Key questions Throughout this consultation there are a number of detailed questions for stakeholders to consider, to assist in better defining the problem and to analyse the costs and benefits of the different options. Stakeholders lodging formal submissions are encouraged to refer to those detailed questions in their submissions. For quick reference, some of the key questions are listed below. The problem Do production system claims for eggs such as ‘free range’ sometimes mislead consumers? Is this the case for other claims, including ‘barn’ or ‘cage’ laid? If so, how much detriment have consumers suffered due to misleading production system claims for eggs? What detriment have producers and retailers suffered due to misleading production system claims for eggs made by competitors? Do producers face significant uncertainty about how to ensure they do not make misleading production system claims for eggs? The policy response An information standard for eggs labelled ‘free range’ could mandate that the eggs come from flocks in which most hens go outside on most ordinary days. Would this reduce the problem? Do ‘free range’ egg producers want detailed guidance on production factors that reliably lead to compliance with the requirement that most hens go outside on most ordinary days? Any detailed guidance on ‘free range’ egg production factors would need to be developed in consultation with industry. If this guidance is desired, should it be: included as a ‘defence’ as part of an information standard? published by the Australian Competition and Consumer Commission (ACCC) as clear guidance about the current law? delayed until after the review of the ‘Model Code of Practice for the Welfare of Animals — Domestic Poultry’ has been completed? Should an information standard require prominent disclosure on ‘free range’ egg cartons of the indoor or outdoor stocking density of hens, or any other practices? Should an information standard require prominent disclosure of production methods for all hen eggs: as either ‘free ‘barn’ or ‘cage’ eggs? including optional categories such as ‘access to range’ and ‘premium free range’? What are the benefits and what are the compliance costs of introducing an information standard? Do the benefits outweigh the costs?
Appendix C — Relevant regulation across jurisdictions territory Outdoor stocking density Indoor stocking density Access outdoor Exits Free range defined Cagedeggs Barnlaid defined Package labelling Sale display requirements NSW — Model Code applies voluntarily Code — max 1,500 hens per hectare, but higher numbers acceptable if regularly rotated and continuing fodder Model Code — max 30kg/m2 (approx. 15 birds per square metre) Model Code applies Model Code applies Model Code applies Model Code applies Code applies Australian Consumer Law applies Australian Consumer Law applies QLD — Animal Care & Protection Amendment Regulation (No 2) 2013 10,000 hens per hectare No max set under Regulation, but Model Code applies voluntarily Maximum of 1,500 fowl per hectare for free range eggs. 10,000 hens per hectare are allowed where additional animal welfare parameter are met. Code applies Model Code applies. Free range defined as 10,000 hens per hectare where the range is managed to prevent unsuitable conditions, birds have access to the outdoor area through specified minimumsized shed openings and birds have access to the outdoor area for at least 8 hours per day, once they are fully feathered. Model Code applies Code applies Australian Consumer Law applies Australian Consumer Law applies WA — Model Code applies voluntarily Model Code — max 1,500 hens per hectare, but higher numbers acceptable if regularly Code — max 30kg/m2 (approx. 15 birds per square metre) Model Code applies Model Code applies Model Code applies Code applies Model Code applies Australian Consumer Law applies Australian Consumer Law applies
rotated and continuing fodder VIC — Model Code applies voluntarily Model Code — max 1,500 hens per hectare, but higher numbers acceptable if regularly rotated and continuing fodder Model Code — max 30kg/m2 (approx. 15 birds per square metre) Code applies Model Code applies Code applies Model Code applies Model Code applies Australian Consumer Law applies Australian Consumer Law applies ACT — Egg (Labelling and Sale) Act 2001 Requires compliance with Model Code — max 1,500 hens per hectare, but higher numbers acceptable if regularly rotated and continuing fodder Requires compliance with Code — 30kg/m2 (approx. 15 birds per square metre) Model Code applies Model Code applies Hens are kept in cages: (a) without access to litter, perch or nest; and (b) in accordance with the stocking level and other requirements for cage systems under the code. Provision enacted by ACT legislation. Hens are kept: (a) with freedom and capacity to socialise, move freely within the shed, stretch, perch, nest, dust bathe, flap and fly; (b) with adequate perching facilities and nests available to all birds within the shed to accommodate Cage, barn and freerange eggs: Specific signage must be displayed on egg packaging. Signs must be placed prominently to be seen and read easily by a person at or near the display. The statement on the sign must be printed in: (i) a colour that contrasts with the background colour of the Reference to the egg labelling requirements, for hen eggs, means— (a) the egg packaging displays the relevant expression in schedule 1 indicating the conditions under which the hens that produced the eggs are kept; (b) the relevant expression is
SA — Drafting of Regulations under the Fair Trading Act 1987 (SA) in progress. Regulations will allow the establishment of a voluntary industry code and a certified trademark. Max 1,500 hens per hectare Model Code — max 30kg/m2 (approx. 15 birds per square metre) Minimum 8 hours per day during daylight hours, except during adverse weather conditions or during outbreaks of disease or threat of disease. Shelter must include reasonable windbreaks and shade. Model Code Applies Standards as outlined in the Model Code (e.g. stocking density, access to range). Model Code applies Model Code Applies Prescribed voluntary industry code (i.e. optin) will allow use of certified trademark Model Code Applies NT — Model Code applies voluntarily Model Code — max 1,500 hens per hectare, but higher numbers acceptable if regularly rotated and continuing fodder Model Code — max 30kg/m2 (approx. 15 birds per square metre) Model Code applies Model Code applies Code applies Model Code applies Australian Consumer Law applies Australian Consumer Law applies
Appendix D — Free range eggs accreditation and certified trademark schemes Scheme Model Code compliant Features/practices Logos and labelling Hens’ access to outdoors and shelter Stock density Animal management practices Australian Egg Corporation Limited (Egg Corp Assured certified trademark) Yes Access to range outdoors during daylight hours (minimum 8 hours). Hens on the have access to shaded areas and shelter from rain. Windbreaks should be provided in exposed Every reasonable effort must be made to protect hens from predators at all times. Outdoor Maximum 1,500 hens per hectare. Higher numbers acceptable, when hens are regularly rotated onto fresh ranges and close management, providing for some continuing fodder cover. Beak trimming should be performed by an experienced operator or supervision of an experienced operator. Certified egg producers are entitled to use the ECA Certification trademark. Cartons must state the egg production system, e.g. cage, barn, free range. Producers use own Indoor Maximum 30 kg/m2 (approximately 15 birds per square metre) Australian Certified Organic Ltd (Australian Certified Organic Standard 2013) Yes plus additional standards Access to pastured areas during that majority of daylight hours. Vegetative cover or other means of shading shall be designed and positioned to ensure hens have ease of access to harbour and avoid aerial predators as well as protection from extreme weather. Outdoor Maximum 2,500 hens per hectare where stock or forage rotation is practiced. Maximum of 1,500 hens per hectare for set stocking systems. Systematic beak trimming and use of poly peepers are prohibited. However the standard does provide for exemptions. Withholding feed and water to induce moulting is prohibited. Certified egg producers can use the Australian Certified Organic logo. Indoor Maximum 16 kg/m2 (approximately 8 birds per square metre) Free Range Farmers Association Inc. Yes plus additional standards Unrestricted access to free range runs during daylight hours. Outdoor Maximum 750 hens per hectare.
RSPCA (Approved Farming Scheme Standards — Layer Hens (August 2015)) Yes plus additional standards Daily access to range outdoors immediately after egglaying period. Sufficient overhead shade should be provided to encourage hens to access the range. Outdoor Maximum 1,500 hens per hectare on farms where there is no rotation to other areas, or Maximum of 2,500 hens per hectare where hens can be rotated to other outdoor areas. Beak trimming only under certain conditions or with prior approval from RSPCA. Induced moulting not permitted. Accredited farms are authorised to use the RSPCA ‘Paw of Approval’ logo. Indoor No more than 7 bids per square metre of usable area for floorbased systems No more than 9 bids per square metre of usable area for tiered systems Coles (Coles Egg Production Standard for Free Range eggs) Yes Outdoor areas are designed to encourage hens to roam, protect them from extremes of weather and temperature, and allow natural flock behaviour such as roaming around, perching and dust bathing. Outdoor A maximum of 10,000 hens per hectare, with every hen allocated at least one square metre of outdoor space. Beak trimming is to be avoided through provision of proper environment and selection. required, only allow a single beak trim to be undertaken by an accredited person under vet supervision. Coles brand (private label) free range eggs. Indoor Max 12 birds per square metre for all horizontal surfaces As per Model Code Woolworth (Egg Corp Assured certified trademark) Yes Outdoor range areas are designed to protect hens from extremes of weather and temperature. Outdoor 1,500 hens per hectare. Up to 10,000 per hectare allowed if hens are regularly rotated onto range areas. Beak trimming must be done by an accredited person. Woolworths Macro and Select brand free range eggs. Indoor