Free-Range Poultrymeat Marketing Standards (Amendment) (England) Regulations 2025
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Baroness Hayman of Ullock
That the Grand Committee do consider the Free-Range Poultrymeat Marketing Standards (Amendment) (England) Regulations 2025.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)
My Lords, these regulations were laid before this House on 1 July 2025.
Today is Back British Farming Day, and this instrument seeks to do just that: back our free-range poultry meat producers. This instrument has been laid to amend existing legislation governing poultry meat marketing standards to enable free-range poultry meat to be marketed as such for the duration of mandatory housing measures introduced during outbreaks of disease, such as avian influenza, which restrict the access of birds to open-air runs. All other criteria upon which the “free range” marketing term relies, such as stocking density, age at slaughter, feed formula and poultry house pop-holes, must continue to be met.
Outbreaks of avian influenza usually occur during the winter months, as was the case in 2021-22, 2022-23 and 2024-25, resulting in the introduction of mandatory housing measures for poultry that, in all cases, lasted longer than the 12-week labelling derogation period. This was for an additional 10 weeks in 2021-22, 11 weeks in 2022-23 and, most recently, eight weeks in 2024-25. So it will be important for the industry that this statutory instrument is in place for the upcoming winter period and beyond, in the event that we experience another avian influenza outbreak.
Currently, when free-range birds are placed under mandatory housing measures due to outbreaks of disease such as avian influenza, the poultry meat marketing standards regulations allow poultry meat to continue to be labelled as “free range” for a maximum period of 12 weeks, known as the 12-week derogation period. After this, poultry meat from those birds has to be marketed as indoor reared.
In 2024, Defra held a joint consultation on these proposed changes together with the Scottish Government. Some 79% of respondents supported the removal of the derogation. A separate consultation was conducted by the Welsh Government. The European Commission also consulted on plans to remove the 12-week derogation period from its legislation. In line with the Windsor Framework, any changes to EU legislation will also apply to Northern Ireland, when introduced.
When a mandatory housing measure is imposed on poultry producers, this is to safeguard the welfare of the birds, which must be our primary concern. However, we also recognise that the current requirement for poultry meat producers and processors to re-label free-range poultry meat once the derogation period is exceeded represents a financial burden on producers. This is primarily related to the higher operating costs that continue to be incurred to maintain their free-range system, with the additional cost of having to ensure that birds are temporarily housed indoors. This is also combined with the loss of income from the premium price that free-range products attract.
This statutory instrument will remove the 12-week derogation period so that free-range poultry meat producers and processors can market poultry meat as free range for the duration of a mandatory housing measure, however long that may last. With the European Union introducing a similar change to its legislation, the introduction of this statutory instrument will enable English free-range producers and processors to continue to operate on a level playing field commercially with producers in the European Union and Northern Ireland. As broiler chickens are generally slaughtered before reaching 12 weeks of age, the removal of this derogation will apply primarily to higher-value free-range birds with longer production cycles, such as turkeys, ducks and geese.
We are working closely with devolved Governments to align the introduction of the planned changes. A statutory instrument was laid in the Scottish Parliament on 3 September 2025 to amend its domestic regulations in relation to the removal of the 12-week derogation period. We anticipate that the Welsh Government will make an announcement shortly regarding the removal of the 12-week derogation period within their legislation.
The change to be introduced by this statutory instrument will safeguard our Great British poultry meat industry by reducing costs, continuing to ensure it is competitive against imports and by protecting the value of its products without compromising the high welfare and food safety standards expected by UK consumers and our trading partners. I beg to move.
Baroness Grender (LD)
My Lords, this is the 10th annual Back British Farming Day—a moment to celebrate our farmers and the vital contribution they make to our economy, countryside and food security. I thank the Minister for giving us the opportunity to discuss this important statutory instrument with significant implications for producers and consumers who value high food standards.
We welcome this proposal, which, after consultation, seeks to resolve a persistent challenge balancing disease protection with honest and transparent labelling. This amendment rightly removes the 12-week limit for how long poultry can be kept indoors under mandatory housing measures while retaining the free-range label. The change, as I understand it, has the greatest effect on turkey, duck and goose producers, as chickens are generally slaughtered before the time limit expires.
On this day dedicated to British farming, it is fitting to recognise the immense pressures faced by our producers, especially after the impacts of avian influenza, and the need for legislation that is fair and practical. Mass culls, supply-chain issues and uncertainty have taken their toll on our rural communities, and that is why the priority must be a regulatory system that protects producers from circumstances that are often beyond their control, without undermining their hard-won reputations, of which so many of our UK food producers can be rightly proud.
The Liberal Democrats have consistently championed high animal welfare standards. When in government, we introduced the all-out ban on caged hens. Consumers expect clarity and integrity in their food labelling, and the free-range label stands for quality, welfare and trust, and it is important that those values must not be diluted or diminished.
Support for producers should never mean weaker animal welfare or compromised consumer trust, so I urge the Minister to confirm, or respond with reassurances, that the statutory instrument will not do any of the following. First, will she confirm that it will not exclude British free-range eggs or poultry from EU markets due to regulatory divergence, risking essential exports? After the trading challenges of bad post-Brexit deals, this is a pressure that our farming communities cannot continue to bear. Secondly, will she confirm that it will not dilute the high welfare expectations associated with the “free range” label, which our producers and customers depend on?
Finally, will the Minister confirm that the statutory instrument will not lead to confusion or reduce confidence in what “free range” genuinely means—I note the examples from the polling that the Minister used in her introductory remarks—for so many of our consumers who today wish, in increasing numbers, to make ethical choices? Meeting public expectations and reflecting farm realities requires transparency. The reputation of “free range” must remain as a guarantee of higher welfare, not merely a technicality. Also, how will the Government audit compliance, ensure that labelling reflects actual living standards and work with producers and consumer groups to uphold these robust standards?
We support these regulations; we are looking at the small print, but we are very much in support of this statutory instrument when it comes to providing detailed reassurances on animal welfare and consumer confidence. On Back British Farming Day, we stand with our farmers while demanding the highest standards for animals, rural communities and our food security system. I look forward to hearing the Minister’s response.
Baroness Hayman of Ullock (Lab)
I thank noble Lords who have taken part in this debate. I know it has not been a very long debate, but I thank noble Lords for their support, because this is an important instrument.
The noble Baroness, Lady Grender, asked whether or not animal welfare would be diluted by it. The answer is: absolutely not. Animal welfare legislation continues to apply even though the birds are being housed. Keepers are ultimately responsible for the welfare of their birds, but we have good legislation in this country to ensure high animal welfare standards. Guidance for all bird-keepers on biosecurity and preventing welfare impacts on poultry has been published by Defra and is available on the avian influenza pages on the Government’s website.
On the free-range criteria, the criteria on which designation of the “free range” special marketing term is granted are outlined in Article 11 and Annexe V of the poultry meat market standards regulations. In summary, for poultry to be regarded as “free range”, the stocking rate in the house and the age at slaughter have to follow detailed requirements. To take chickens for example, the stocking rate per square metre of floor space must not exceed 15 birds and a live weight of 25 kilograms or less, and the age of slaughter must be 56 days or later. Continuous daytime access must also be provided to open-air runs that are covered by certain amounts of vegetation—for example, 4 square metres per turkey or goose. During mandatory housing measures, access to the open-air runs only will be restricted; all the other free-range criteria will continue to apply.
The noble Baroness, Lady Grender, asked about enforcement. Animal and Plant Health Agency inspectors conduct risk-based and random checks on free-range poultry producers. Local authorities also conduct checks at retail level. These inspections will ensure that only free-range poultry meat is labelled as free range during mandatory housing measures. Previously, retailers have put up clear signage to explain the conditions that are being met under the new arrangements.
Regarding consumer information and consumer confidence, we issue national, local and trade press releases to make sure that the latest information is communicated through the media. We also post the latest advice, key messages and situational updates on both the Defra and APHA social media channels. Working with different industry groups, the information is then distributed through those industry group members. In addition, you can also subscribe to APHA’s free animal disease alert service for any latest information on situations in Great Britain.
On the EU, there should not be a problem. As I mentioned in my introductory speech, the EU has confirmed that it is also intending to proceed with the removal of the 12-week derogation. Once Scotland and Wales have also come into line, because Northern Ireland is impacted by EU legislation, that should mean that we are all on the same page, which would be very helpful for trade.
The noble Lord, Lord Blencathra, asked about the avian influenza aspect and the impact on birds. I am sure he is aware that the housing measures are brought in to reduce the risk that poultry and captive birds will come into contact with wild birds, because avian influenza is often passed on through wild bird populations. It is also not just about the bird itself but the wild bird faeces as well, which can also transmit the disease. Then, even when the birds are housed there is also a risk of infection, so this must be coupled with good biosecurity.
We do not want to see birds slaughtered so we are working with producers, the NFU and others on the importance of biosecurity. Good biosecurity—disinfecting clothing and equipment after use, repairing building defects such as holes in the roof, which unfortunately is often one way that wild birds can get in, and keeping good records, and so on and so forth—is one way that producers can reduce the impact. Obviously, we do not want to slaughter birds. I think we have a better understanding of avian influenza now than we did a few years ago; it is not going to go away.
It is also worth noting that, although the vaccination of poultry and captive birds against avian influenza is not currently permitted, and currently it is unlikely to provide full protection because of the kind of strains that we have at the moment, we are still looking at this issue. We are not there yet. We know that vaccination can help reduce mortality, but we are also concerned that despite that, they could still transmit the disease to other birds. So we are looking at that. There is more work happening on the longer-term view on tackling avian influenza but currently we are not there. Coming back to consumers and trading, we also know that some of our trading partners will not accept vaccination at present.
In conclusion, I thank noble Lords for their support of the need for this instrument. As I outlined in my opening speech, the introduction of the mandatory housing measure is to protect the welfare of our poultry. Removing the derogation will support industry by reducing those financial pressures and will get a level playing field with trading partners, including the European Union, as they also move in the same direction. We have to do our part to support our poultry industry. I think I have answered all the questions, but I will check Hansard just to make sure. I beg to move.