Consumers in New Zealand and Australia are being warned that eggs sold as free-range may not always come from hens currently able to roam outdoors, as poultry producers take precautions against bird flu.

Many egg suppliers that have the ability to do so have moved their hens indoors as a precaution against H5 bird flu.

In New Zealand, bird flu has been detected in a native bird in the Wairarapa. The Commerce Commission said it would take a similar approach to Australia regarding free-range egg labelling during the outbreak.

The New Zealand Fair Trading Act does not allow the Commerce Commission to give egg and poultry producers exemptions from free-range claims, even during an outbreak. However, the Commission can use its discretion when deciding whether to investigate or take enforcement action.

The Commission has issued guidance for egg and poultry meat producers on how it will exercise that discretion. It expects producers and retailers to consider measures such as public awareness campaigns, temporary packaging or stickers on free-range labels so consumers understand why hens may be kept indoors for health reasons.

In Australia, the Australian Competition and Consumer Commission (ACCC) has extended a pause on enforcement action over free-range egg labelling. This allows free-range producers to continue using existing cartons when hens have been moved indoors to protect them from H5 bird flu.

Normally, free-range eggs in Australia must meet requirements including access to outdoor areas and a stocking density of no more than 10,000 hens per hectare.

The ACCC says farmers must communicate with retailers and consumers when their birds are housed indoors. Retailers may use signs on shelves to explain that some hens may currently be kept inside because of the bird flu situation.

Australia is facing a wider bird flu outbreak in wild birds. The country has recorded its first mass mortality event involving native seabirds, with H5N1 confirmed in dead and sick greater crested terns in South Australia. Despite the spread among wild birds, the virus has not yet spread to Australia’s poultry industry.

Farmers have raised concerns about continuing to use free-range cartons while hens are kept indoors. Some producers have suggested using temporary stickers stating that birds are being kept inside because of government or disease-control measures.

The issue has also highlighted questions about what the term “free range” means for consumers. In New Zealand, the SPCA says free-range production means hens have access to an outdoor range, but access does not necessarily mean hens will regularly go outside. Factors such as weather, shelter, predators and the design of outdoor areas can influence whether hens use the range.

The SPCA recommends that consumers looking for additional assurance about animal welfare consider independent certification schemes such as SPCA Certified, AsureQuality or BioGro.

For now, authorities in both countries are focused on protecting poultry from bird flu while asking producers and retailers to make consumers aware when hens are temporarily being kept indoors.