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This is a Bill, not an Act. For current law, see the Acts databases.
Truth in Labelling (Free-range Eggs)
Bill 2011
No , 2011
A Bill for
An Act to define, and to regulate the labelling of, free-range eggs.
Clause 1 Truth in Labelling (Free-range Eggs) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Truth in Labelling (Free-range Eggs) Act 2011. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Definitions 6
(1) In this Act: 7
fowl means a domesticated chicken (Gallus gallus). 8
laying fowl means any fowl being bred, kept or used for the purpose of 9
commercial egg production. 10
(2) Notes included in this Act do not form part of this Act. 11
4 Requirements for free-range eggs 12
(1) A person must not advertise, package or label eggs that are for sale as 13
free-range, or use images or other means to suggest that the eggs that are 14
for sale are free-range, unless the requirements of this section with 15
respect to the eggs and the laying fowl that produce the eggs are 16
complied with. 17
Maximum penalty: In the case of a corporation, 500 penalty units, or, in 18
any other case, 50 penalty units or imprisonment for 6 months, or both. 19
(2) Laying fowl must be kept in the following conditions: 20
(a) when fully feathered, fowl must have easy access to a range area 21
during daylight hours in accordance with any requirements 22
specified in the regulations, 23
(b) the range area must have shade, shelter and palatable vegetation 24
and must be capable of continued production of vegetation, 25
(c) the range density must not exceed: 26
(i) for the 4-year period immediately following the 27
commencement of this Act--1,500 fowl per hectare, and 28
(ii) following that period--750 fowl per hectare, 29
(d) the stocking density in a shed (measured over a single horizontal 30
plane, length by width) must not exceed: 31
(i) 10 fowl per square metre, for up to 1,000 fowl, or 32
(ii) 9 fowl per square metre, for up to 2,000 fowl, or 33
(iii) 8 fowl per square metre, for up to 3,000 fowl, or 34
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Truth in Labelling (Free-range Eggs) Bill 2011 Clause 5
(iv) 7 fowl per square metre, for up to 4,000 fowl, or 1
(v) 6 fowl per square metre, for over 4,000 fowl, 2
(e) fowl must have permanent access to adequate shade and 3
protection, weather-proof shelter with ventilation, adequate dry 4
litter, food, fresh water, nesting boxes and perches in accordance 5
with any requirements specified in the regulations, 6
(f) if artificial light is used, the total period during which fowl are 7
subjected to natural or artificial light (or both) must not exceed 16 8
hours in any 24-hour period, 9
(g) fowl must be fed natural food only and may be fed vitamins and 10
minerals only as required for the welfare of the fowl, 11
(h) fowl may be given antibiotics only in accordance with directions 12
from a veterinary practitioner, 13
(i) reasonable attempts must be made to protect fowl from predators, 14
(j) fowl must be transported in accordance with any requirements 15
specified in the regulations, 16
(k) the premises and land on which the fowl are kept must comply 17
with any requirements relating to biosecurity specified in the 18
regulations. 19
(3) The following practices must not be engaged in with respect to laying 20
fowl: 21
(a) inducing moulting by not feeding, 22
(b) toe trimming and using poly peepers, 23
(c) beak trimming. 24
(4) Eggs produced by the laying fowl must be candled and handled in 25
accordance with any requirements specified in the regulations. 26
(5) This section does not prevent laying fowl being fed natural pigments to 27
enrich the colour of egg yolks. 28
5 Requirements for barn eggs 29
(1) A person must not advertise, package or label eggs that are for sale as 30
barn eggs, or use images or other means to suggest that the eggs that are 31
for sale are barn eggs, unless the requirements of this section with 32
respect to the laying fowl that produce the eggs are complied with. 33
Maximum penalty: In the case of a corporation, 500 penalty units, or, in 34
any other case, 50 penalty units or imprisonment for 6 months, or both. 35
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Clause 6 Truth in Labelling (Free-range Eggs) Bill 2011
(2) Laying fowl must be kept in the following conditions: 1
(a) fowl must be kept in barns and must have freedom and capacity 2
to socialise, move freely within the barn, stretch, perch, nest, dust 3
bathe, flap wings and fly, 4
(b) at least half the floor area of a barn must consist of litter, 5
(c) fowl must be kept in accordance with any requirements in 6
relation to laying fowl confined in non-cage housing that are 7
imposed by or under the Prevention of Cruelty to Animals Act 8
1979. 9
Note. Division 3 of Part 2A of the Prevention of Cruelty to Animals 10
(General) Regulation 2006 contains provisions relating to laying fowl in 11
non-cage housing and includes specific requirements for nests and 12
stock density. 13
6 Sale of eggs that are not free-range or barn eggs 14
(1) A person must not, in any advertising, packaging or labelling of 15
non-complying eggs that are for sale, use any words, images or other 16
means to suggest that the laying fowl that produce the eggs are not kept 17
in cages. 18
Maximum penalty: In the case of a corporation, 500 penalty units, or, in 19
any other case, 50 penalty units or imprisonment for 6 months, or both. 20
(2) A person must not package non-complying eggs for sale, unless the 21
package is labelled with the words "cage eggs" in letters that are at least 22
10 mm high. 23
Maximum penalty: In the case of a corporation, 500 penalty units, or, in 24
any other case, 50 penalty units or imprisonment for 6 months, or both. 25
(3) A person must not, on any packaging or labelling of non-complying 26
eggs, make a positive claim in relation to the production of the eggs in 27
letters that are more than 6 mm high. 28
Maximum penalty: In the case of a corporation, 500 penalty units, or, in 29
any other case, 50 penalty units or imprisonment for 6 months, or both. 30
(4) In this section: 31
non-complying eggs means eggs that, under this Act, cannot lawfully 32
be advertised, packaged or labelled as free-range eggs or barn eggs. 33
positive claim means a claim or statement to the effect that eggs have 34
been produced in an ethical manner, in a manner that promotes the 35
welfare of laying fowl or in a manner that protects or benefits the 36
environment. 37
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Truth in Labelling (Free-range Eggs) Bill 2011 Clause 7
7 Accreditation of producers of free-range eggs 1
(1) The regulations may establish a scheme for the accreditation of persons 2
who keep laying fowl for the production of free-range eggs. 3
(2) The scheme may include provision for the regular inspection of 4
premises in which laying fowl are kept for the production of free-range 5
eggs. 6
8 Proceedings for offences 7
Proceedings for an offence under this Act or the regulations are to be 8
dealt with summarily before the Local Court. 9
9 Regulations 10
(1) The Governor may make regulations, not inconsistent with this Act, for 11
or with respect to any matter that by this Act is required or permitted to 12
be prescribed or that is necessary or convenient to be prescribed for 13
carrying out or giving effect to this Act. 14
(2) The regulations may incorporate by reference, wholly or in part and 15
with or without modification, any standards, rules, codes, specifications 16
or methods, as in force at a particular time or as in force from time to 17
time, prescribed or published by an authority or body (whether or not it 18
is a New South Wales authority or body). 19
(3) A regulation may create an offence punishable by a penalty not 20
exceeding 10 penalty units. 21
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