Free-range Eggs - Legal Definition

Legal Definition

Legal standards defining "free range" can be different or even non-existent depending on the country. For example, the U.S. Department of Agriculture requires only that the bird spends part of its time outside, and allows egg producers to freely label these eggs as free-range. Many producers will label their eggs as cage-free in addition to or instead of free-range. Recently, US egg labels have expanded to include the term "barn-roaming," to more accurately describe the source of those eggs that are laid by chickens who do not range freely but are confined to a barn instead of a more restrictive cage.

Cage-free egg production includes barns, free-range and organic systems. In the UK, free-range systems are the most popular of the non-cage alternatives, accounting for around 44% of all eggs in 2011, compared to 4% in barns and 3% organic. In free-range systems, hens are housed to a similar standard as the barn or aviary. In addition, they have constant daytime access to an outside range with vegetation. In the EU each hen must have at least 4 square metres of space.

Non-cage systems may be single or multi-tier (up to four levels), with or without outdoor access. Indoor non-cage systems are also referred to as aviaries (for systems with multiple tiers) or barn systems. The European Union Council Directive 1999/74/EC stipulates that from 1 January 2007 (1 January 2012 for newly built or rebuilt systems), non-cage systems must provide the following:

• A maximum stocking density of 9 birds/m2 of “usable” space (units in production on or before 3 August 1999 may continue with a stocking density up to 12 birds/m2 until 31 December 2011)
• If more than one level is used, a height of at least 45 cm between the levels
• One nest for every seven hens (or 1m2 of nest space for every 120 hens if group nests are used)
• Litter (e.g., wood shavings) covering at least one-third of the floor surface, providing at least 250 cm2 of littered area per hen
• 15-cm of perching space per hen.

In addition to these requirements, free-range systems must also provide the following:

• One hectare of outdoor range for every 2500 hens (equivalent to 4m2 per hen; at least 2.5 m2 per hen must be available at any one time if rotation of the outdoor range is practiced)
• Continuous access during the day to this open-air range, which must be “mainly covered with vegetation”
• Several popholes extending along the entire length of the building, providing at least 2m of opening for every 1000 hens.

Case studies of free-range systems for laying hens across the EU, carried out by Compassion in World Farming, demonstrate how breed choice and preventive management practices can enable farmers to successfully use non beak-trimmed birds.

In Australia, in 2012, the Australian Egg Corporation Limited, body for the industry, has tried to register a free range trademark allowing 20,000 hens per hectare on the range. This has sparked a major row between large producers, welfare groups, and small producers. The trade mark has been rejected by the governing body the ACCC on the grounds of deceptive conduct and the industry is set to be strictly regulated to stamp out widespread cheating.

There is a voluntary code allowing for 1,500 hens per hectare which is widely ignored by the major egg producers. It is expected that this code will be enshrined into law giving consumers the protection they deserve.