31968R1619

CELEX: 31968R1619
Datum: 1967-06-19
Källa: eur-lex.europa.eu

Official Journal of the European Communities 489

21.10.C Official Journal of the European Communities No L 258/ 1

REGULATION (EEC) No 1619/68 OF THE COUNCIL of 15 October 1968

on marketing standards for eggs

THE COUNCIL OF THE EUROPEAN COMMUNITIES , whereas, therefore, a list should be drawn up of suppliers to undertakings entitled to grade eggs by Having regard to the Treaty establishing the quality and weight ; European Economic Community ; Whereas the grading of eggs should be confined Having regard to Council Regulation No 122/67/ solely to undertakings which are adequately equipped EEC1 of 13 June 1967 on the common organisation for the purpose ; of the market in eggs, and in particular Article 2 (2) thereof; Whereas the quality requirements for eggs must be easy for consumers to understand and must be in Having regard to the proposal from the Commission ; keeping with the efforts at rationalisation made at all stages of distribution ; whereas, threrefore, a lim WHereas Regulation No 122/67/EEC provides for ited but adequate number of quality and weight fixing marketing standards which may relate in grades should be laid down ; particular to grading by quality and weight, packing, warehousing, transport, presentation and marking Whereas to ensure that the consumer is supplied with of eggs . good quality produce, criteria of a high standard should be fixed for each quality grade ; Whereas such standards can contribute to an improvement in the quality of eggs and, conse Whereas the quality characteristics for the grade quently, facilitate their sale ; whereas it is therefore in the interest of producers, traders and consumers 'fresh eggs' should consequently be defined so that that marketing standards should be applied in they apply to first-quality eggs ; whereas certain eggs respect of hen eggs suitable for human consumption', may be considered as 'extra fresh' where a special guarantee of freshness is given ; Whereas in order to fix such standards a clear distinction must be drawn between eggs suitable for Whereas eggs of average quality, the characteristics human consumption and eggs which are not and of which do not allow their inclusion in the grade which, on principle, are for use in industries other 'fresh eggs', must be described as 'second-quality eggs' than the food industry; whereas such rules further and graded as such ; whereas eggs which have more require that eggs of other kinds should not undergone a process of cleaning, dipping, refrigera be mixed with hen eggs ; tion or preservation should as a general rule be put in that grade ; Whereas the standards must be applicable to all hen eggs marketed on the territory of the Com munity ; whereas it nonetheless seems advisable to Whereas a third-quality grade should be established exclude from the scope of their application certain for eggs which do not meet the requirements for the forms of sale from producer to consumer where higher grades but are still suitable for human con small quantities are involved ; whereas, moreover, sumption ; whereas such 'non-graded' eggs must be eggs delivered from the place of production to a reserved for processing or- for the food industry ; packing centre or to certain wholesale markets and whereas certain incubated eggs, whose characteristics allow their limited use in the manufacture of eggs intended for use in the food industry should be exempted from grading and marking; pasteurised egg products, may be included in this grade ; Whereas the desired improvement in quality necessitates regular and frequent egg collections ; Whereas the consumer must be able to distinguish between eggs of different quality and . weight grades ; whereas this requirement can be met by marking OJ No 117, 19.6.1967, p. 2293/67. the eggs and packs ;

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Whereas the marking of 'fresh eggs ' can be op 2. 'Industrial eggs' means hen eggs in shell other tional, since the obligatory marking of other eggs than those referred to in 1 . enables them to be easily distinguished ; 3 . 'Eggs for hatching' means eggs intended for Whereas anyone marketing 'fresh eggs' should be chick production as specified in the rules concerning permitted to stamp such eggs with other particulars eggs for hatching. serving publicity ends ; 4. 'Incubated eggs' means eggs from the time o. Whereas any other markings might affect trading insertion in the incubator. conditions in the Community; 5 . 'Marketing' means holding or displaying for sale, Whereas common provisions should be adopted for offering for sale, selling, delivering or any othei packing such as will ensure that the quality of the form of marketing. eggs is maintained and will facilitate trade and the supervision of compliance with standards ; 6. ' Collector' means any person authorised to col lect eggs or industrial eggs from a producer for Whereas in order to leave a choice open to the delivery : consumer and to ensure that he is offered goods con ( a) to a packing centre, forming with quality and weight standards, retailers must display the appropriate information either on (b) to a market selling exclusively to wholesalers the goods offered or beside them ; whose undertakings are approved as packing centres , or Whereas it is essential, in the interest of both pro ducer and consumer, that eggs imported from third ( c) to industry. countries should comply with Community standards ; 7. 'Packing centre' means an undertaking authorised Whereas the application of Community rules on the by the competent authority to grade eggs by quality importation and exportation of eggs requires the and weight. name of the country of origin to be shown on eggs coming from third countries ; 8 . 'Batch' means the eggs from one and the same packing centre in packs bearing one and the same Whereas special provisions in force in certain third packing date or one and the same packing week countries may call for derogations which in such number and one and the same quality grading and, cases allow exportation outside the Community ; where required, weight grading.

Whereas it is for each Member State to designate the agency or agencies responsible for supervision ; Article 2 whereas procedure for this supervision must be 1 . Eggs shall not be marketed within the Community uniform ; whereas, consequently, common provisions by way of business or trade unless they satisfy the should be laid down with regard to sampling and provisions of this Regulation. tolerances ;

Whereas it is for each Member State also to lay 2. However, it shall not be necessary to grade eggs down penalties for infringements ; by quality and weight nor mark them ( a) if they are transported directly from the place of Whereas the provisions of this Regulation are production to a packing centre or to a market without prejudice to any Community provisions selling exclusively to wholesalers whose under which may be adopted in order to harmonise the takings are approved as packing centres in accor provisions of veterinary and foodstuffs legislation dance with Article 5, and aimed at protecting the health of people and animals and at preventing adulteration and fraud ; ( b ) if they are produced in the Community and delivered to the food industry for processing. HAS ADOPTED THIS REGULATION : 3 . The provisions of this Regulation shall not apply Article 1 to eggs passed directly to the consumer for his own use by the producer on his own farm, in a local For the purposes of this Regulation: public market or by door-to-door selling, provided 1 . 'Eggs' means hen eggs in shell, suitable for direct that the eggs come from his own production, are human consumption or for use in the food industries, not packed in accordance with Articles 16 to 19, except for incubated eggs which do not meet the and use is not made of any of the quality and weight requirements of Article 6 (2). gradings laid down in this Regulation.

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Article 3 ( a) they shall be marked before insertion in the in cubator, Eggs as defined in Article 1 ( 1 ) shall not be mixed with eggs of other kinds . (b ) they shall not be fertile and shall be absolutely clear when candled,

Article 4 (c) the air space shall not exceed a height of 9 mm, 1 . "Without prejudice - to the provisions of Articles ( d) they shall not have remained more than six days 2 and 9 , producers shall not deliver : in an incubator, (a) eggs to anyone but collectors, packing centres , (e) they shall not have been treated with antibiotics, markets within the meaning of Articles 2 (2 ) ( a) or industry : (f) they shall be intended for use in a processing (b) industrial eggs to anyone but collectors, packing plant manufacturing pasteurised egg products. centres, markets within the meaning of Article 2 (2) (a) or industry, except the food industry. Article 7 2. All packing centres and collectors shall collect eggs from the producers at least once a week. They 1 . Grade A eggs shall have the following minimum shall, however, collect at least twice a week from the characteristics : same producer eggs intended for marketing as 'Extra' in accordance with Article 19 . Shell and cuticle : normal, clean, undamaged ; All collectors shall deliver eggs to the packing centres Air space : height not exceeding 6 mm, not later than the third working day following that stationary ; of collection . "White : clear, limpid, of gelatinous consist ency, free of extraneous matters of any kind ; Article 5 Yolk : visible on candling as a shadow only, without clearly discernible 1 . Apart from the cases provided for in Articles 9 outline, not moving appreciably and 13 , only packing centres may grade eggs by away from the centre of the egg quality and weight. Packing centres shall keep an on rotation, free of extraneous up-to-date record of their suppliers. matter of any kind ; Germ cell : imperceptible development; 2. The competent authority shall grant authoris Odour : free of extraneous odour. ations to grade eggs and shall allot a distinguishing number to any undertaking or producer whose premises and technical equipment are suitable for 2. Grade A eggs shall not have been washed or cleaned by any other means . grading eggs by quality and weight, at its or his request. Such authorisation may be withdrawn whenever the required conditions are no longer 3 . Grade A eggs shall not have been treated for fulfilled . preservation or refrigerated in premises or plants where the temperature is artificially maintained at less than + 8°C. However, eggs which have been 3 . Further provisions on the conditions for approval kept at a temperature below + 8°C an retail premises of packing centres shall be adopted in accordance or in annexes thereto shall not be considered as with the procedure laid down in Article 17 of Regu lation No 122/67/EEC. refrigerated in so far as the quantity stores in these annexes does not exceed the requirements for three days of retail sale on the premises in question. Article 6 4. By way of derogation from the provisions of 1 . Eggs shall be graded by quality as follows : paragraph 2 and of the first sentence of paragraph 3 , Grade A or 'fresh eggs' the provisions concerning the conditions under which Grade A eggs may be washed or otherwise cleaned Grade B or 'second-quality or preserved eggs' or dipped and those concerning the supervision of Grade C or 'non-graded eggs intended for the food these operations may be adopted in accordance with industry'. the procedure laid down in Article 17 of Regulation No 122/67/EEC. "With regard to conditions as to 2. Incubated eggs, however, may only be graded dipping, however, this derogation shall not apply to under 'C' and then only provided that they meet Grade A eggs marketed under the description 'Extra' the following requirements : in accordance with Article 19 .

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Article 8 — Grade 5 : under 55 g to 50 g 1 . Grade B eggs shall have the following minimum — Grade 6 : under 50 g to 45 g characteristics : — Grade 7 : under 45 g. Shell : normal and undamaged;' Air space : height not exceeding 9 mm ; Article 1 1 White : clear, limpid, free of extraneous matter of any kind; 1 . One or more distinguishing marks may be Yolk : — visible on candling as a shadow only ; stamped on Grade A eggs showing : this characteristic is not required of eggs preserved in lime ; ( a ) quality grading ; — free of extraneous matter of any (b ) weight grading ; kind ; Germ cell : imperceptible development ; ( c) the packing week number as defined in Article Odour : free of extraneous odour. ' 17(2);

2. Grade B shall include three types of eggs : ( d ) the packing centre number ;

( a ) Eggs neither refrigerated nor preserved : (e) the name or business name of the packing centre ;

Grade B eggs which have not undergone any ( f) trade name or trade mark. preservative treatment and have not been refrigerated in premises or plants where the 2. The Grade A distinguishing mark shall be a temperature is artificially maintained at less circle of at least 12 mm in diameter. than + 8°C. The distinguishing mark for weight grading shall be However, eggs , which have been kept at a a number between 2 mm and 3 mm high, placed temperature below + 8°C on retail premises or in inside the above-mentioned circle . annexes thereto shall not be considered as re frigerated in so far as the quantity stored in The packing week number shall be a one- or two these annexes does not exceed the requirements figure number at least 5 mm high . for three days of retail sale on the premises in question . Article 12 (b) Refrigerated eggs : Grade B eggs which have been refrigerated in 1 . Grade B and C eggs, except for cracked eggs, premises artificially maintained at a temperature shall bear a distinguishing mark showing their qua below + 8°C. lity grading. They may bear a number between 2 mm and 3 mm high showing the weight grading and (c) Preserved eggs : one or more of the particulars mentioned in Article 11 ( 1 ). Grade B eggs which have been preserved, whether refrigerated or not, in a gas mixture the composition of which differs from that of 2. The distinguishing mark showing quality grading for Grade B eggs shall be as follows : atmospheric air, and those which have under gone any other preservative treatment. ( a ) for 'eggs neither refrigerated nor preserved', a circle at least 12 mm in diameter in which shall Article 9 appear the letter B in Roman type at least 5 mm Grade C eggs shall be eggs which do not meet the high ; requirements applicable to eggs in Grades A and B. (b) for 'refrigerated eggs', an equilateral triangle They may only be passed to egg processing plants with each side at least 10 mm long ; or to industry ; incubated eggs of Grade C may only be sold to egg processing plants for the manufacture (c) for 'preserved eggs', a rhombus with diagonals of pasteurised egg products . of 16 mm and 7 mm .

Article 10 Anyone who refrigerates or otherwise preserves eggs shall mark them as indicated in (b) or (c) before Grade A and B eggs shall be graded by weight as doing so. For eggs preserved in lime, however, these follows : marks may be affixed after the preserving process has been carried out. — Grade 1 : 70 g and over

— Grade 2 : under 70 g to 65 g 3 . The distinguishing mark for the quality grading of Grade C eggs shall be a circle at least 12 mm in — Grade 3 : under 65 g to 60 g diameter in which shall appear the letter C in Roman — Grade 4 : under 60 g to 55 g type at least 5 mm high.

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Article 13 ( d ) the number of eggs packed ;

1 . Grade A or B eggs which no longer have the (e ) the packing week number ; however, where characteristics fixed for those grades shall be large packs contain small packs of the kind withdrawn from their grade and may be regraded mentioned in Article 19, or small packs bearing in B or C according to their new characteristics . the date of packing, the date of packing shall be substituted for this number ; In such a case, they shall bear a distinguishing mark in accordance with Article 12 . Any marks which (f) particulars as to refrigeration or the method of may have been affixed in accordanece with Article 11 preservation, uncoded and in Roman type, in or Article 12 ( 1 ) may be retained, except for those respect of refrigerated or preserved eggs . concerning weight grading which shall be altered if appropriate. 2 . The week numbers mentioned in paragraph 1 (e ) (from 1 to 53 ) shall correspond to the weeks of the 2. However, by way of derogation from the calendar year, it being understood that each week provisions of paragraph 1 , Grade A and B eggs which number may be used from midnight on Thursday/ no longer have the characteristics fixed for these Friday of the preceding week; the first week of each grades may be delivered directly to the food industry, year shall be the week starting on the first Monday provided that their packings are clearly marked to in the year. show this destination . Article 14 3 . The week number shall be marked on large packs containing eggs in Grade A not later than on the 1 . The distinguishing marks affixed in accordance working day following the day when the eggs were with Articles 11 , 12 and 13 must be clearly legible. received in the packing centre .

2 . Eggs shall be marked in an indelible black colour Article 18 resistant to boiling. The product used 'must comply with the provisions in force in respect of colouring 1 . Small packs, even when they are inside large matters which may be used in foodstuffs intended packs, shall show in clearly visible and legible type : for human consumption. ( a ) the name, the business name and, where Article 15 applicable, the trade mark and the address of the Eggs shall not bear any other marks than those laid undertaking which packed the eggs or had them down in this Regulation . packed ; ( b ) the packing centre's distinguishing mark ; Article 16 ( c ) the quality and weight grading; For the purposes of this Regulation, 'large packs' means packs which contain more than thirty ( d) the number of eggs packed ; eggs and 'small packs' those which contain thirty eggs (e) the date of packing or the packing week number or less . mentioned in Article 17 (2); Article 17 ( f) particulars as to refrigeration or the method of preservation, uncoded and in Roman type, in Large packs even when they contain eggs in small respect of refrigerated or preserved eggs . packs shall be provided with a band or label which 2 . Particulars as to the date or the week number cannot be re-used after the pack has been opened and which shall be issued by or under the supervision of shall be marked on the packs containing Grade A the official agencies mentioned in Article 26. eggs not later than on the working day following the day when the eggs were received at the packing centre . The band or label shall bear in clearly visible and legible black type : Article 19 ( a) the name or business name and the address of The word 'Extra' may be used on small packs the undertaking which has graded or arranged containing Grade A eggs, showing the date of packing for the grading of the goods ; and provided with a band.

The air space in such eggs shall have a height of (b ) the packing centre's distinguishing number; less than 4 mm at the time of packing.

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The band shall be destroyed not later than on the — the country of origin printed in Roman type seventh day after packing. at least 20 mm high for large packs and at least 5 mm high for small packs even where Article 20 the latter are inside large packs ; 1 . Eggs displayed for sale or offered for sale in the — the name of the packers in the third country; retail trade shall be presented separately according — the quality and weight grading; to quality and weight grading. The quality and weight grading, and also refrigeration or the method — the weight in kilogrammes of the packed eggs; of preservation for refrigerated or preserved eggs, — the date of packing; shall be indicated in a manner clearly visible to the consumer . — in the case of large packs, the sender's name and address . 2. However, eggs of the same quality grading, except for Grade A eggs marked 'Extra' in accord Article 24 ance with Article 19, may by displayed for sale or offered for sale in small packs of not more than 1 . The provisions of this Regulation shall also apply twelve eggs which may be of different weight gradings to eggs packed and intended for export outside the provided that the weight grading is marked on each Community . Eggs packed and intended for export egg and the total net weight is substituted on the which have been dipped shall not, however, be packs for the weight grading laid down in Article 17 deemed to have been treated for preservation. ( 1 ) (c) and Article 18 ( 1 ) (c) and the words 'eggs of different sizes' are added thereto . 2. By way of derogation from paragraph 1 and in order to comply with the regulations of particular Article 21 importing countries, eggs packed and intended for Packs shall not bear any indications other than export may : those laid down in this Regulation. ( a ) be made to comply with requirements exceeding Article 22 those laid down in this Regulation as regards quality, marking and labelling, or with additional Additional provisions shall be adopted in accordance requirements ; with the procedure laid down in Article 17 of Regu lation No 122/67/EEC as regards : (b) bear on the pack marks or particulars of different nature, dimensions or colour, provided (a) Requirements ds to packing and packing ma that such marks and particulars are not likely to terials ; be mistaken for those laid down in this Regu lation . (b) carriage and storage conditions ; 3 . Eggs packed and intended for export may be (c) marking and labelling of packs ; graded by other weight gradings than those laid down in Article 10. In that case the weight grade (d) average weight of packed eggs ; shall be shown uncoded on the packs .

Article 25 (e) bands and other fastenings. The provisions of this Regulation shall not apply to Article 23 eggs imported from third countries or exported outside the Community in small quantities not Eggs from third countries shall not be imported for free circulation in the Community unless : exceeding sixty eggs by the consumer for his own use . ( a) they comply with the provisions of Article 3 , 6 to Article 26 12, 14, 15, 19, 20 (2) and 21 . The provisions of the second paragraph of Article 19 shall , how 1 . Compliance with this Regulation shall be ever, apply at the time of Customs clearance; supervised by agencies appointed for the purpose in each Member State. A list of such agencies shall be (b) they are legibly marked in Roman type with the forwarded to other Member States and to the Com name of the country of origin; mission not later than one month before the entry into force of this Regulation. Any amendment to (c) they are put up in packs bearing clearly and this list shall be communicated to other Member legibly the following information : States and the Commission.

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2. The products covered by this Regulation shall be accordance with the procedure laid down in Article checked by means of random sampling at all stages 17 of Regulation No 122/67/EEC. There shall, of marketing as well as during carriage. For eggs however, be no tolerance in respect of the height imported from third countries such random sampling of the air space laid down in Article 19 . checks shall also be made at the time of Customs clearance. Article 29 Article T1 Member States shall take all appropriate measures to penalise infringements of this Regulation . 1 . Decisions arising from failure to comply with this Regulation may only be taken for the whole of Article 30 the batch which has been checked .

1 . Member States and the Commission shall com 2 . Where the checked batch is not deemed to municate to each other the information necessary for comply with this Regulation, the supervising agency implementing this Regulation . shall prohibit its marketing, or importation if the batch comes from a third country, unless and until proof is forthcoming that it has been made to comply 2. Measures aimed at ensuring uniform application with this Regulation. of this Regulation shall be adopted in accordance with the procedure laid down in Article 17 of Regu 3 . The agency which made the check shall verify lation No 122/67/EEC. whether the rejected batch has been or is being made to comply with this Regulation . Article 31

Article 28 This Regulation shall enter into force on the day Detailed rules of application of Articles 26 and 27, in following its publication in the Official Journal of particular as regards minimum sampling and the the European Communities. The system laid down tolerances to be accepted in the supervision of by this Regulation shall be applicable from 1 May compliance with this Regulation, shall be adopted in 1969 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 15 October 1968 .

For the Council

The President

G. SEDATI