Poultry producers left in the dark by ACCC over free-range labelling

The ACCC has failed to define if most Victorian poultry producers can continue to label their eggs as free range, after many locked up their birds to prevent the spread of bird flu.

Poultry producers have no clear direction from Australia’s consumer watchdog on whether they can lock up birds for a month to stop the spread of bird flu, while still labelling eggs and meat free range.

Australia’s consumer watchdog has failed to define whether most Victorian poultry producers can continue to label their eggs and chicken-meat as free range, after many voluntarily locked up their birds for a month to prevent the spread of avian influenza.

Up until now only poultry producers ordered to lock up their birds in 15km to 40km control zones surrounding five avian influenza outbreaks, in the Meredith-Lethbridge and Terang areas, could continue using free-range labelling under Australian Competition and Consumer Commission rules.

But outside these zones the ACCC has simply stated it would “not take enforcement action against free-range egg producers who are located in proximity to the current controlled area orders, and who are voluntarily housing their free range poultry for a period of the current order or for a four-week period commencing May 30, 2024 whichever is the shorter”.

When asked what “located in proximity” meant, an ACCC spokesman said it was “comfortable with the ascribed wording being circulated to industry participants”.

“The term proximity should be considered in a common sense way by any concerned free range egg producers,” he said.

“This approach is intentionally flexible and has been adopted with the benefit of discussions with the chief veterinary officer. The ACCC notes that these provisions of the free range eggs standard relate specifically to the safety of the birds in exceptional circumstances.”

Location of layer hen and chickenmeat farms, yellow indicates highest density, green start marks first avian influenza outbreak at Meredith.

The order also fails to mention what the ACCC’s position is on free-range chicken meat producers.

One industry source said the ACCC’s position allowed most commercial free-range producers to lock up their birds, while allowing Agriculture Victoria to avoid issuing a statewide housing order.

Egg producers contacted by The Weekly Times said they assumed proximity meant anywhere in Victoria, but did not want to be quoted in an article on avian influenza in the midst of the current outbreak.

Many producers are locking up free range birds and stopping the movement of eggs, vehicles and people from other farms onto their properties.

Veterinary experts involved in the cases say it is clear the state is now dealing with outbreaks of differing viral subtypes, which most likely came from low pathogenic forms of avian influenza in wild birds that came in contact with free-range flocks at Lethbridge and Terang and, then quickly evolved into high pathogenicity strains of the virus.

The five outbreaks to date involve about a million layers and pullets, most of which have been gassed and buried, leaving a huge 850,000 hole per day in the state’s egg production.

To date, Coles is the only supermarket chain to ration customers to just two cartons each.