Eggs and poultry
Egg Marketing Inspectorate (EMI) background and history
The EMI is an Inspectorate within Animal Health, which is a government executive agency Defra's organisation having responsibility for the enforcement of the various EC Egg Marketing Regulations covering the marketing of eggs at all marketing stages up to, but excluding, retail & catering level, although the Inspectorate is also authorised to conduct inspections at retail & catering premises where the need arises. The EMI is responsible for the enforcement of certain hatching egg & chick regulations and will also soon be responsible for some aspects of the Poultrymeat Marketing Regulations.
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Its officers are the Chief & Deputy Chief Egg Marketing Inspector (CEMI & DCEMI), the Regional Egg Marketing Inspectors (REMIs) and the Egg Marketing Inspectors (EMIs). See Appendix 1 for responsibilities.
History
The enforcement of egg quality standards dates from at least 1941. From then until 1957 the Ministry of Food, and then the Ministry of Agriculture, Fisheries and Food (MAFF), employed area Egg Officers to enforce standards. When the British Egg Marketing Board was set up in 1957, enforcement was split between the Board's inspectors and about 10 MAFF inspectors, whose responsibility it was to ensure that eggs claimed by the BEMB to be eligible for subsidy met the agreed quality standards. When the BEMB was wound up in 1971, the subsidy scheme was maintained until after the UK joined the EEC and Ministry Egg Inspectors continued to check on quality standards.
When the EC Regulations came into effect on 1 February 1973, the MAFF
Inspectorate was expanded and adopted roughly its present structure, size
and functions, although only four Regions now operate across England & Wales.
From 1st April 2007 the Inspectorate joined the newly formed government agency, Animal Health.
Structure
The complement of the EMI is (August 2007) 32 Inspectors, comprising CEMI & DCEMI based in their Headquarters in Page Street, London, four REMIs, with one having responsibility for Wales and 26 EMIs distributed according to the concentration of work around the Regions, including two EMIs located in Wales. REMI and EMI geographical areas of responsibility do not therefore necessarily align to Animal Health, Government Office or Natural England boundaries. There is also a support unit of an Executive and Administrative Officer (EO and AO) located with EMIHQ in Page St., London and at each Regional office.
Power of entry
EMIs have the authority to enter at all reasonable times and carry out inspections in registered or unregistered premises (including wholesale outlets, places of import and when necessary retail or catering outlets) in which any activity regulated by the Community provisions is being, or is reasonably suspected of being undertaken. Each inspector is issued with a certificate of authorisation showing such authority which also permits the inspector to take samples of eggs/labels/packs/records as evidence of contraventions which may lead to further investigation and prosecution.
Procedure
Each inspector has a target programme based upon risk, of visits to be made to Registered Packers, Producers, Wholesalers, Auction Markets, Collectors, Egg Processors and Hatcheries. Visits are made normally without prior notice, the frequency depending upon the throughput and compliance record of the organisation (the ‘risk’). Where contraventions of the Regulations are found follow-up inspections are made within a short time, usually two weeks, and continue until hopefully the problems are solved.
Packers and Wholesalers - After checking that the premises and or equipment comply with the requirements inspections concentrate mostly on carrying out checks for quality, weight and labelling. Samples of graded eggs are taken from selected batches of first quality (Grade or Class "A") eggs and are candled and weighed. Where such samples fail to reach the minimum standards, a notice of contravention is served on the whole batch, preventing its marketing until made to comply with the requirements of the regulations to the satisfaction of the Inspector.
Retailers - Quality inspections are carried out at the request of the Local Government Authorities Trading Standards (TS) or Environmntal Health (EH) Departments and reports of findings are made to TS or EH whose responsibilities include the enforcement of these Regulations at retail and catering level. Decisions as to consequent action against the retailer or caterer and/or the supplier of the eggs are taken by TS or EH respectively.
Producers - Regular visits made to all producers of eggs primarily in connection with the hygiene and welfare standards, records keeping and labelling of eggs, which may only be described when marketed using one of the recognised methods of production (eggs from caged hens, barn eggs, free range eggs, organic eggs).
Checks are carried out on flock size, internal & external stocking densities and records which are required to be maintained showing full details of hens, their production and then sales of the eggs. Record audits are also made at registered packers and some retailers to deter or detect fraud.
If it is found either at producer or packer level that any of the required criteria for production have not been met, notices may be served preventing the marketing of the eggs until compliance with the criteria has been achieved.
Hatcheries - Regular inspections are made to hatcheries with a setting capacity of 1000 eggs or more eggs per week. Visits are not just confined to hatcheries of hen eggs but are also made to those involved with turkey, duck, goose and guinea fowl eggs. Checks are carried out on records of suppliers, marking of eggs for incubation, disposal of incubator clears extracted on candling, and marking of chick boxes and containers. Contravention procedure is similar to that at packers, wholesalers etc.
Other Establishments - Regular visits are also made to monitor whether the regulations are being observed at auction markets, collectors and egg processors.
Candling Courses - Occasionally an inspector sometimes in conjunction with the Agricultural Training Board, will organise and provide short candling courses for the trade. Guidance is given on recognition of egg faults etc. either to groups of new candlers or to those who would benefit from a refresher course.
Prosecution - Serious breaches or apparent breaches of the regulations are reported to the Investigation Branch of Defra whose officers have long experience of police work and a sound knowledge of PACE regarding the issuing of cautions and taking statements. Prosecutions which may arise from these Regulations are heard in Magistrates' Courts where fines can be imposed up to a maximum of £5,000 per offence.
Appendix 1
EMIHQ is responsible in respect of the UK, for:
a. Consultation and liaison with senior technical colleagues in UK Agricultural Departments, EC authorities, Member States and the trade on enforcement and technical matters in connection with the operation of the regulations;
b providing technical advice in the formulation of United Kingdom policy;
EMIHQ is responsible, in respect of England and Wales, for:
a. ensuring a uniform standard of enforcement by the EMI;
b. making recommendations on recruitment, posting and training of the EMI;
c. formulation of technical instruction to the EMI;
d. technical supervision and line management of the EMI.
e. the collection of egg samples for analysis under contract to Veterinary Medicines Directorate (VMD).
REMIs are responsible within their Region for:
a. ensuring a uniform standard of enforcement of the regulations;
b. keeping EMIHQ informed, on matters concerning the enforcement of the regulations and in particular on matters that would be of concern in view of their general responsibilities;
c. referring cases to EMIHQ in which investigation, prosecution or revocation of registration is recommended;
d. technical supervision and field training of EMIs, in consultation with the EMIHQ;
e. gathering market intelligence and passing to the EMIHQ;
f. liaison with local government and port authorities
g. the collection of egg samples in their region for VMD analysis within
Each EMI is responsible within their area, under the guidance of their REMI, for:
a. ensuring that all premises inspected in their area comply with the various Regulations;
b. visiting retail outlets at the request of the Local Authority, or when otherwise necessary for enforcement purposes
c. checking that eggs imported from Member States and third countries comply with the requirements of the Regulations;
d. making recommendations to the REMI concerning applications for registration;
e. making recommendations to the REMI concerning breaches of Regulations and possible cases of investigation, warning letters, prosecution, withdrawal of registration or rejection of application for registration;
f. keeping the REMI informed on any matters concerning the enforcement of the Regulations in their area and in particular on matters that would be of concern to the region or headquarters in the operation of the regulations on a regional or national basis;
g. collection of egg samples on behalf of the VMD;
h. additional ad-hoc visiting as instructed by the REMI.
EMI (HQ) Unit
October 2007
Page last modified:
4 October 2007
Page published: 5 February 2003