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Australian Capital Territory
Eggs (Labelling and Sale) Act 2001
A2001-83
Republication No 5
Effective: 26 August 2019
Republication date: 26 August 2019
Last amendment made by A2019-2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Eggs (Labelling and Sale) Act 2001 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
26 August 2019. It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 26 August 2019.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Eggs (Labelling and Sale) Act 2001
Contents
Page
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 What are the egg labelling requirements? 2
6 Labelling of packaged eggs for sale 3
7 Cage eggs—retail display 3
7A Barn eggs—retail display 4
7B Free-range eggs—retail display 5
8 Regulation-making power 6
Dictionary 7
Endnotes
1 About the endnotes 9
Contents
Page
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2 Abbreviation key 9
3 Legislation history 10
4 Amendment history 11
5 Earlier republications 12
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Eggs (Labelling and Sale) Act 2001
An Act about the labelling and sale of hen eggs, and for other purposes
Section 1
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1 Name of Act
This Act is the Eggs (Labelling and Sale) Act 2001.
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?
(1) For this Act, a reference to the egg labelling requirements means
conspicuously displaying on the packaging for the eggs—
(a) a statement that the eggs are—
(i) free-range eggs; or
(ii) barn eggs; or
(iii) cage eggs; or
(iv) aviary eggs; and
(b) if the eggs are free-range eggs—the stocking density for the hens
that laid the eggs.
Section 6
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(2) A labelling requirement under subsection (1) is conspicuously
displayed if the requirement is in standard type of at least 6mm high.
6 Labelling of packaged eggs for sale
A person commits an offence if the person—
(a) sells packaged hen eggs; and
(b) the eggs are not labelled in accordance with the egg labelling
requirements.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
7 Cage eggs—retail display
(1) 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.
(2) For subsection (1)—
(a) the display must have a sign containing the following statement:
‘THESE ARE CAGE EGGS. Birds are continuously
housed in cages within a shed.’; and
(b) the sign must be placed prominently so that it can be seen and
read easily by a person at or near the display; and
(c) the statement on the sign must be printed in—
(i) a colour that contrasts with the background colour of the
sign; and
(ii) Arial bold typeface in a size not less than 50 point.
(3) If the person displays cage system eggs and other hen eggs for retail
display, the display of cage system eggs must—
(a) be separate from the display of the other eggs; and
Section 7A
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(b) 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.
(4) For subsection (1), it does not matter whether the eggs were produced
in, or imported into, the ACT.
(5) 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.
7A Barn eggs—retail display
(1) 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.
(2) For subsection (1)—
(a) 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
(b) the sign must be placed prominently so that it can be seen and
read easily by a person at or near the display; and
(c) the statement on the sign must be printed in—
(i) a colour that contrasts with the background colour of the
sign; and
(ii) Arial bold typeface in a size not less than 50 point.
Section 7B
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(3) 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.
(4) For subsection (1), it does not matter whether the eggs were produced
in, or imported into, the ACT.
7B Free-range eggs—retail display
(1) 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.
(2) For subsection (1)—
(a) 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
(b) the sign must be placed prominently so that it can be seen and
read easily by a person at or near the display; and
(c) the statement on the sign must be printed in—
(i) a colour that contrasts with the background colour of the
sign; and
(ii) Arial bold typeface in a size not less than 50 point.
(3) 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.
Section 8
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(4) For subsection (1), it does not matter whether the eggs were produced
in, or imported into, the ACT.
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.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
• Executive
• may (see s 146)
• must (see s 146)
• person (see s 60)
• Territory law.
aviary eggs means eggs laid by hens kept in conditions stated in the
regulation.
barn eggs means eggs laid by hens kept in conditions stated in the
regulation.
cage eggs means eggs laid by hens kept in conditions stated in the
regulation.
egg labelling requirements—see section 5 (What are the egg
labelling requirements?).
free-range eggs means eggs laid by hens kept in conditions stated in
the regulation.
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
Dictionary
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(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.
stocking density, for hens, means the maximum number of hens per
hectare that have access to an outdoor range on any day during the
laying cycle.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Eggs (Labelling and Sale) Act 2001 A2001-83
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
s 9 commenced 12 September 2001 (s 2 (1))
remainder commenced 10 March 2002 (s 2 (2) and LA s 79)
as amended by
Statute Law Amendment Act 2002 A2002-30 pt 3.20
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.20 commenced 17 September 2002
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.11
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.11 commenced 27 December 2007 (s 2)
Eggs (Cage Systems) Legislation Amendment Act 2009 A2009-31
notified LR 24 September 2009
s 1, s 2 commenced 24 September 2009 (LA s 75 (1))
remainder commenced 1 January 2010 (s 2)
Consumer Protection Legislation Amendment Act 2019 A2019-2 pt 2
notified LR 26 February 2019
s 1, s 2 commenced 26 February 2019 (LA s 75 (1))
s 7 commenced 26 August 2019 (s 2 (1))
pt 2 remainder commenced 26 August 2019 (s 2 (2) and LA s 79)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Dictionary
s 3 am A2019-2 s 5
What are the egg labelling requirements?
s 5 sub A2019-2 s 6
Labelling of packaged eggs for sale
s 6 sub A2019-2 s 6
Cage eggs—retail display
s 7 sub A2009-31 s 4
Barn eggs—retail display
s 7A ins A2009-31 s 4
Free-range eggs—retail display
s 7B ins A2009-31 s 4
am A2019-2 s 7
Animal Welfare (Amendment) Act 1997, section 2
s 9 om LA s 89 (3)
Conditions under which hens are kept
sch 1 am A2009-31 s 5
om A2019-2 s 8
Dictionary
dict am A2002-30 amdt 3.242; A2007-39 amdt 3.34
def aviary eggs ins A2019-2 s 9
def barn egg ins A2009-31 s 6
om A2019-2 s 10
def barn eggs ins A2019-2 s 11
def cage egg ins A2009-31 s 6
om A2019-2 s 12
def cage eggs ins A2019-2 s 13
def code om A2019-2 s 14
def egg labelling requirements sub A2019-2 s 15
def free-range egg ins A2009-31 s 6
om A2019-2 s 16
def free-range eggs ins A2019-2 s 17
def stocking density ins A2019-2 s 18