§ Mr. LidingtonTo ask the Secretary of State for Environment, Food and Rural Affairs if she will make a statement on the enforcement difficulties that led to the decision of the Council of Ministers to remove the derogation from marking for ungraded eggs. [184195]
§ Alun MichaelThe Commission (supported by other member states, but not the UK), argued it was necessary to clamp down on fraudulent sales (eggs being sold other than by the producer) through markets. There is no evidence of any significant problems of this sort in this country.
§ Mr. LidingtonTo ask the Secretary of State for Environment, Food and Rural Affairs what assessment she has made of the impact upon(a) egg producers, (b) small markets and (c) consumers of her proposed requirement for ungraded eggs to be marked. [184197]
§ Alun MichaelDefra has received over 3,000 inquiries from small-scale egg producers on the Registration of Laying Flocks Order and the Egg Marketing Regulations. All producers must register with departments in order to obtain an identifying code. Currently small producers with less than 350 birds are exempt from this requirement, provided that the eggs are ungraded and sold direct to the final consumer.
Because of enforcement difficulties in other member states, it was agreed in November 2003 that part of the derogation from marking for ungraded eggs be removed. From 1 July 2005 farmers selling eggs from their own farms at local public markets will no longer be exempt from the requirement to mark their eggs, irrespective of the number of laying hens kept A Partial Regulatory Impact Assessment was prepared on this in November 2003.
246WThe cost for small producers to purchase the necessary equipment is low. A hand stamp can be bought for around £30. The time required to register as a producer and then to stamp eggs is unlikely to be significant. The majority of small producers appear to be satisfied that the costs are reasonable and can be borne comfortably.
Some producers with fewer than 350 laying hens will therefore have to register for the first time, in order to obtain a distinguishing number. This measure had the support of the majority of other member states. Sales in farm shops and door-to-door do however remain exempt.
§ Mr. LidingtonTo ask the Secretary of State for Environment, Food and Rural Affairs what penalties she plans to impose for a breach of the proposed requirement for ungraded eggs to be marked. [184198]
§ Alun MichaelIf prosecution is required under the Egg Marketing Standards, then any person who fails to comply with any requirement properly made to him by an authorised officer of the Minister or of a food authority under these Regulations, or contravenes or fails to comply with any Community provision, will be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 (currently £5,000) on the standard scale.
We will encourage producers to comply with the new Regulations and provide any necessary advice. Our Egg Marketing Inspectorate will take a sensible and proportionate approach to enforcement. Prosecution will be taken only as a last resort.
§ Mr. LidingtonTo ask the Secretary of State for Environment, Food and Rural Affairs pursuant to her answer of 1 July 2004,Official Report, columns 361–62W, on egg stamping, what the (a) date and (b) nature was of the Council of Ministers meeting which agreed to remove the derogation from marking for ungraded eggs; and what legislation she plans to bring forward to implement the proposed requirement for ungraded eggs to be marked. [184199]
§ Alun MichaelThe meeting at which the agreement was reached to remove the derogation from marking for ungraded eggs was an Agriculture and Fisheries Council which was held on 17 November 2003.
The legislation anticipated to implement the proposed requirement would be The Eggs and Poultrymeat Marketing Standards (Enforcement) (England) Regulations. We hope to bring these Regulations forward later this year, following formal consultation.