Draft Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024

Daniel Zeichner Excerpts

Wednesday 15th January 2025 General Committees

[The Minister for Food Security and Rural Affairs (Daniel Zeichner)]

I beg to move,

That the Committee has considered the draft Free-Range Egg Marketing Standards (Amendment) (England) Regulations 2024.

It is Wednesday morning, so we must be here again, Mrs Harris. It is a pleasure to serve with you in the Chair. The draft regulations were laid before the House on 21 November 2024, and will amend the existing legislation governing egg marketing standards to enable free-range eggs to be marketed as such for the duration of mandatory housing measures that restrict laying hens’ access to open-air runs.

Currently, when free-range hens are placed under mandatory housing measures due to disease outbreaks such as avian influenza, the existing egg marketing regulations allow their eggs to continue to be labelled as free-range for only 16 weeks. This is known as the 16-week derogation period. If the mandatory housing measure lasts for longer than 16 weeks, eggs from those hens have to be labelled and sold as barn eggs.

The requirement for egg producers and packers to re-label free-range eggs as barn eggs once the 16-week derogation period is exceeded is difficult to implement in modern automated pack houses, adding significant logistical and packing cost to the industry, so the statutory instrument will remove the 16-week derogation period so that free-range egg producers and packers can label and market the eggs as free-range for the duration of a mandatory housing measure, however long that might last.

Under mandatory housing measures, egg producers still have the higher operating costs of maintaining their free-range egg system, with the additional cost of having to ensure that hens are also temporarily housed indoors. The normal laying period of a productive free-range laying hen in the UK is around 90 weeks. The SI will remove the derogation that will affect only a small part of a laying hen’s productive life, with all the other free-range criteria, except access to open-air runs, still needing to be met.

In 2024, the Department for Environment, Food and Rural Affairs and the Scottish Government held a joint consultation on the proposed changes, and 70% of respondents supported the removal of the 16-week derogation. The removal of the derogation has already come into force in Scotland. Following their own consultation exercise, the Welsh Government have announced that they will also introduce legislation to remove the derogation.

In 2023, the European Union amended its egg marketing standards regulations to remove the 16-week derogation period. Through the Windsor framework, this also applies to free-range eggs produced in Northern Ireland. Without the SI, the introduction of any mandatory housing measures that last longer than 16 weeks—for example, during an avian influenza outbreak—would be detrimental for English free-range egg producers and result in an increase in the importing of free-range eggs from the EU and Northern Ireland. This could have a significant negative long-term impact on the English free-range egg industry. The SI will restore alignment with the EU and Northern Ireland, and will also ensure that free-range egg producers and packers do not incur additional costs for adhering to Government-imposed housing requirements.

Unfortunately, outbreaks of avian influenza usually occur during the winter months, as was the case in 2021-22 and 2022-23, resulting in the introduction of housing measures for poultry that, in both those cases, lasted longer than the 16-week labelling derogation period. They lasted for an additional six weeks in 2021-22 and seven weeks in 2022-23. It is, then, imperative that the SI is in place for the rest of the winter period and beyond.

We continue to uphold the high standards expected by UK consumers and businesses. The change in the statutory instrument will safeguard our important British egg industry. I commend the draft regulations to the Committee.

--- Later in debate ---

[Daniel Zeichner]

I am grateful to the hon. Gentleman for his support. We are very much carrying forward the work of the previous Government.

The hon. Gentleman asked about the additional measures to preserve biosecurity and raised the important issues in respect of bluetongue and of foot and mouth disease in Germany. I assure him that all the measures he would expect to be in place are in place. I spoke to the German Minister about foot and mouth last night, and we will update the hon. Gentleman and his colleagues if there are any further developments. We obviously hope that outbreak can be contained. On bluetongue, we held a roundtable yesterday on our approach for the future. I assure the hon. Gentleman that we are very aware of these threats. Anyone who holds the relevant offices is aware that they are of huge concern not just to the farming community but to the wider community.

The vaccination against avian influenza of poultry and captive birds, excluding those in licensed zoos, is not currently permitted, as I think the hon. Gentleman knows. Although authorised vaccines are available, they are unlikely to provide full protection for the strains of highly pathogenic avian influenza that are currently circulating in the UK and Europe. At present, while vaccination can help to reduce mortality, it is likely that some vaccinated birds would still be capable of transmitting avian influenza if they became infected. Vaccination is not, then, part of our current approach.

The hon. Gentleman asked about the situation in respect of Wales. As I said in my opening statement, the Welsh Government are pursuing similar lines on this matter.

With that, I hope we can move to a conclusion. I should add that I understand that there will be concerns that somehow consumers will not get quite what they what they seem to be getting. We are we mindful of that, so to reduce the risk of consumers feeling misled, we will encourage retailers to place signage near where eggs are displayed, to inform consumers of the imposition of mandatory housing measures and their impact on the marketing of free-range eggs—notably that, except for access to open-air runs, the rest of the free-range egg criteria continue to be met.

This statutory instrument is an important measure to support the British egg industry by making sure it has a level playing field with trading partners such as the European Union that have already adopted similar provisions. On that basis, I commend the draft regulations to the Committee.

[The Chair]

Egg-cellent! [Laughter.]

Question put and agreed to.