Free-range labelling during an avian influenza outbreak

The Australian Competition & Consumer Commission (ACCC) has announced that it will take no enforcement action on free range representations when the poultry egg and meat industries are affected by a housing orders relating to avian influenza outbreaks.

While there have been recent outbreaks of avian influenza (H5N1) in Australia detected in migratory birds, there are currently no outbreaks in commercial poultry operations across the country. However, it is essential that the poultry sector continues to adopt heightened biosecurity and precautionary measures, which may include housing that restricts flocks from accessing outdoor areas.

The ACCC said it will not take enforcement action in relation to free range claims on labels or packaging made by free range producers who are affected by a government housing order during an avian influenza outbreak for a period of up to 90 days, while the housing order is in place.

Producers will need to be prepared with alternative labelling and information if affected by a housing order for a time beyond 90 days. They should make it clear that the eggs or meat were produced from housed poultry.

Meeting the standard

The Free Range Egg Labelling Information Standard states that free range chicken egg producers may stop their hens from accessing an outdoor range. This may be for a time that is ‘not unreasonable’ and can include:

• when chickens are being medicated or otherwise cared for
• in exceptional circumstances that pose a significant risk to the hens’ health or safety.

An avian influenza outbreak is considered an exceptional circumstance under the information standard. However, this information standard does not apply to free range poultry meat or free range eggs not produced by hens, such as duck and quail eggs.

To provide certainty to producers, the ACCC’s guidance now extends to all free range poultry eggs and meat. This includes products not covered by the information standard.

The ACCC will continue to monitor and may amend this guidance if circumstances change.

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