Free Range – How much do we really know?

Free range produce has been a hot topic in the press for a number of years, and most consumers are keen to ensure that they are purchasing from a source which protects animal welfare. But how many of us really understand what free range produce is and, more importantly, if we are actually buying the real article?

The Law
Free range production is governed by EU legislation. In the case of free range eggs, the EU Egg Marketing Regulations stipulate that for eggs to be termed 'free range', hens must have continuous daytime access to open-air runs which are mainly covered with vegetation, and with a maximum stocking density of 2,500 birds per hectare. The EU Welfare of Laying Hens legislation provides more requirements in terms of hen house conditions, with very specific stipulations as to the measurements of ground surface and purchase. Similar legislation is in place for the treatment of broilers (meat chickens).

The Real Deal?
The law surrounding free range is there to ensure a quality product from an animal that has lead a healthy and humane life. Millions of consumers shop never doubting the authenticity of their purchases. But how confident can we be that we are getting what we are paying for?

Last year, Midlands' farmer Keith Owen was at the centre of a nationwide scam which conned even major supermarkets into buying over 100 million of his "free range" eggs - which were, in fact, battery farmed eggs. Even more shockingly, Owen also passed off huge amounts of industrial eggs as free range. These eggs do not meet quality standards and are only permitted to be used in some processed foods.

Whilst Owen has now been jailed for 3 years and forced to pay back the £3 million profit he made from the scam, this may come as little comfort to those who bought his "free range" eggs believing that they were genuine. This leads us to question what is being done to prevent fraud like this happening in the future.

Protecting Free Range for the Future
The monitoring of free range produce is ever increasing particularly since Owen's free range fraud. The FSA has a dedicated Food Fraud Advisory Unit, which holds a database of every product, supplier, ingredient and associated manufacturer to ensure everything is traceable. Scientific research is also employed to identify the composition or provenance of suspect food. By the dawn of 2012, Europe's ban on battery eggs will be in force, in part to reduce the chances of a further large scale scam.

Whilst these are all important developments in the safeguarding of free range produce, we are still some way from a perfect system. It is anticipated that many EU countries will flout the battery ban, mainly due to the financial cost to farmers of installing a welfare friendly system. For all the progress of both the FSA and science, these do nothing to tell a shopper if what they are about to buy is a fake.

Unfortunately, for now, it appears that we, as consumers, need to exercise as much vigilance, awareness and common sense as possible when purchasing free range goods and hope that advances, both legislative and scientific, will eliminate food fraud in the future.

For more information please contact tim.richards@michelmores.com or call 01392 688688.

Author: Tim Richards

Category: Sectors

Last updated: 2012-04-03 16:05:33

Disclaimer: This information has been prepared by Michelmores LLP as a general guide only and does not constitute legal advice on any specific matter and should not be relied upon as such. We recommend that you seek professional advice before taking action. No liability can be accepted by us for any action taken or not taken as a result of this information.

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