Eggs (Labelling and Sale) Act 2001

Section 1 1 Name of Act This Act is the Eggs (Labelling and Sale) Act 2001. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act. For example, the signpost definition ‘egg labelling requirements—see section 5 (What are the egg labelling requirements).’ means that the expression ‘egg labelling requirements’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. page 2 Eggs (Labelling and Sale) Act 2001 R4 Effective: 01/01/10 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office

Section 5 5 What are the egg labelling requirements For this Act, a reference to the egg labelling requirements, for hen eggs, means— (a) the packaging for the eggs displays the relevant expression in schedule 1 indicating the conditions under which the hens that produced the eggs are kept; and (b) the relevant expression is preceded or followed by the word ‘egg’ or ‘eggs’; and (c) the relevant expression is conspicuously displayed on the packaging in standard type of at least 6mm high. 6 Labelling of egg packages A person must not sell hen eggs unless the eggs are packaged in accordance with the egg labelling requirements. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. 7 Cage eggs—retail display (1) A person who displays cage eggs for retail sale commits an offence if the display is not in accordance with subsections (2) and (3). Maximum penalty: 50 penalty units. (2) For subsection (1)— (a) the display must have a sign containing the following statement: ‘THESE ARE CAGE EGGS. Birds are continuously housed in cages within a shed.’; and (b) the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and R4 Eggs (Labelling and Sale) Act 2001 page 3 01/01/10 Effective: 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office

Section 7A (c) the statement on the sign must be printed in— (i) a colour that contrasts with the background colour of the sign; and (ii) Arial bold typeface in a size not less than 50 point. (3) If the person displays cage system eggs and other hen eggs for retail display, the display of cage system eggs must— (a) be separate from the display of the other eggs; and (b) have a red marking on the edge of the shelf so that the marking can be seen easily by a person at or near the display of cage system eggs. (4) For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT. (5) Subsection (3) (b) does not apply if the total length of shelf on which hen eggs of any kind are displayed for sale is less than 2m. Example A retailer displays cage eggs, barn eggs and free-range eggs for sale on shelves that are stacked above one another, each kind of eggs on a different shelf. The display of each kind of egg takes up 1m of shelf length. The total length of shelf on which eggs are displayed is 3m. Subsection (3) (b) applies to the retailer. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). 7A Barn eggs—retail display (1) A person who displays barn eggs for retail sale commits an offence if the display is not in accordance with subsections (2) and (3). Maximum penalty: 50 penalty units. page 4 Eggs (Labelling and Sale) Act 2001 R4 Effective: 01/01/10 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office

Section 7B (2) For subsection (1)— (a) the display must have a sign containing the following statement: ‘THESE ARE BARN EGGS. Birds in barn systems are free to roam within a shed which may have more than 1 level. The floor may be based on litter and/or other material such as slats or wire mesh.’; and (b) the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and (c) the statement on the sign must be printed in— (i) a colour that contrasts with the background colour of the sign; and (ii) Arial bold typeface in a size not less than 50 point. (3) If the person displays barn eggs and other hen eggs for retail display, the display of barn eggs must be separate from the display of the other eggs so that a person at or near the display can easily identify the eggs to which the sign mentioned in subsection (2) relates. (4) For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT. 7B Free-range eggs—retail display (1) A person who displays free-range eggs for retail sale commits an offence if the display is not in accordance with subsections (2) and (3). Maximum penalty: 50 penalty units. R4 Eggs (Labelling and Sale) Act 2001 page 5 01/01/10 Effective: 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office

Section 8 (2) For subsection (1)— (a) the display must have a sign containing the following statement: ‘THESE ARE FREE-RANGE EGGS. Birds in free-range systems are housed in sheds and have access to an outdoor range.’; and (b) the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and (c) the statement on the sign must be printed in— (i) a colour that contrasts with the background colour of the sign; and (ii) Arial bold typeface in a size not less than 50 point. (3) If the person displays free-range eggs and other hen eggs for retail display, the display of free-range eggs must be separate from the display of the other eggs so that a person at or near the display can easily identify the eggs to which the sign mentioned in subsection (2) relates. (4) For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT. 8 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. page 6 Eggs (Labelling and Sale) Act 2001 R4 Effective: 01/01/10 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office Conditions under which hens are kept Schedule 1 Schedule 1 Conditions under which hens are kept (see s 5) column 1 column 2 column 3 item relevant conditions under which the hens that expressions produced the eggs are kept 1 cage Hens are kept in cages— (a) without access to litter, perch or nest; and (b) in accordance with the stocking level and other requirements for cage systems under the code. 2 barn Hens are kept— (a) with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and (b) with adequate perching facilities and nests available to birds within the shed to accommodate the needs of all hens; and (c) with half the housing kept under litter; and (d) in accordance with the stocking level and other requirements for deep litter systems on a single level under the code. 3 aviary Hens are kept in a shed— (a) with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and (b) with adequate perching facilities and nests available to birds on a number of levels within the shed to accommodate the needs of all hens; and (c) with half the housing kept under litter; and (d) in accordance with the stocking level and other requirements for deep litter systems under the code with the allowance of a number of additional levels of nesting and perching space. R4 Eggs (Labelling and Sale) Act 2001 page 7 01/01/10 Effective: 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office

Schedule 1 Conditions under which hens are kept column 1 column 2 column 3 item relevant conditions under which the hens that expressions produced the eggs are kept 4 free range Hens are kept— (a) with continuous daytime access to outdoor runs; and (b) with access at all times to indoor litter, perches and nests; and (c) with adequate protection at all times from predators and the elements; and (d) in accordance with the stocking level and other requirements for range systems under the code. page 8 Eggs (Labelling and Sale) Act 2001 R4 Effective: 01/01/10 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:  Executive  may (see s 146)  must (see s 146)  person  Territory law. barn egg means an egg laid by a hen kept in the conditions described in schedule 1, item 2, column 3. cage egg means an egg laid by a hen kept in the conditions described in schedule 1, item 1, column 3. code means the Model Code of Practice for the Welfare of Animals: Domestic Poultry, made by the Animal Welfare Committee of the Standing Committee on Agriculture and Resource Management, as in force from time to time. egg labelling requirements—see section 5 (What are the egg labelling requirements). free-range egg means an egg laid by a hen kept in the conditions described in schedule 1, item 4, column 3. hen means a domestic fowl (Gallus gallus). packaging, for hen eggs, includes any container or wrapper in or by which eggs are completely or partly enclosed, contained or packed. sell, for hen eggs, includes— (a) barter, offer or attempt to sell; or (b) receive for sale; or R4 Eggs (Labelling and Sale) Act 2001 page 9 01/01/10 Effective: 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary (c) have in possession for sale; or (d) display for sale; or (e) cause or permit to be sold or offered for sale; or (f) send, forward or deliver for sale; or (g) dispose of by any method for valuable consideration; or (h) dispose of to an agent for sale on consignment; or (i) sell for the purpose of resale. page 10 Eggs (Labelling and Sale) Act 2001 R4 Effective: 01/01/10 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes About the endnotes 1 Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired R4 Eggs (Labelling and Sale) Act 2001 page 11 01/01/10 Effective: 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 3 Legislation history 3 Legislation history Eggs (Labelling and Sale) Act 2001 A2001-83 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) s 9 commenced 12 September 2001 (s 2 (1)) remainder commenced 10 March 2002 (s 2 (2) and LA s 79) as amended by Statute Law Amendment Act 2002 A2002-30 pt 3.20 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.20 commenced 17 September 2002 Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.11 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.11 commenced 27 December 2007 (s 2) Eggs (Cage Systems) Legislation Amendment Act 2009 A2009-31 notified LR 24 September 2009 s 1, s 2 commenced 24 September 2009 (LA s 75 (1)) remainder commenced 1 January 2010 (s 2) 4 Amendment history Commencement s2 om LA s 89 (4) Cage eggs—retail display s7 sub A2009-31 s 4 Barn eggs—retail display s 7A ins A2009-31 s 4 Free-range eggs—retail display s 7B ins A2009-31 s 4 Animal Welfare (Amendment) Act 1997, section 2 s9 om LA s 89 (3) Conditions under which hens are kept sch 1 am A2009-31 s 5 page 12 Eggs (Labelling and Sale) Act 2001 R4 Effective: 01/01/10 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes Earlier republications 5 Dictionary dict am A2002-30 amdt 3.242; A2007-39 amdt 3.34 def barn egg ins A2009-31 s 6 def cage egg ins A2009-31 s 6 def free-range egg ins A2009-31 s 6 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication Effective Last Republication No and date amendment for made by R1 10 Mar 2002– not amended new Act 10 Mar 2002 16 Sept 2002 R2 17 Sept 2002– A2002-30 amendments by 24 Sept 2002 26 Dec 2007 A2002-30 R3 27 Dec 2007– A2007-39 amendments by 27 Dec 2007 31 Dec 2009 A2007-39 © Australian Capital Territory 2010 R4 Eggs (Labelling and Sale) Act 2001 page 13 01/01/10 Effective: 01/01/10 Unauthorised version prepared by ACT Parliamentary Counsel's Office