AUSTRALIA | The ACCC has released guidance on labelling poultry eggs and meat in the event of an outbreak of the deadly avian influenza.
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. The relevant Commonwealth, State and Territory Chief Veterinary Officers will determine these' housing orders'.
Under the ACCC guidance, egg and poultry meat producers affected by an 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 the risk of ACCC enforcement action.
The ACCC guidance is not limited to chicken, egg, and meat producers but is intended to apply to the broader poultry, egg, and meat industries. It will only become effective when an outbreak of H5N1 Avian Influenza is declared in an Australian state or Territory.
“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,” said ACCC Deputy Chair Mick Keogh.
“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.”
Keogh added that if housing orders are in place for an extended period, it is essential that consumers are informed that eggs or meat were produced from housed poultry and not free-range poultry, as is usually the case with these producers.
“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.”.
The ACCC has issued this guidance for free-range poultry egg and meat producers because the Australian Consumer Law prohibits businesses from misleading consumers about a product they sell.
Exceptions, such as those envisioned by this guidance, are available in emergencies, like an outbreak of a deadly disease, to allow producers time to adjust the product labelling. However, this does not permit businesses to mislead consumers otherwise.
A National Information Standard about ‘free range’ eggs, made under the Australian Consumer Law, was enacted on 26 April 2018. The ACCC issued guidance for producers about the labelling requirements.
