The ACCC has today released guidance for 'free range' labelling of poultry egg and meat in the event of an outbreak of the deadly avian influenza H5N1 in Australia.
In case of a declared H5N1 outbreak, poultry producers may be required by government regulations to house their animals indoors to prevent further spread, including to native birds. These 'housing orders' will be determined by the relevant Commonwealth, State and Territory Chief Veterinary Officers.
Under the ACCC guidance, egg and poultry meat producers who are affected by a H5N1 government housing order will be able to continue selling their products with 'free range' labelling for up to 90 days during a declared outbreak without a risk of enforcement action by the ACCC.
The ACCC guidance is not limited to chicken egg and meat producers, and is intended to apply to the broader poultry egg and meat industries.
"Our approach provides certainty to poultry egg and meat producers that during an initial period after housing orders come into effect they will not face ACCC enforcement action for labelling products as 'free range' while they deal with the immediate threat of H5N1," ACCC Deputy Chair Mick Keogh said.
"This is intended to give producers time to deal with the immediate risks this strain of avian influenza creates and take steps to protect the health and safety of their flocks."
"However, we expect free range poultry egg and meat producers to take steps to have alternative labelling arrangements ready to roll out on their products as soon as possible. If housing orders are in place for an extended period, it is important that consumers are clearly informed that eggs or meat were produced from housed poultry, and not free range poultry as is normally the case with these producers," Mr Keogh said.
"The ACCC will continue to monitor developments and intends to update its guidance within 90 days of a confirmed outbreak of H5N1 Avian Influenza in Australia.".
See
ACCC guidance on free range claims for poultry egg and meat during H5N1 Avian Influenza outbreak ( PDF 137.9 KB )
Background
The ACCC has issued this guidance for free range poultry egg and meat producers because the Australian Consumer Law prohibits businesses misleading consumers about a product they sell.
Exceptions, such as those envisioned by this guidance, are available in emergency situations, like an outbreak of a deadly disease to provide producers time to adjust the product labelling.
This does not permit businesses to otherwise mislead consumers.
A National Information Standard, made under the Australian Consumer Law, about 'free range' eggs came into effect on 26 April 2018 and the ACCC issued a guidance for producers about the labelling requirements.
This guidance, issued today, will only come into effect when an outbreak of H5N1 Avian Influenza is declared in a State or Territory of Australia.
