Producers face ‘brick wall’ over AI legislation

Published on : 12 Oct 2022

South-Western producers, Orchard Organic Farm, say they faced ‘bizarre and bewildering’ marketing legislation after temporarily housing their flock due to a local Avian Influenza outbreak.

Orchard Organic Farm is a family run setup based on the South Devon coast close to Newton Abbot where they keep a small flock of 6,000 layers as well as around 2,400 pullets and chicks.

Recent high numbers of AI cases across Devon, Somerset and Cornwall led Defra to declare an Avian Influenza Prevention Zone (AIPZ) across the region on 31st August which requires producers to implement enhanced biosecurity measures to help protect their flocks.
A number of these cases occurred in close proximity to Orchard Organic, 3 just over 10km from their site, as well as Paignton Zoo just under 10km.  This news, along with large numbers of dead sea birds washing up on the beach just metres from the farm, persuaded Orchard Organic to temporarily house their birds on 9th September.
 
Out of courtesy they informed both Defra and the Soil Association of the decision they had taken, only to be told that they were in breach of egg marketing and organic marketing legislation and that they could no longer sell their eggs as organic.
 
Orchard Organic believed they were taking the only sensible option available in order to protect both their hens and their business.  They said: “This is utterly ridiculous and non-customer considerate.  For the last 4 winters we have enforced housing orders of 16 weeks or more with very few avian flu cases in the country and none in our locality.  Housing our hens is absolutely our last resort and not something we would choose to do lightly.  We have always made significant efforts to maintain a high standard of welfare and housing the birds costs us money in increased feed cost and decreased production levels”.
 
They also pointed out their concerns over the dead sea birds close to their site: “We have cases within hundreds of metres of our farm and with the weather having broken and seabirds being driven inland the situation is all the more concerning.  If our hens were within 3km of a confirmed outbreak then we would be enforced to house them.  Not classifying the dead sea birds as an outbreak and not applying the same rules makes the Defra stance totally contradictory and bureaucratic.  If we had chosen to house our birds due to ‘severe weather’ this would have been deemed acceptable”. 
 
They continued: “If we can save our hens from contracting avian flu it will save, no doubt stretched, Defra resources from having another case to deal with as well as the added costs of compensation and cull”.
 
Defra would not comment specifically on Orchard Organic’s case but noted that: “There are no mandatory government housing measures in place, therefore poultry keepers are not obliged to keep their birds inside. Exemptions therefore no longer apply and decisions on housing birds are a commercial decision for poultry keepers.  If birds are voluntarily housed, eggs must be marketed as barn eggs with all references to ‘organic’ or ‘free-range’ removed from the packaging and labels. It is illegal to incorrectly label eggs as ‘organic’.  The risk of incursion of highly pathogenic avian influenza (HPAI) in wild birds in Great Britain is currently assessed as medium.  The risk of poultry exposure to HPAI is currently assessed at low (event is rare but does occur)”.
 
A spokesperson for the Soil Association explained that, while the regulations are binding, the organisation has raised the issue with Defra. The Saunders’ have our every sympathy and support. We fully recognise that Mr Saunders is in a very difficult situation. We are doing everything we can to support him and other farmersin the same position”
 
They continued: “It is our duty to provide the best consultancy and advice that we can on Defra regulations.  As a certifier, we are obliged to observe them.  Avian flu is at a high point, and we have made a representation to Defra, which says that it is giving the matter its urgent attention”.