 on the control of salmonella and other specified food-borne zoonotic agents. Point 2 of Part D of Annex II of EC Regulation 2160/2003 states that the following eggs can only be used for human consumption if treated in a manner that guarantees the destruction of all salmonella serotypes with public health significance:

(1) eggs originating from flocks with unknown health status that are suspected of being infected; or

(2) eggs that are infected with salmonella serotypes for which a target for reduction has been set; or

(3) eggs that have been identified as the source of infection in a specific foodborne outbreak.

The 2010 Regulations will extend the definition of Class B eggs to cover these three categories of eggs, so that eggs from these sources are considered as Class B eggs and marked with the appropriate indications in order to distinguish them from Class A eggs.

The NCP for laying flocks was implemented in the UK on the 1st February 2008. As part of the measures required to further reduce the risk to public health the NCP required that, from 1st January 2009, eggs in the three categories above must be isolated and cannot be sent for human consumption unless they are treated in a manner that will guarantee the elimination of Salmonella (i.e. pasteurisation/heat treatment).

The 2010 Regulations support the restrictions set out by the NCP and will allow eggs which have been restricted because of isolation of salmonella, but which can be used for human consumption following heat treatment, to be monitored as they are processed through the breaking plant and heat treatment processes. Breaking plants are premises for breaking eggs open and taking the content through a pasteurisation process.

New Requirements

The obligation to mark eggs in the three categories above as Class B and have them heat treated/pasteurised is contained in Part D of Annex II to EC Regulation 2160/2003. Article 1(3) of EC Regulation 2160/2003 also provides however that this requirement shall not apply to egg production for private domestic use, or egg production leading to the direct supply of small quantities of eggs to the final consumer. It is considered that in most cases more than 350 laying hens cannot be considered as a small quantity which are supplied directly to the final consumer. However, the marking requirement will apply if you are involved in primary production and the direct supply of quantities of eggs supplying the primary product to the final consumer, but where the quantity could not be considered as small. This is a limited set of circumstances, but is a new requirement for a specific type of small scale egg producer.

Enforcement

The Scottish Government's EMI are responsible for enforcing the majority of the principal Regulations, and the EMI ensures that eggs placed on the market comply with standards that are transparent and fair. As a result of the 2010 Regulations, the EMI will be able to exercise the enforcement powers in the principal Regulations in relation to the salmonella requirements in Part D of Annex 2 of EC Regulation 2160/2003.

Enforcement of the 2010 Regulations on farms and in breaking plants will rest with EMI. In retail and catering premises it is with the relevant Local Authority.

Penalties

A person guilty of these offences will be liable on summary conviction to a fine not exceeding level 5 on the standard scale.