FAQ's
The most commonly asked questions regarding egg regulations include:
- What is the aim of the Eggs and Chicks Regulations?
- Why are the regulations necessary?
- What will the regulations mean to me?
- Who will be affected by the regulations?
- What happens if a producer / packer in Wales or Scotland supplies eggs of unknown status into the English market place?
- What is the difference between a Class A and Class B egg?
- I do not test for Salmonella in my flock; does this mean that I cannot sell my eggs?
- If I miss a test for Salmonella, even by a day or a week, will I still face a penalty?
- What are the penalties for non-compliance?
- How are the penalties for non-compliance assessed?
- How long do I have to settle / meet the penalty issued?
- Can I appeal?
- What will happen if I do not pay the fine?
- I am an egg packer – what happens if the eggs I sell to retailers have not been tested for Salmonella and are graded Class A?
- What do egg producers and packers need to do to comply with the law?
What is the aim of the Eggs and Chicks Regulations?
An aim of the regulations is to prevent eggs from hens of unknown or infected status being classified and entering into the market as Class A. It also ensures that eggs intended for final sale to the consumer meet the requirements of the Salmonella NCP. Producers and packers will have the responsibility of complying with these regulations.
The regulations give powers to Animal Health to impose penalty notices and issue compliance notices for non compliance where the marketing and use requirements of the National Control Programme for Salmonella (NCP) have not been met.
Why are the regulations necessary?
The regulations are necessary to ensure egg producers meet the necessary marketing rules and production standards for egg production. This will ensure continued consumer confidence in eggs and maintain the high standards and health status of laying birds and the eggs they produce.
The regulations do this by giving new powers to Animal Health to impose penalties for non compliance.
What will the regulations mean to me?
If you are an egg producer in England or Wales, and you do not test your laying birds for Salmonella in line with NCP and your eggs are intended for the retail market (Class A eggs), then you must treat your eggs as class B eggs. If you fail to do so then you may be given a penalty notice for your failure to comply or even face a criminal prosecution in court for non-compliance.
For egg packers, you may also face a penalty, or criminal prosecution, for allowing eggs onto your premises when they come from a flock where the salmonella testing under the NCP is not up-to-date, or the flock is suspected, or is known to be, infected with the relevant salmonella serotypes. Likewise you may also face a penalty or criminal prosecution for packing and marketing those eggs as anything other than class B eggs.
Who will be affected by the regulations?
The regulations specifically target egg producers with 350 laying hens or more in England or Wales and egg packers of Class A eggs. The Regulations also apply to some smaller commercial flocks.
The regulations are not intended for hobby hen keepers where the eggs are for private domestic consumption.
The regulations do not apply in Scotland. The Scottish Governments website has more information on the egg marketing inspection in Scotland.
What happens if a producer / packer in Scotland supplies eggs of unknown status into the English or Welsh market place?
Enforcement action in Scotland can be taken through the courts. Those selling incorrectly classified eggs of an unknown or infected health status in England or Wales may be subject to a penalty notice or a criminal prosecution.
What is the difference between a Class A and Class B egg?
Class A eggs are eggs that have quality characteristics that make them suitable for direct human consumption. They can be sold through supermarkets and other retail outlets.
Class B eggs do not meet the quality characteristics for direct human consumption and cannot be marketed for direct human consumption. They must be heat treated and are commonly used in catering produce, such as egg powder etc.
I do not test for Salmonella in my flock; does this mean that I cannot sell my eggs?
If you do not test for Salmonella then your eggs will be classified class B. These can only be used for human consumption if they are heat treated before entering the food chain.
You can sell your eggs, but they must be classified as class B and heat treated.
If I miss a test for Salmonella, even by a day or a week, will I still face a penalty?
If you are found to be non-compliant, then we will take all relevant circumstances known to us into account when assessing your case, including your compliance history and other aggravating or mitigating circumstances.
Except where the production or sales are exempt, all egg producers in England producing eggs for the class A market must comply with the Salmonella NCP and testing dates, and these tests must be brought back into the correct timescales as soon as is possible.
What are the penalties for non-compliance?
The range of penalties for non compliance are:
- Marketing restrictions automatically apply
- A £100 to £4,500 penalty depending on the severity of the contravention
- The issue of a compliance notice which will be made public
- Criminal prosecution
How are the penalties for non-compliance assessed?
If you are found to be non-compliant your case will be assessed by Animal Health’s Regulatory Compliance Team.
If a penalty notice is issued you will have 28 days to settle this. This will discharge liability to be prosecuted for the non-compliance.
Producers are expected to comply fully with the regulations for egg classification and persistent non compliance will result in further penalties.
How long do I have to settle / meet the penalty issued?
Once a penalty has been issued you will have 28 days to pay this.
You must market your eggs as class B eggs until you are complying with the NCP testing requirements and your flock is known to be free of salmonella. This applies during the 28 day period during which you can pay the penalty.
Can I appeal?
There is no right to appeal against the fine imposed because the payment of the penalty discharges your liability to be prosecuted through the courts. If you do not pay you lose that opportunity.
What will happen if I do not pay the fine?
In the event that a fine is not paid in full within the 28 day period you will have lost the chance to discharge your liability to be prosecuted. The matter will then be considered for criminal prosecution through the courts.
You must market your eggs as class B eggs until you are complying with the NCP testing requirements and your flock is known to be free of salmonella. This applies regardless of any other enforcement action that is taken.
I am an egg packer – what happens if the eggs I sell to retailers have not been tested for Salmonella and are graded Class A?
Eggs from a flock of an unknown health status must be treated and regarded as class B eggs. This responsibility applies to the egg packing industry / the egg packer in grading and packing eggs. Accordingly, to avoid enforcement measures being taken against them packers should take steps to satisfy themselves that the eggs they receive are from hens of known health status and may legally be graded as class A.
What do egg producers and packers need to do to comply with the law?
Producers must test for Salmonella as set out in the Salmonella NCP. Any eggs which come from a flock that has not been properly tested or which is suspected or known to be Salmonella positive must be treated and marked as class B eggs. To avoid handling such eggs in their packing centre without first obtaining Animal Health consent and to avoid incorrectly classifying unmarked eggs as class A eggs, packers should take steps to satisfy themselves that the eggs they receive from producers are from tested and Salmonella free flocks.
