The Australian Competition and Consumer Commission (ACCC) has today urged those in the egg industry to look over their free range claims, citing a $300,000 penalty against Pirovic Enterprises as a reminder for industry participants to take heed.
The Federal Court found Pirovic did not ensure hens moved about on an open range as the ‘free range’ labelling and promotion suggests, a factor ACCC Chairman Rod Sims said highlighted the need for a ‘free range’ claim to “be backed by farming conditions and practices implemented by suppliers”.
In a speech addressed to the Australian Farm Institute Conference in Melbourne today, Mr Sims revealed that the ACCC would be writing to egg suppliers throughout the week.
“We are encouraging them to consider whether they should review the words and images used on their free-range egg cartons and any advertising claims about their free range eggs,” Mr Sims said.
Mr Sims said that while it is imperative that the egg industry ensure their ‘free range’ claims are warranted, the ACCC did not see the need for producers to abide to a specific Government standard.
“Some have expressed concern that there is no government standard that producers need to meet to be a free range producer. We see no need for any standard.
“In the Pirovic case the court ruled that free range means the birds can and go outside on most days. It is up to producers to determine how to meet this common sense definition.
“Any prescriptive standard beyond this would likely have requirements that are not relevant to what consumers understand free range to mean.”
The $300,000 penalty handed down to Pirovic falls short of the $400,000 in civil pecuniary penalties given to Baiada Poultry Pty Ltd and Bartter Enterprises Pty Ltd in November 2013.
The claims against Baiada and Bartter saw the Court determine that the processors and suppliers of Steggles branded chicken products had engaged in “false, misleading and deceptive conduct (or conduct liable to mislead and deceive)” by describing the living conditions of its chickens, as “free to roam in large barns”.
