SA has drafted a voluntary free range egg code, where egg producers who meet the conditions will receive a trademarked tick of approval.
The South Australian Cabinet yesterday (9 February) approved the draft Fair Trading (SA Free Range Egg Industry Code) Regulations and associated trademark.
The Code outlines that in order to receive the endorsement, providers must meet conditions such as:
- A maximum density of 1,500 layer hens per hectare on the outdoor range
- Hens to have unrestricted access to outdoor areas during daylight hours
- Outdoor areas to provide adequate shelter; and
- A prohibition on induced moulting by food deprivation
“An effective and fair regulatory scheme cannot be made or implemented in haste and there is still more work to be done. We will be working with stakeholders and egg producers to seek their feedback on the draft voluntary code and trademark,” said Minister for Business Services and Consumers Gail Gago.
The national body that administers legislation governing trademarks, IP Australia, is required to examine the proposed trademark to ensure it doesn’t conflict with existing trademarks.
Also, the ACCC must assess and approve the rules for the use of the trademark to ensure it is not detriment to the public, likely to raise concerns relating to competition, unconscionable conduct, unfair practices and product safety.
The draft has prompted consumer watchdos, Choice, to call for a national free range egg standard.
“All Australians deserve greater clarity over free range eggs. While we welcome SA’s certification, we need an enforceable national standard on free range eggs that meets consumers’ expectations,” said Choice spokesperson Tom Godfrey.
NSW Fair Trading commenced work on the development of a national information standard for free range eggs in June 2014, following a super complaint from Choice.
CHOICE’s super complaint pointed out that while close to 40 percent of the egg market is free range, the egg industry had admitted that many products labelled ‘free range’ do not meet the existing voluntary national standard which sets a maximum stocking density of 1,500 hens per hectare on the outdoor range.
“What we need now is for other state and territory governments to follow the leadership position taken by both New South Wales and South Australia and deliver a national standard for consumers,” said Godfrey.
“A national standard makes sense for businesses and consumers. At the moment we have an absurd situation where consumers are given different information about eggs in different states. A shopper in Mount Gambier, SA will be getting different information to a shopper in Mumbannar, VIC even though the towns are half an hour apart.”
“Without an enforceable national standard, Australians in most states continue to pay a premium for eggs labelled ‘free range’ with little confidence they are getting the real deal.”
“A national standard will help us unscramble the meaning of free range, benefiting consumers and genuine free range producers across the country.”
The latest news follows the Federal Court’s ruling in September last year that Pirovic Enterprises engaged in misleading conduct and made misleading representations in its labelling and promotion of eggs as ‘free range’. It also follows the ACCC’s decision in December to take the supplier of Ecoeggs to court for alleged false and misleading free range claims.