Consultation on the Eggs and Chicks (England) Regulations 2009

Defra
Area 4A Nobel House
17 Smith Square
London
SW1P 3JR

Direct line: 020 7238 5922
Fax: 020 7238 1109
Email: john.conway@defra.gsi.gov.uk
Website: www.defra.gov.uk

13 March 2009

Dear Consultee

Consultation on the Eggs and Chicks (England) Regulations 2009

These Regulations revoke and replace the Eggs and Chicks (England) Regulations 2008 to include controls on eggs intended for human consumption required by the Salmonella National Control Programme (NCP) for laying flocks. They are intended to provide fair and transparent enforcement powers for the obligations which the laying flocks NCP places on producers. I am seeking your views on how the most cost-effective enforcement arrangements can be put in place. This consultation begins on 13 March 2009 and will end on 24 April 2009. The consultation package includes:

www.defra.gov.uk/corporate/consult/eggs-chicks2009/

  1. An Impact Assessment and options for implementation of the NCP (Section 1)
  2. List of relevant legislation (Annex 5)
  3. A consultation draft of The Statutory Instrument
  4. List of consultees
Purpose and benefits of the Legislation

The Eggs and Chicks Regulations 2008 implement EC marketing standards relating to the production, marking and grading of eggs.  This legislation requires that eggs which are damaged or unclean are marked as Class B.  If an egg is marked as Class B it cannot be marketed for human consumption unless it is heat treated/pasteurised.  Egg Marketing Inspectors (as part of Animal Health) are responsible for enforcing the majority of this legislation.  They have successfully ensured that eggs placed on the market comply with standards that are transparent and fair.

The main objective of the Eggs and Chicks Regulations 2009 is to expand the scope of the Eggs and Chicks Regulations 2008 to cover the Salmonella monitoring and controls on eggs intended for human consumption in accordance with the NCP for laying hens.  As amended the Eggs and Chicks Regulations 2009 will extend the definition of Class B eggs to cover those from laying flocks which are either positive for Salmonella Enteritidis and Typhimurium or are of “unknown health status” (i.e. the operator is not conducting sampling as required by the NCP).   

A secondary objective of the Eggs and Chicks Regulations 2009 is to update the provisions contained in the earlier Regulations to implement EC marketing standards relating to eggs for hatching and farmyard poultry chicks and shell eggs for human consumption.  These marketing amendments relate to definitions, alternative marking on eggs for hatching and a derogation for small holdings when marketing eggs as “barn” and “free range”.  Since these amendments are necessary to bring the Regulations into line with existing practice they should have little impact on producers. 

What will be the specific requirements of the Eggs and Chicks Regulations 2009?
  • For producers to continue to meet the EC Egg Marketing Regulations relating to the production of Class A eggs set out in the 2008 Regulations and enforced by Animal Health Egg Marketing Inspectors. 
  • For these marketing standards to be expanded to incorporate the monitoring and controls required by the NCP for laying hens.  These are the minimum operator sampling requirements in the NCP and the requirement  that eggs shall be considered and marked as Class B if they are:

(i) from flocks of unknown health status.  These are defined as holdings where there is no evidence that an operator is complying with the minimum NCP sampling requirements.
(ii) from flocks that are suspected of being infected or that are infected with Salmonella Enteritidis or Typhimurium or are linked to a foodborne outbreak of Salmonella in humans.

What are the objectives of the consultation?

To agree the most cost-effective enforcement arrangements for the controls and monitoring required by the layers NCP.  The costs and benefits of the NCP for Salmonella in laying hens were documented in a separate consultation.  Defra is aware that many producers had strong views on the layers NCP – in particular the controls on eggs from holdings where Salmonella was detected.  These have been reflected in subsequent consultation and negotiation with industry representatives. Defra’s implementation of the NCP seeks to take to take account of the business needs of producers whilst meeting UK’s obligations under EU law.  This consultation is part of this process, although it deals solely with options for enforcing the required controls on eggs. 

Three options are described in the Impact Assessment.  Whichever of the options is adopted Defra will continue to enforce the NCP’s monitoring and controls.  If the “do nothing” option was adopted it would mean that it would be enforced under current legislation and administrative practices.  Our view is that as reflected in the costings of the Impact Assessment such an approach would be unnecessarily expensive for producers as well as government. 

Whichever implementation option is selected it will need the participation and commitment of primary producers, retailers, veterinarians and government bodies and agencies.  We are seeking your views on the consultation package as a whole as well as on the following questions. 

  • Which of the proposed implementation options do you support?
  • Do you agree with the analysis and the costs accompanying the options set out in the Impact Assessment?
  • Do you agree the options would be equally effective in enforcing Salmonella controls?
  • Have any practical implementation options been left out?
  • Do you believe there are ways in which government can encourage compliance with the NCP which we have not considered?

Other issues covered in the Impact Assessment where we would especially welcome the views of industry are on:

  1. The use of variable monetary penalties.
  2. The marking of eggs from holdings where Salmonella Enteritidis and Typhimurium are detected.
Responding to the consultation

You can send your comments using the feedback form by the following methods:

  • By email to: zdri@defra.gsi.gov.uk
  • By post to Terri Jeffs at the address above
  • By fax to: 020 7238 1109

If you have any queries about this consultation please email or fax us as above, or call 020 7238 5922.

A list of consultees is provided separately. Please let us know if you believe there are other interested parties who should have been consulted or feel free to bring this consultation to their attention. Representative groups could be requested to give a brief summary of the people and organisation they represent.

The consultation package is available along with other current Defra consultations on the Defra website and listed according to their closing date for comments. See www.defra.gov.uk/corporate/consult/foodfarming.htm

Implementation of the NCP is taking place separately in Scotland, Wales and Northern Ireland.

Transparency policy

In line with Defra's policy of openness, at the end of the consultation period copies of the responses we receive may be made publicly available through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR.  The information they contain may also be published in a summary of responses.

If you do not consent to this, you must clearly request that your response be treated confidentially.  Any confidentiality disclaimer generated by your IT system in e-mail responses will not be treated as such a request.  You should also be aware that there might be circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.

The Information Resource Centre will supply copies of consultation responses to personal callers or in response to telephone or e-mail requests (tel: 020 7238 6575, e-mail: defra.library@defra.gsi.gov.uk).  Wherever possible, personal callers should give the library at least 24 hours  notice of their requirements.  An administrative charge will be made to cover photocopying and postage costs.

Comments or complaints about the consultation process (as opposed to comments about the issues which are the subject of the consultation) should be addressed to Marjorie Addo, Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR or email consultation.coordinator@defra.gsi.gov.uk

Yours sincerely

Terri Jeffs
Public health protection, Livestock Demographics and Surveillance  

 

Page published: 13 March 2009