NFU responds to proposed changes to free range egg marketing laws

This consultation has now closed.

The NFU welcomes Defra and the Scottish Government’s proposal to remove the 16-week grace period for free range status which would allow eggs to be labelled as free range for the duration of any mandatory avian housing measures in England and Scotland.

The NFU strongly supports the proposed legislative change, but is disappointed that the Welsh Government has not joined with Defra and the Scottish Government in consulting on these proposals.

The NFU is urging Defra to work with the devolved administrations to implement the changes across the whole of Great Britain as soon as possible to provide much needed certainty and improve producer confidence in the free-range egg sector.

The proposed change would also bring domestic legislation in line with marketing regulations in the European Union, ensuring a more level playing field with European egg producers.

Northern Ireland’s marketing regulations are already aligned with the EU, so these proposed changes would also ensure a level playing field within the UK.

Protection for producers

It is the NFU’s view that housing measures should be evidence-led and introduced as soon as Defra’s veterinary risk assessments indicate that housing is needed to protect poultry and captive birds.

Adopting the proposed changes to legislation will create better alignment between avian disease control strategy and marketing regulations. This will allow for more streamlined decision making when introducing and lifting mandatory housing measures in the future.

Under the current legislation, egg producers hold the majority of the risk associated with the loss of free range status after the current 16-week period expires and they are dependent on the goodwill of their customers to maintain their free range premium if eggs have to be re-classified as barn eggs.

The difference in cost of production in typical commercial free range systems during temporary housing measures compared to when birds have range access is negligible. Therefore, any loss of income associated with the current legislation would impact on the profitability and viability of egg producers.

This has an impact on producer confidence and is not a long-term solution, which is why the NFU welcomes Defra’s proposal to remove the 16-week grace period.

Defra and the Scottish Government are proposing to remove the 16 week free range grace period for eggs produced in England or Scotland, allowing eggs to be labelled as free-range instead of barn when laying poultry are housed throughout the duration of mandatory AI housing measures.

Marketing standards are a devolved issue and as it stands the Welsh Government has not announced a consultation on an equivalent proposal that would apply in Wales.

On the launch of the consultation, NFU Poultry Board chair James Mottershead said: “Poultry farmers put the health and welfare of their birds first. This is why, just like any poultry keeper, they must bring their flocks indoors when government-imposed housing measures are put in place.

“However, this can come with additional requirements for egg producers, especially if they must change their packaging.

“This consultation provides an opportunity to remove any unnecessary burden on egg producers in England and Scotland enabling a level playing field with poultry producers in the EU.

“However, many businesses operate nationally across Great Britain, so it’s critical that eggs produced in Wales are also included in any changes to marketing regulations.”

Commenting on the consultation, Farming Minister Mark Spencer said: “We understand the pressures bird flu outbreaks place on our poultry and egg producers, which is why we continue to prioritise ways to support the industry during outbreaks of this disease.”

“I encourage all those with an interest to take part in this consultation to ensure that our free-range industry continues to thrive in years to come.”

The consultation opened on the 9 January 2024 runs for eight weeks. NFU members could share their views with the organisation through a feedback survey that was available on this page until 26 February 2024.

Members are also encouraged to respond directly to Defra at: Consultation on removing the 16-week derogation period in egg marketing standards legislation in England and Scotland. Defra's survey should take no longer than 10 minutes to complete.

Egg marketing standards in the UK require clear production system labelling on the outer surface of egg packs. In certain circumstances, such as mandatory poultry housing measures for avian influenza disease control, there is a grace period that allows eggs produced by laying poultry subject to a government imposed mandatory housing measure to continue to be labelled as free-range for 16 weeks.

If housing measures remain in place after this 16 week period has ended, the code stamped on individual eggs as well as the labelling on the outer packaging must be changed to indicate barn instead of free range production.

During the 2021/22 and 2022/23 avian influenza outbreaks, mandatory government housing measures for poultry exceeded the 16 week grace period, with subsequent changes applicable to labelling in order to comply with marketing standards. This caused additional cost, resource and disruption to egg businesses operating in the UK.

More information: Avian influenza and 'free range' status – what does the law say?

Legislation in the EU

The EU has already amended their egg marketing regulations to remove the 16 week grace period and allow eggs to be marketed as free range for the duration of any mandatory housing measures. Under the current arrangements between the UK and EU, this change also applies to Northern Ireland.

Therefore, as it stands, egg producers in GB could be at a competitive disadvantage to EU and NI producers if any future government-imposed housing measures exceed 16 weeks.

Proposals and NFU position

The changes proposed by Defra and the Scottish Government (which would apply in England and Scotland) would eliminate the administrative burden and cost to the supply chain associated with adopting a labelling solution that complies with marketing regulations after the 16 week grace period expires.

Removal of the 16 week grace period would also ensure a level playing field between egg producers in England and Scotland and those in the EU and NI.

The NFU ask has always been for amendments to the egg marketing regulations to apply across GB and we are disappointed at the absence of Welsh Government involvement in this consultation.

We continue to raise the importance of a GB approach with Welsh officials and will be including reference to this in the NFU response to the consultation.