Consumer affairs ministers have set a legal definition for free range eggs. Consumer group Choice has called on shoppers to boycott brands they claim do not meet consumers' expectations, such as "free range" eggs from Woolworths, Coles, Aldi's Lodge Farm, Ecoeggs, Farm Pride and Pace Farm. NSW Minister for Innovation and Better Regulation Victor Dominello said the new national information standard, to be enforced under the Australian Consumer Law, will force egg producers to declare the outdoor stocking density on packaging, whether 1500, 5000 or 10,000 hens per hectare. A safe harbour defence will also be introduced to provide clarity for egg producers on enforcement of the new standards. "Consumers can now decide, 'Should I buy free range eggs at a lower density of 1500 or a higher density of 10,000?' The point is, consumers can now decide," he said.

Choice is calling for a boycott of certain brands and has launched an augmented-reality app CluckAR. Credit:Choice "About 13 million eggs are consumed each day in Australia and demand is continuing to grow. Eggs labelled as free range sell at a premium and our decision today means consumers can be sure they've got what they've paid for." As revealed by Fairfax Media earlier this week, the NSW Department of Primary Industries-run Tocal College has signed a 10-year contract with Pace Farms to supply it with eggs from an operation with 70,000 hens on a 15-hectare property near Newcastle. Tocal College's egg farm. Credit:Department of Primary Industries Under the new definition, the hens, housed in five sheds with a total area of 0.9 hectares, do not necessarily have to venture outside to be called "free range".

Victorian Parliamentary Secretary for Justice Ben Carroll, who attended the meeting on behalf of Minister Jane Garrett, said: "Many people want to buy free range to support ethical industries and these changes will help them have more confidence in their choices." Former NSW Minister for Innovation and Better Regulation Victor Dominello championed the implementation of the new laws in late 2015. Credit:Orlando Chiodo The ministers had four options on the table. One was the status quo, rejected by most parties. Three hinged on the definition the industry has been fighting for - that hens have meaningful access to the outdoors, with a stocking density of no more than 10,000 per hectare. Choice is outraged by the decision, saying its research showed 213 million eggs were sold as free range in 2014 that didn't meet consumers' expectations. It claims the decision means consumers could be paying a premium of between $21 million and $43 million per year for free range eggs that are not actually free range. "Eggs that come from hens that don't go outside and have high stocking densities don't meet consumers' expectations and don't deserve the free range label. Because of this, we are calling on consumers to boycott bad eggs that have an outdoor stocking density of up to 10,000 hens per hectare," said spokesman Tom Godfrey.

"While we welcome the requirement for consistent display of stocking densities on egg cartons, if a standard does not require birds to go outside then why does it matter how much space they have?" The egg industry lobby group Egg Farmers of Australia said the ministers' decision was a commonsense resolution to what has been an "unnecessarily complicated issue" and an "emotional debate". "Consumers too have secured a win. With the new requirement for stocking density to be mandated on pack, shoppers will be empowered through choice," said spokesman John Coward. "Most importantly for industry this provides certainty. The debate on free range has delayed investment in new farms and has placed a handbrake on innovation and productivity." He thanked Small Business Minister Kelly O'Dwyer for her "deliberative and evidence-based approach" and Minister Dominello for his "engagement ... and intellectual rigour" to the debate.

Agriculture Minister Barnaby Joyce alarmed consumer and animal welfare groups when he revealed he and Minister Kelly O'Dwyer had resolved the egg labelling issue between them and Thursday's meeting would be the final tick-off point. "I'm basically as happy as I think I could be and have gone as far as I think we're going to get on the issue. And in talking to egg producers they're pretty well on-side with where we are now," Mr Joyce, also Deputy Prime Minister, had said. Groups such as Choice and Humane Society International raised concerns that Mr Joyce, who has strong connections to industrial producers, may have exercised undue influence over the consultation process, leading to the list of legal definitions favouring larger farmers. Ms O'Dwyer said the ministers made a decision following an extensive consultation process which began in October last year, with nearly 10,000 consumers, farmers, retailers and advocacy groups providing input. "Animal welfare issues relating to free-range eggs will be considered as part of the review of the model code for poultry by Agriculture Ministers with public consultation beginning in September 2016," she said.

ACT Minister Shane Rattenbury was the only one at the Legislative and Governance Forum on Consumer Affairs who voted against the proposed national information standard, saying only eggs from farms with 1500 or fewer birds per hectare should be marked "free range". Industry body Australian Egg Corporation Limited welcomed the decision, saying there was a "national consensus" on egg labelling. "The new definition is fundamentally about doing the right thing by consumers to ensure they can make informed decisions about what eggs they wish to buy based on known factors," its managing director James Kellaway said. "The definition arrived at today has been shaped by science and our own extensive research into what consumers expect when it comes to egg labelling." Animal advocacy group Voiceless lamented the ministers had "bowed to industry pressure", making the situation worse for genuine free range farmers.

"It is clear that the process has been hijacked by big egg producers, many of whom have been the subject of successful Australian Competition and Consumer Commission proceedings for misleading and deceiving consumers," said its legal counsel Emmanuel Giuffre. "The standard is also set to create a safe harbour defence that will protect intensive producers and tie the hands of the ACCC, an effective regulator of the industry to date." The ACCC has taken action against numerous "free range" egg producers over the years for misleading consumers, including Pirovic, penalised $300,000, Darling Downs, Derodi and Holland (Ecoeggs, Field Fresh and Port Stephens brands), and Rosie's, charged $50,000. Greens animal welfare spokesperson Senator Lee Rhiannon said the decision was a disgraceful move by the National Party to misuse of the ACL to progress the interests of big industrial egg producers. "The inclusion of a safe harbour defence is essentially get-out-of-jail-free card for producers that can't even meet the weak free-range standards agreed to by the ministers," she said.

Food delivery service Aussie Farmers Direct's spokesman Jim Cooper said the business would support farmers who are running free range egg farms that meet the Model Code of Practice, stocking to a maximum of 1500 birds per hectare. "We would encourage all consumers to consider their egg choices, and buy real free range eggs from real free range farmers," he said.

