Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs

• Published date: 16 May 1991
• Subject Matter: Eggs and poultry
• Official Gazette Publication: Official Journal of the European Communities, L 121, 16 May 1991

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Commission Regulation (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs

Official Journal L 121 , 16/05/1991 P. 0011 - 0024
Finnish special edition: Chapter 3 Volume 37 P. 0131
Swedish special edition: Chapter 3 Volume 37 P. 0131

COMMISSION REGULATION (EEC) No 1274/91 of 15 May 1991 introducing detailed rules for implementing Regulation (EEC) No 1907/90 on certain marketing standards for eggs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (1) and in particular Articles 5 (3), 10 (3), 11 (2), 20 (1) and 22 (2) thereof;

Whereas Regulation (EEC) No 1907/90 contains a thorough revision of such marketing standards as were implemented in pursuance of previous Regulations; whereas provision is made therein for detailed rules necessary for the implementation of such standards to be adopted in accordance with Article 17 of Council Regulation (EEC) No 2771/75 (2), as last amended by Regulation (EEC) No 1235/89 (3); whereas such rules are in particular to be laid down as regards the conditions for registration of collectors and packing centres, the identification, frequency of collection and the delivery and handling of eggs, quality criteria and weight gradings, the particulars of indications on eggs and their packs, terms to be used for indications of the type of farming, and criteria concerning the origin of eggs, and exemption in the case of small quantities from the obligation for eggs to be packed in large packs;

Whereas both technological developments and consumer demand now make it appropriate to provide for prompter delivery, collection, grading and packing of eggs; whereas however certain producers are in a position to provide guarantees of maintaining the temperature at which the eggs are kept at a level such as would make possible a permanent exemption from the general requirement of daily collection or delivery in the case of eggs intended for labelling as 'extra' eggs as provided for in Article 12 of Regulation (EEC) No 1907/90; whereas, however, for a transitional period, it is appropriate to provide for a general exemption for the benefit of all operators;

Whereas markets, access to which is restricted to authorized packing and processing undertakings, provide guarantees of correct handling such that they may be allowed to deliver eggs on the second working day following that of reception;

Whereas the deliberate cumulation of the various time limits, to the detriment of egg freshness, must be prevented in the case where a packing centre delivers ungraded eggs to another packing centre;

Whereas only undertakings whose premises and technical equipment are suited to the scale of their operations, which therefore permit the proper handling of the eggs, should be authorized to collect, or to grade eggs by quality and weight;

Whereas, for the avoidance of confusion and in order to facilitate identification of consignments of eggs for the purposes of the enforcement of this Regulation, each packing centre should be allotted a distinguishing registration number based on a uniform coding system;

Whereas, in order to ensure that the consumer is supplied with good quality produce, criteria of a high standard should be fixed for each quality grade;

Whereas quality characteristics for fresh eggs, also known as Grade 'A' eggs, should be defined so as to be limited to eggs of the highest quality; whereas certain eggs may be considered to be 'extra fresh' in so far as especially stringent arrangements apply to their collection and further distribution;

Whereas eggs of ordinary quality, the characteristics of which do not allow their inclusion in the grade 'fresh eggs' must be described as 'second quality eggs' and graded as such; whereas eggs which have undergone a process of cleaning, dipping refrigeration or preservation should, as a general rule, be put in that grade;

Whereas a third quality grade should be established for eggs which do not meet the requirements of the higher grades but are still suitable for human consumption;

Whereas in practice these eggs are largely intended for direct delivery to the food industry, including food industry undertakings approved in accordance with Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems affecting the production and placing on the market of egg products (4), as amended by Directive 89/662/EEC (5), and on condition that packs containing them are labelled with that destination, do not in that case need to bear the distinguishing mark which would otherwise identify them as Grade 'C' eggs;

Whereas under the same conditions this waiver may also be extended to Grade 'B' eggs; whereas such labelling must also not allow of confusion, whether accidental or deliberate with that provided for in the case of eggs unfit for human consumption which may be delivered only to the non-food industry;

Whereas, since graded eggs are liable to depreciate in transport, high standards should be enforced as regards packing, storage and transport; whereas such risks, including that of microbiological contamination, can be substantially reduced by imposing severe restrictions on the use of packing material; whereas detailed conditions need to be laid down in order to give effect to certain exemptions provided for in the case of direct local deliveries for retail sale of eggs without special packaging, otherwise known as loose sales;

Whereas, in addition to the mandatory packing date for use on egg packs and grading date in the case of loose sales, relevant additional information may be provided to the consumer by the optional indication on eggs or on packs containing them of the recommended sell-by date and/or best-before date and/or laying date; whereas it seems appropriate to relate the recommended sell-by date and best-before date to the quality criteria for eggs; whereas subject to certain safeguards it is appropriate to provide that the laying date may also be stamped on eggs at the farm;

Whereas, to counter the risk of fraud, not only daily collection and immediate grading and marking, but also especially rigorous registration, record-keeping and monitoring procedures need to be introduced in the case of eggs on which it is intended to stamp the date of laying;

Whereas, in the case of eggs on which the date of laying has been stamped at the farm, the rule providing for daily collection may be relaxed in order to avoid discrimination against producer establishments other than those supplying packing centres situated at the same site;

Whereas, in view of current commercial practice, it seems unnecessary to provide for specific indications for the eggs of laying hens kept in batteries; whereas, however, provision should be made for a limited number of indications for the eggs of hens not raised in batteries, so as to avoid confusion amongst consumers as regards the principal non-battery production systems;

Whereas, in order to safeguard the consumer from misleading statements which might otherwise be made with the fraudulent intention to obtain prices higher than those prevailing for eggs of hens raised in batteries, it is necessary, in the case of the optional use of indications relating to particular types of non-battery farming, to lay down minimum husbandry criteria to be respected, as well as especially rigorous registration, record-keeping, and monitoring procedures;

Whereas, in order to ensure uniform application of the provisions of Regulation (EEC) No 1907/90, and in particular of those concerning supervision, including the special arrangements to be implemented for monitoring the use of the laying date, and of indications of particular types of non-battery farming, and of those concerning the origin of eggs, provision should be made for the continuous exchange of information between the Member States and the Commission;

Whereas bands and labels must allows easy identification of the packs and contents thereof;

Whereas special attention should be given to large and small packs containing industrial eggs, on the one hand, and 'extra' eggs on the other;

Whereas packing centres should be in a position to repack eggs, this being necessary, in particular, when the packing is damaged, when a trader wishes to sell eggs under his own name or when eggs in large packs are required to be repacked in small packs; whereas it is also necessary in such cases that the origin and age of the eggs be given in the notices affixed to bands, labels and packs; whereas these notices should show that the eggs have been regraded or repacked;

Whereas it is necessary, in the interest of correct and unequivocal information to wholesale and retail purchasers and to the final consumer, to make special arrangements for the labelling of eggs which have been repacked, and in particular in cases where packs are re-used, as well as where eggs are regraded in a lower quality grade;

Whereas the additional delay caused by repacking makes it essential to forbid the use of the indication 'extra' in the case of repacked eggs;

Whereas effective supervision of compliance with marketing standards requires the examination of a sufficient number of eggs chosen so as to form a representative sample of the batch checked; whereas at the end of the checking process the batch checked should be marked with the decision of the checker;

Whereas, following the provision for and definition of loose sales enacted in Regulation (EEC) No 1907/90, the sampling parameters should also be extended to such sales;

Whereas, since the methods used for grading eggs by quality and weight are not fully...