The ACCC has today released guidance for egg producers on its approach to enforcing the new National Information Standard on free range eggs, which comes into effect on 26 April 2018.
Under the new Standard, egg producers cannot use the words ‘free range’ on their egg cartons unless the eggs were laid by hens that:
- had meaningful and regular access to an outdoor range during the daylight hours of the laying cycle
- were able to roam and forage on the outdoor range
- were subject to a stocking density of 10 000 hens or less per hectare, and that outdoor stocking density is prominently displayed on the packaging or signage.
“Shoppers are willing to pay a premium for free range eggs, but only if the chickens genuinely have regular access to an outdoor range. From April 26, free range must only be used by compliant egg producers so consumers can have confidence in the products they are buying,” ACCC Chairman Rod Sims said.
“If an egg producer’s hens are using the outdoor range on a regular basis and they satisfy the stocking density requirements, then the producer can call their eggs free range.”
The guidance also explains egg producers’ obligations under the misleading or deceptive conduct provisions of Australian Consumer Law. This includes representations made through marketing activities such as product packaging and advertising.
“If egg producers use images, pictures, or words, other than free range, that imply their eggs are free range when they are not, this would likely raise concerns under the Australian Consumer Law,” Mr Sims said.
“The ACCC is monitoring the market to ensure that free range claims are truthful and accurate and will continue to take action against those that don’t.”
A copy of the ACCC’s guidance is available at: A guide for egg producers
Notes to editors
Along with the Standard, the Government intends to introduce a ‘safe harbour’ defence for misleading conduct for egg producers that comply with the Standard. The ACCC will update this guidance once the safe harbour comes into effect.
- Egg producer penalised $750,000 for misleading 'free range' claims
- Free Range Egg Farms ordered to pay $300,000 penalty for false or misleading “free range egg” claims
- Federal Court orders $300,000 penalty after finding 'free range' egg claims to be misleading
- Federal Court orders $250,000, penalty against Darling Downs Fresh Eggs for misleading ‘free range’ claims
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