Free range egg labelling rules

A National Information Standard governing free-range egg production, came into place on 26 April 2018. The Standard is aimed at helping consumers to easily compare different brands of eggs labelled as ‘free range’ and to ensure shoppers are getting what they pay for.

Falling under the Australian Consumer Law (ACL) the Information Standard also requires producers to prominently disclose the outdoor stocking density of hens laying free range eggs on their packaging.

The Australian Competition & Consumer Commission (ACCC) plays the role of enforcing the Standard.

How consumer laws apply

The ACL places an obligation on traders not to mislead consumers in promoting their goods and services. Therefore, any claims that eggs are ‘free range’ means they must come from hens that a reasonable consumer would consider are produced in a free range environment. This includes claims made through marketing activities such as product packaging, advertising and use of images, pictures and words.

What is required when using the term ‘free range’?

Under the 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 daylight hours across the laying cycle
• were able to roam and forage on the outdoor range
• were subject to stocking density of 10,000 hens or less per hectare.

Labelling requirements

• The stocking density must be prominently displayed on the packaging.

Display requirements:

• The display sign must use the term ‘free range’ prominently.
• The stocking density must be prominently displayed on the signage.

In relation to unpackaged eggs, businesses must prominently display a sign containing the words ‘free range’ and which prominently states the stocking density.

When are free range egg claims made?

A free range claim is made under the Standard if producers:

• Use the words ‘free range’ on packaging or in any advertising or promotion.

A producer is in breach of the information standard if the requirements for using the term ‘free range’ is not complied with. It is clearly misleading to claim eggs are free range when the hens that laid the eggs have never left the shed or are significantly restricted from doing so.

More information?

The ACCC has produced ‘A guide for egg producers ’ to help consumers and egg producers understand their fair trading rights and obligations when promoting or selling eggs as ‘free range’.

More information on the Standard can be found on the ACL website.