Australian Capital Territory
Eggs (Labelling and Sale) Act 2001
No 83 of 2001
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Dictionary	2
	4	Notes	2
	5	What are the egg labelling requirements	3
	6	Labelling of egg packages	3
	7	Hens kept contrary to law—sale of eggs	3
	8	Regulation-making power	3
	9	Animal Welfare (Amendment) Act 1997, section 2	4
Schedule 1	Conditions under which hens are kept	5
Dictionary		7

Australian Capital Territory
Eggs (Labelling and Sale) Act 2001
No 83 of 2001

An Act about the labelling and sale of hen eggs, and for other purposes

    
    
[Notified in ACT Gazette No. S66: 10 September 2001]
The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Eggs (Labelling and Sale) Act 2001.
2	Commencement
	(1)	Section 9 commences immediately after the commencement of the Legislation (Consequential Amendments) Act 2001, schedule 1, part 19.
	(2)	The remaining provisions commence immediately after the commencement of the Food Act 2001, section 4 (Dictionary).
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).
3	Dictionary
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)).
4	Notes
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.
5	What are the egg labelling requirements
For this Act, a reference to the egg labelling requirements, for hen eggs, means—
	(a)	the packaging for the eggs displays the relevant expression in schedule 1 indicating the conditions under which the hens that produced the eggs are kept; and
	(b)	the relevant expression is preceded or followed by the word ‘egg’ or ‘eggs’; and
	(c)	the relevant expression is conspicuously displayed on the packaging in standard type of at least 6mm high.
6	Labelling of egg packages
A person must not sell hen eggs unless the eggs are packaged in accordance with the egg labelling requirements.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
7	Hens kept contrary to law—sale of eggs
	(1)	A person must not sell eggs produced by a hen kept in a way that is an offence against a Territory law or that would be an offence against a Territory law if the hen were kept in the Territory.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
	(2)	This section does not apply to the sale of a product in which hen eggs are an ingredient.
8	Regulation-making power
The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
9	Animal Welfare (Amendment) Act 1997, section 2
omit
Food Act 1992, section 24A (1)
substitute
Eggs (Labelling and Sale) Act 2001, section 7 (1)

Schedule 1	Conditions under which hens are kept
(see s 5)
column 1
item	column 2
relevant expressions	column 3
conditions under which the hens that
produced the eggs are kept	
1	battery cage 	Hens are kept in cages—
(a) 	without access to litter, perch or nest; and
(b) 	in accordance with the stocking level and other requirements for cage systems under the code.	
2	
barn 	Hens are kept—
(a) 	with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and
(b) 	with adequate perching facilities and nests available to birds within the shed to accommodate the needs of all hens; and
(c) 	with half the housing kept under litter; and
(d) 	in accordance with the stocking level and other requirements for deep litter systems on a single level under the code.	
3	aviary	Hens are kept in a shed—
(a) 	with the freedom and capacity to socialise, to move freely within the shed, to stretch, perch, nest, dust bathe, flap wings and fly; and
(b) 	with adequate perching facilities and nests available to birds on a number of levels within the shed to accommodate the needs of all hens; and
(c) 	with half the housing kept under litter; and
(d)	in accordance with the stocking level and other requirements for deep litter systems under the code with the allowance of a number of additional levels of nesting and perching space.	
4	free range	Hens are kept—
(a) 	with continuous daytime access to outdoor runs; and
(b) 	with access at all times to indoor litter, perches and nests; and
(c) 	with adequate protection at all times from predators and the elements; and
(d) 	in accordance with the stocking level and other requirements for range systems under the code.	

Dictionary
(see s 3)
code means the Model Code of Practice for the Welfare of Animals: Domestic Poultry, made by the Animal Welfare Committee of the Standing Committee on Agriculture and Resource Management, as in force from time to time.
egg labelling requirements—see section 5 (What are the egg labelling requirements).
hen means a domestic fowl (Gallus gallus). 
packaging, for hen eggs, includes any container or wrapper in or by which eggs are completely or partly enclosed, contained or packed.
sell, for hen eggs, includes—
	(a)	barter, offer or attempt to sell; or
	(b)	receive for sale; or
	(c)	have in possession for sale; or
	(d)	display for sale; or
	(e)	cause or permit to be sold or offered for sale; or
	(f)	send, forward or deliver for sale; or
	(g)	dispose of by any method for valuable consideration; or
	(h)	dispose of to an agent for sale on consignment; or
	(i)	sell for the purpose of resale.

Endnote
Penalty units
	The Legislation Act 2001, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 22 August 2001]

© Australian Capital Territory 2001