Bid to end 12 week shut-in rule

A bid to change the AI twelve week shut-in rule for free range flocks appears to have failed, at least for now.

The EU regulation states that if birds have to be ordered indoors because of an avian influenza threat then they will retain their free range status for just 12 weeks. After that eggs can only be marketed as barn.

Representatives from the European egg industry (EUWUP) have attempted to persuade the Commission that the rule should be changed to allow an indefinite shut-in period even if that meant flocks had to have access to verandas—known as wintergardens in Europe.

At a meeting in Brussels they said that the industry was "deeply unhappy" at the current position and stressed that the "flourishing free range sector must not be compromised in the event of an AI problem".

They stressed that the 12 week period is arbitrary and not based on science and pointed to the "strange" ruling that organic birds are not subject to the 12 week limit and predicted that consumers would not object to a change in the ruling.

A report of the meeting says: "We firmly believe that consumers would be unlikely to be concerned about the length of period that birds were required to be housed under veterinary restriction if it meant that any risk to them and to the wider population from AI was minimised."

The report also reveals industry concerns that the growth in the free range sector is being stifled because of producer fears about losing status and because the banks are becoming "increasingly concerned by this additional risk".

But Commission officials have made it clear that they are against any change to the rule. They said it was introduced to allow producers time to adjust to describing their eggs as barn and that they fear a possible legal challenge from barn producers if shut-in free range units were allowed to sell their eggs at a higher price for an indefinite period.

They argued that organic producers are not subject to the shut-in deadline because they are required to comply with rules other than simply providing access to range, such as feed and veterinary specifications. By contrast the only difference between free range and barn is outdoor access.

The industry is now suggesting that a survey of consumer views is carried out before any final decision is taken. It also wants the issue kept under close review.