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This is a Bill, not an Act. For current law, see the Acts databases.


FREE RANGE EGGS LABELLING BILL 2012

                      Western Australia


     Free Range Eggs Labelling Bill 2012

                         CONTENTS


1.      Short title                                   2
2.      Commencement                                  2
3.      Definitions                                   2
4.      Free Range Egg labelling requirements         3
5.      Labelling of egg packages                     3
6.      Display of Free range eggs for retail sale    3
7.      Regulations                                   4
        Schedule 1 -- Conditions under
            which free range hens are kept




                           321 -- 1                   page i
                               Western Australia


                          LEGISLATIVE COUNCIL

                  (Introduced by Hon. Lynn MacLaren MLC)


             Free Range Eggs Labelling Bill 2012


                                   A Bill for


1   An Act to define and regulate the labelling and sale of free range
2   eggs.



    The Parliament of Western Australia enacts as follows:




                                                                    page 1
     Free Range Eggs Labelling Bill 2012



     s. 1




1    1.         Short title
2               This Act is the Free Range Eggs Labelling Act 2012.

3    2.         Commencement
4               This Act comes into operation on the day on which it receives
5               the Royal Assent.

6    3.         Definitions
7         (1)   In this Act --
8               Code means the Code of Practice for Poultry in Western
9               Australia, published by the Department of Local Government
10              and Regional Development 2003, as amended from time to
11              time.
12              egg means an egg laid by a hen.
13              Free range egg means an egg laid by a free range hen.
14              Free range hen means a hen kept in the conditions described in
15              schedule 1.
16              hen means any domesticated chicken (Gallus gallus) which is
17              bred, kept or used for the purpose of commercial egg
18              production.
19              packaging means any container or wrapper in or by which eggs
20              are completely or partly enclosed, contained or packed.
21              sell means --
22                (a) barter, offer or attempt to sell; or
23                (b) receive for sale; or
24                (c) have in possession for sale; or
25                (d) display for sale; or
26                (e) cause or permit to be sold or offered for sale; or
27                 (f) send, forward or deliver for sale; or
28                (g) dispose of by any method for valuable consideration; or


     page 2
                                            Free Range Eggs Labelling Bill 2012



                                                                                s. 4



1                (h)   dispose of to an agent for sale on consignment or by any
2                      other method; or
3                 (i) sell for the purpose of resale,
4               and any derivative from the word sell has a corresponding
5               meaning.

6    4.         Free Range Egg labelling requirements
7               A person must not sell free-range eggs unless the packaging for
8               the free-range eggs displays the words "free range eggs"
9               conspicuously in standard type at least 6mm high.

10   5.         Labelling of egg packages
11              A person must not sell eggs which are not free range eggs in
12              packaging that displays the words "free range" or any variant
13              thereof.
14              Maximum penalty: 50 penalty units, imprisonment for 6 months
15              or both.

16   6.         Display of Free range eggs for retail sale
17        (1)   A person who displays free range eggs for retail sale commits
18              an offence if the display is not in accordance with
19              subsection (2).
20              Maximum penalty: 50 penalty units.
21        (2)   For subsection (1) --
22               (a) the display must have a sign containing the following
23                     statement: 'These eggs are free range eggs. They are
24                     produced by hens in free range systems that comply
25                     with the minimum standards in the Code of Practice for
26                     Poultry in Western Australia'; and
27               (b) the sign must be placed prominently so that it can be
28                     seen and read easily by a person at or near the display;
29                     and



                                                                          page 3
     Free Range Eggs Labelling Bill 2012



     s. 7



1               (c)   the statement on the sign must be printed in --
2                        (i) a colour that contrasts with the background
3                             colour of the sign; and
4                       (ii) Arial bold typeface in a size not less than 50
5                             point.

6    7.       Regulations
7             The Governor may make regulations, not inconsistent with this
8             Act, for or with respect to any matter that by this Act is required
9             or permitted to be prescribed or that is necessary or convenient
10            to be prescribed for carrying out or giving effect to this Act.




     page 4
                                        Free Range Eggs Labelling Bill 2012
              Conditions under which free range hens are kept  Schedule 1




Schedule 1 -- Conditions under which free range hens are
                         kept
      Hens are kept --
       (a) with daytime access for a minimum of 8 hours per day to an
              outdoor range; 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 a system having a maximum stocking density of 1500 hens
                per hectare; and
        (e)     in all other respects in accordance with the requirements for
                free range systems under the Code.




 


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