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TASMANIA
__________
EGG LABELLING AND SALE BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Non-application of Act
5. Types of egg production system
6. Packaging requirements for eggs produced in Tasmania
7. Obligations of retailers of eggs
8. Infringement notices
9. Regulations
10. Administration of Act
Schedule 1 - Specified Statement
[Bill 81]-VI
2
EGG LABELLING AND SALE BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
14 November 2013
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to regulate the labelling and sale of eggs
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Egg Labelling and
Sale Act 2013.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
In this Act -
barn system - see section 5(2);
cage system - see section 5(1);
[Bill 81] 3
Egg Labelling and Sale Act 2013
Act No. of
s. 3
Code means -
(a) the Model Code of Practice for
the Welfare of Animals: Domestic
Poultry published by PISC, as in
force and as amended, or
substituted, from time to time; or
(b) such other code or document that
is prescribed for the purposes of
this definition;
egg means an egg that is laid by a hen;
egg production system means -
(a) a cage system; or
(b) a barn system; or
(c) a free-range system; or
(d) a system as otherwise prescribed
in the regulations;
free-range system - see section 5(3);
hen means a domestic fowl of the species
gallus gallus;
PISC means the Primary Industries Standing
Committee of the Standing Council on
Primary Industries, as established or
recognised by the Council of Australian
Governments;
regulations means regulations made, and in
force, under this Act;
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Egg Labelling and Sale Act 2013
Act No. of
s. 4
sell includes -
(a) to barter, offer or attempt to sell;
and
(b) to receive for sale; and
(c) to have in possession for sale;
and
(d) to display for sale; and
(e) to cause or permit to be sold or
offered for sale; and
(f) to send, forward or deliver for
sale; and
(g) to dispose of by any method for
valuable consideration; and
(h) to dispose of to an agent for sale
on consignment; and
(i) to sell for the purpose of resale;
and
(j) to otherwise deal with an egg as
prescribed in the regulations.
4. Non-application of Act
This Act does not apply to -
(a) eggs sold by an association, within the
meaning of the Associations
Incorporation Act 1964, whether
incorporated or unincorporated; and
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Egg Labelling and Sale Act 2013
Act No. of
s. 5
(b) eggs sold by a person, if -
(i) either alone or in association with
others, the person keeps, or
causes or allows to be kept, not
more than 20 hens; and
(ii) the eggs are produced by those
hens.
5. Types of egg production system
(1) A cage system means a system of egg production
that -
(a) at a minimum, meets the standards set
out in the Code for cage systems in
relation to the following matters:
(i) cage design and systems;
(ii) cage conditions and life;
(iii) stocking levels; and
(b) meets any other requirements prescribed
in the regulations for cage systems.
(2) A barn system means a system of egg production
that -
(a) at a minimum, meets the standards set
out in the Code for non-cage systems in
relation to the following matters:
(i) housing design and systems;
(ii) housing conditions and life;
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Egg Labelling and Sale Act 2013
Act No. of
s. 6
(iii) stocking levels; and
(b) meets any other requirements prescribed
in the regulations for barn systems.
(3) A free-range system means a system of egg
production that -
(a) at a minimum, meets the standards set
out in the Code for both non-cage
systems and free-range systems in
relation to the following matters:
(i) range, and housing, design and
systems;
(ii) range, and housing, conditions
and life;
(iii) stocking levels; and
(b) meets any other requirements prescribed
in the regulations for free-range systems.
6. Packaging requirements for eggs produced in
Tasmania
(1) A person must not sell eggs that have been
produced in Tasmania unless the eggs are
correctly packaged.
Penalty: Fine not exceeding 50 penalty units.
(2) For subsection (1), eggs are correctly packaged
if the packaging -
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Egg Labelling and Sale Act 2013
Act No. of
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(a) specifies the name of the egg production
system, under which the eggs were
produced, in characters that are at least 6
millimetres high; and
(b) displays the word "egg" or "eggs"
preceding or following the name of the
egg production system under which the
eggs were produced.
7. Obligations of retailers of eggs
(1) In this regulation -
relevant sign, for an egg production system,
means a sign that sets out the specified
statement for that egg production
system -
(a) in characters not less than 30
millimetres high; and
(b) in a colour that is in sharp
contrast to the background colour
of the sign; and
(c) using the upper-case and lower-
case lettering as shown in the
specified statement;
specified statement means the statement -
(a) as specified in Schedule 1 for the
egg production system used to
produce the eggs on display; or
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Egg Labelling and Sale Act 2013
Act No. of
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(b) as otherwise prescribed in the
regulations.
(2) A person must not display eggs for sale unless
the relevant sign, for the egg production system
used to produce the eggs for sale, is displayed in
a prominent position that allows the relevant
sign to be seen, and easily read, by a person at or
near the display of eggs.
Penalty: Fine not exceeding 50 penalty units.
(3) A person must not display for sale eggs
produced under one egg production system with
eggs produced under another egg production
system unless -
(a) the relevant sign for each egg production
system used to produce the eggs is
displayed; and
(b) the eggs are -
(i) grouped according to the egg
production system used to
produce the eggs; and
(ii) separated into the groups of eggs
under subparagraph (i) by red
markings on the edge of the
display to indicate where one
group of eggs ends and another
commences.
Penalty: Fine not exceeding 50 penalty units.
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Egg Labelling and Sale Act 2013
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(4) Subsection (3)(b)(ii) does not apply to a display
of eggs if the total length of the display surface
for the eggs is less than 2 metres.
(5) For the avoidance of doubt, this section applies
to all eggs that are displayed for sale in
Tasmania, regardless of where the eggs are
packaged or produced.
8. Infringement notices
(1) In this section -
infringement offence means an offence
against this Act or the regulations that is
prescribed by the regulations to be an
infringement offence.
(2) An authorized officer, within the meaning of the
Consumer Affairs Act 1988, may issue and serve
an infringement notice on a person if he or she
reasonably believes that the person has
committed an infringement offence.
(3) An infringement notice may not be served on an
individual who has not attained the age of 16
years.
(4) An infringement notice -
(a) is to be in accordance with section 14 of
the Monetary Penalties Enforcement Act
2005; and
(b) is not to relate to more than 3 offences.
(5) The regulations -
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(a) may prescribe, for infringement offences,
the penalties payable under infringement
notices; and
(b) may prescribe different penalties for
bodies corporate and individuals.
9. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of
subsection (1), the regulations may -
(a) provide for a label that may be used to
indicate compliance with this Act; and
(b) specify the form and content of a label
referred to in paragraph (a), or that the
form and content may be determined or
approved by a person or body as
specified in the regulations, and the
circumstances in which the label may be
applied or used; and
(c) modify the Code for the purposes of its
application under this Act; and
(d) specify any additional requirements for
an egg production system, including the
stocking levels.
(3) Without limiting subsection (2)(c), the
regulations may provide that the Code applies
under this Act as if an amendment to the Code
had not taken effect.
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Egg Labelling and Sale Act 2013
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(4) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(5) The regulations may authorise any matter to be
from time to time determined, applied, approved
or regulated by any person or body specified in
the regulations.
(6) The regulations may -
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding 25
penalty units and, in the case of a
continuing offence, a further fine not
exceeding 5 penalty units for each day
during which the offence continues.
(7) The regulations may adopt, either wholly or in
part and with or without modification, and either
specifically or by reference, any standards, rules,
codes or specifications whether the standards,
rules, codes or specifications are published or
issued before or after the commencement of this
Act.
(8) A reference in subsection (7) to standards, rules,
codes or specifications includes a reference to an
amendment of those standards, rules, codes or
specifications whether the amendment is
published or issued before or after the
commencement of this Act.
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Egg Labelling and Sale Act 2013
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10. Administration of Act
Until provision is made for this Act by order
under section 4 of the Administrative
Arrangements Act 1990 -
(a) the administration of this Act is assigned
to the Minister for Corrections and
Consumer Protection; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
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Egg Labelling and Sale Act 2013
Act No. of
sch. 1
SCHEDULE 1 - SPECIFIED STATEMENT
Section 7(1)
1. The specified statement for a cage system is as
follows:
These eggs are produced by birds which are
continuously housed in cages within a shed.
2. The specified statement for a barn system is as
follows:
These eggs are produced by birds which are housed
within a shed that may have more than one level.
The floor may be based on litter and/or other
materials such as slats or wire mesh.
3. The specified statement for a free-range system
is as follows:
These eggs are produced by birds which are housed
in sheds but have access to an outdoor range.
14 Government Printer, Tasmania