Fined – far from free

Over half a million dollars in fines has been collected in the last 14 months for misleading labelling of eggs.

By DANE LILLINGSTONE

THE continued abuse of the ‘free range’ eggs label has led the Australian Competition and Consumer Commission (ACCC) to release a guide to better assist producers in the labelling of eggs.
In September this year, Darling Downs Fresh Eggs was fined $250,000 after the Federal Court ruled it had intentionally mislabelled its eggs as free range. There has been over half a million dollars in fines for misleading labelling issued over the last 14 months.
Now the ACC has released a guide to help egg producers better understand their Australian Consumer Law (ACL) rights and obligations when promoting their products as free range.
The Commonwealth Treasury is now also said to be investigating whether to adopt a national standard for free range egg labelling.
ACCC chairman Rod Sims said egg labels should not be misleading.
“If it is not normal for most of the hens to leave the barn and to move about freely on an open range on most days, making a free range claim is likely to be misleading,” Mr Sims said.
“Indeed, the ACCC does not expect farmers to use a precise approach of tracking hens or head counts. A common sense approach of simply observing that the range is in regular use by a significant proportion of hens on most days is likely to be sufficient.”
However, a Quantum Market Research study has been labelled by NSW Farmers CEO Matt Brand as evidence that egg producers are behaving in line with what Australian consumers expect when it comes to definitions of free range.
“This study should put some common sense back into the ‘free range’ debate. While consumer views on free range are varied and diverse, they are generally aligned with egg industry performance and management systems,” Mr Brand said.
“The research also debunks the myth that ‘free range’ should be simply defined in accordance with the overly prescriptive specifications of most birds moving freely on an open range on most ordinary days.
“The research clearly tells us that consumers simply want birds to have access to the outdoors. Free range for consumers means choice – birds can go outside if and when they want to.”
You can view the new guide at accc.gov.au/publications/accc-enforcement-guidance-free-range-hen-egg-claims.