Baroness Miller of Chilthorne Domer – 2014 Parliamentary Question to the Department for Environment, Food and Rural Affairs

The below Parliamentary question was asked by Baroness Miller of Chilthorne Domer on 2014-04-08.

To ask Her Majesty’s Government what regulations apply to smallholders with flocks of less than 50 laying hens if they (1) want to sell their eggs to the public, (2) want to sell products to the public such as cakes made from the eggs laid by their hens, and (3) want to sell their eggs to third parties who wish to make cakes from them for resale at venues such as country markets and farmers’ markets; whether the regulations covering the third category are national regulations, and if so, which regulations; and whether those regulations are liable to local authority interpretation.

Lord De Mauley

The sale of eggs in England (equivalent regulations in Wales, Scotland and Northern Ireland) is regulated by the Eggs and Chicks (England) Regulations 2009, the Control of Salmonella in Poultry Order 2007 and European Union food hygiene and food safety regulations. Any exemption from the legislation is subject to Article 14 of Regulation (EC) 178/2002.

1) Exemption from rules on quality and grading is available to smallholders with fewer than 50 laying hens providing their eggs are sold at the production site, door-to-door or directly in local markets without any marketing indication (e.g. grading) directly to the final consumer. Producers supplying fewer than 360 eggs per week (Food Standards Agency (FSA) guidance) directly to consumers or to local retailers and caterers are exempt from the requirements of Regulation (EC) 852/2004, which establishes basic food hygiene requirements for registered food businesses.

2) Smallholders with fewer than 50 laying hens who use their own eggs for cakes and other food products sold to the public as part of a regular and organised operation are required to register as a Food Business Operator with the local authority and comply with the food hygiene regulations. The FSA has issued advice for local authorities as to which operations require registration to ensure that charity and community food operations are not disproportionately burdened.

3) There is no obligation on smallholders with fewer than 50 laying hens to ascertain what use customers will make of their eggs.