Eggs (Labelling and Sale) Act 2001

This Act is the Eggs (Labelling and Sale) Act 2001.

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)).

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.

For this Act, a reference to the egg labelling requirements means conspicuously displaying on the packaging for the eggs—

a statement that the eggs are—

free-range eggs; or

barn eggs; or

cage eggs; or

aviary eggs; and

if the eggs are free-range eggs—the stocking density for the hens that laid the eggs.

A labelling requirement under subsection (1) is conspicuously displayed if the requirement is in standard type of at least 6mm high.

A person commits an offence if the person—

sells packaged hen eggs; and

the eggs are not labelled in accordance with the egg labelling requirements.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

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.

For subsection (1)—

the display must have a sign containing the following statement:

‘THESE ARE CAGE EGGS. Birds are continuously housed in cages within a shed.’; and

the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and

the statement on the sign must be printed in—

a colour that contrasts with the background colour of the sign; and

Arial bold typeface in a size not less than 50 point.

If the person displays cage system eggs and other hen eggs for retail display, the display of cage system eggs must—

be separate from the display of the other eggs; and

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.

For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT.

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.

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.

For subsection (1)—

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

the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and

the statement on the sign must be printed in—

a colour that contrasts with the background colour of the sign; and

Arial bold typeface in a size not less than 50 point.

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.

For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT.

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.

For subsection (1)—

the display must have a sign containing the following statement:

‘THESE ARE FREE-RANGE EGGS. The ACT Government supports a free‑range stocking density of 1 500 hens or less per hectare.’; and

the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and

the statement on the sign must be printed in—

a colour that contrasts with the background colour of the sign; and

Arial bold typeface in a size not less than 50 point.

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.

For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.