FINAL DRAFT (2nd WTO Notification)
DEPARTMENT OF AGRICULTURE, FORESTRY AND FISHERIES
No. R.
AGRICULTURAL PRODUCT STANDARDS ACT, 1990
(ACT No. 119 OF 1990)
REGULATIONS REGARDING CONTROL OVER THE SALE OF FREE RANGE EGGS AND
POULTRY MEAT AND BARN EGGS IN THE REPUBLIC OF SOUTH AFRICA
The Minister of Agriculture has under section 15 of the Agricultural Product Standards Act, 1990 (Act
No. 119 of 1990) -(a)
made the regulations in the Schedule; and
(b)
determined that the said regulations shall come into operation 12 months after date of
publication thereof.
SCHEDULE
Definitions
1.
In these regulations any word or expression to which a meaning has been assigned in the Act
shall have that meaning, and -"barn" means a product which has been produced and handled in compliance with the requirements
of these regulations applicable to free range, and addresses the same criteria as for free
range for the confinement of livestock, except for the requirements for the external
environment and external range which are not applicable;
"bird" means an animal complying to the definition of "poultry";
“cage production systems” means a system where birds are permanently confined to a cage;
"eggs" means the eggs of the species Gallus domesticus (domesticated fowls), Meleagrus gallapavo
(turkeys) and Anas (ducks and muscovies), intended and suitable for human consumption;
"Executive Officer" means the officer designated under section 2(1) of the Act;
"free range" means a product which has been produced and handled in compliance with the
requirements of these regulations which are designed to address the following criteria for the
confinement of livestock—
(a) freedom from hunger and thirst;
(b) freedom from abnormal discomfort;
(c) freedom from abnormal pain, injury or disease;
(d) freedom to express natural behaviour;
(e) freedom from fear and distress; and
(f) freedom of access to an outdoor range area;
"labelling/labelled" means any written, printed or graphic representation, particulars, information,
trade mark, brand name, pictorial matter and symbol that is present on the label, container,
packaging, document, notice board or collar of a product, accompanies the product or is
displayed near the product, for the purpose of describing or promoting the sale or disposal of
the product;
“layers” means birds that produce eggs for human consumption;
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"operation" means a farm, production unit or project involved in the production of free range and/or
barn products, and includes maintaining the integrity and identity of the products during
processing, storage and packing as well as correct marking and labelling;
"poultry" means the species Gallus domesticus (domesticated fowls), Meleagrus gallapavo (turkeys)
and Anas (ducks and muscovies);
"poultry meat" means the slaughtered carcasses of poultry intended and suitable for human
consumption;
"product/products" in the case of free range, means eggs (both in and out of shell) and poultry for
meat, and in the case of barn, means eggs (both in and out of shell); and
"the Act" means the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990).
Scope of these regulations
2.
(1)
These regulations apply to products which carry, or are intended to carry, descriptive
labelling referring to "free range" and “barn”.
(2)
These regulations are in addition to and not in substitution of any other relevant
legislation applicable to the products concerned.
Restriction on the sale of free range and barn products
3.
(1)
No person shall sell free range and barn products in the Republic of South Africa -(a)
unless such products comply with the general management practices referred
to in regulation 4;
(b)
unless such products were produced under the feeding requirements referred
to in regulation 5;
(c)
(i)
unless, for free range products the environmental requirements
referred to in regulations 6(1) and (2) are complied with; and
(ii)
unless, for barn products the environmental requirements referred to
in regulation 6(1) are complied with;
(d)
unless such products were produced under the health requirements referred
to in regulation 7;
(e)
unless record keeping as referred to in regulation 8, is complied with;
(f)
unless such products comply with the processing and handling practises
referred to in regulation 9; and
(g)
unless such products are labelled and marked in the manner referred to in
regulation 10.
(2)
Breeding stock and products from operations with less than 350 birds need only to
comply with the requirements of regulation 4(2).
(3)
The executive officer may exempt a person in writing, entirely or partially and on such
conditions as he or she deems necessary, from the provisions of subregulation (1) and (2).
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General management practices for free range and barn
4.
(1)
livestock.
Managers and bird/poultry keepers must be trained and competent to handle poultry
(2)
Free range egg or broiler and barn egg birds/poultry may not be confined in cage
production systems, and includes pullets in rearing destined for free range or barn laying operations.
(3)
Layers must be introduced to the free range and barn laying operation at no later than
140 days of age and broilers to the free range operation no later than 21 days of age.
(4)
Free range birds/poultry –
(i)
must have access to an external range for a minimum of 6 hours per day,
during natural daylight hours: Provided that access may be restricted for disease
control and during extreme weather conditions for a duration of two days and that the
period may be extended to a maximum of five days if the weather conditions can be
substantiated by appropriate data: Provided further that pullets destined for free
range need not have access to external range until the requirements of subregulation
(3) are reached;
(ii)
access to the external range should be provided by means of doors, gates or
popholes: Provided that when popholes are used, these popholes should be provided
at the rate of at least 200 cm width per 1000 birds and be of a minimum size of 40 cm
wide and 35 cm high; and
(iii)
the Executive Officer may set a derogation from subregulation 4(i)
consequent to an outbreak of a highly pathogenic disease such as avian influenza.
(5)
Moulting shall not be artificially induced in any free range and barn flocks.
Feeding requirements for free range and barn
5.
(1)
(2)
Food
(a)
Access to food, providing an appropriate diet must be freely available, unless
specifically prescribed to the contrary by an attending veterinary surgeon.
(b)
Either mechanical or manual feed distribution systems are acceptable.
(c)
When using chain, trough or box feeders, which can be accessed from both
sides, in the case of birds up to the age of six weeks, at least 2,5 cm of feeder
length per bird housed is required, whilst for older birds a minimum of 5 cm of
feeder length per bird is required; and when only one side is accessible, then
at least 5 cm of feeder space must be provided for each bird up to the age of
six weeks and a minimum of 10 cm per bird for older birds.
(d)
When pan or tube feeders are used, at least 2 cm of feeder space per bird up
to six weeks of age is required, whilst in the case of older birds a minimum of
4 cm of feeder space per bird is required.
Water
(a)
Sufficient water must be available at all times, unless otherwise prescribed by
an attending veterinary surgeon.
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(b)
Water must be clean and fresh and dispensed in a manner which minimises
water spillage.
(c)
For continuous trough space drinkers a minimum of 2,5 cm drinking space per
bird and for circular or bell-type drinkers at least 1 cm of drinking space per
bird must be provided.
(d)
Where nipples or cups are used, in the case of birds up to six week of age a
maximum of 15 birds may be serviced per single nipple or cup, whilst for older
birds a maximum of 10 birds per single nipple or cup is permissible.
(e)
In pens containing less than 100 birds, access to at least two drinking points
must be provided.
(f)
When conditions so dictate, adequate provision must be made for the
continuous supply of water in sub-zero temperatures.
Environmental requirements for free range and barn
6.
(1)
Internal ("The Poultry House") – for free range and barn
(a)
The poultry house must be so constructed that it provides for the welfare
needs of the birds, whilst simultaneously providing protection from inclement
weather conditions and both physical and thermal discomfort.
(b)
Flooring used must allow for effective cleaning: Provided that concrete floors
are preferred.
(c)
However birds are housed adequate mechanical or natural ventilation to meet
the needs of the birds is required.
(d)
When slats are used litter may be reduced to a minimum of 33% of the floor
area of the house: Provided that such litter is of sufficient quality and quantity
to allow for the proper dilution of droppings and to allow birds to dust bathe.
(e)
Stocking densities must be adequate to accommodate the birds' normal
behaviour and -(i)
a maximum stocking density of nine free range and barn hens per
square metre of available space is permitted for layers: Provided that
such available space shall exclude the area occupied by the egg
collection/service area and in addition, shall exclude the area
occupied by the enclosed portion of nest boxes where effective
access to the area directly below is prevented: Provided further that
where systems are used where birds can move freely between
different levels-aa.
there shall be no more than four levels;
bb.
the headroom between the levels must be at least 45 cm;
cc.
the drinking and feeding facilities must be distributed in such
a way as to provide equal access for all birds; and
dd.
the levels must be so arranged as to prevent droppings falling
on the levels below; and
(ii)
for free range broiler and pullet rearing flocks a maximum stocking
density of 32 kg birds per square metre of available space is
permitted.
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(2)
(f)
In houses with appropriate perching (roosting) facilities, stocking densities for
layers may be increased to a maximum of ten birds per square metre of
available space: Provided that such perches must be provided at not less
than 15 cm per free range and barn hen and the horizontal distance between
perches must be at least 30 cm and between the perch and the wall must be
at least 20 cm: Provided further that the perches can include the alighting rail
immediately in front of nest boxes, where applicable (a gap of no less than 1,5
cm on either side of the alighting rail must be available in order to allow hens
to grip the rail without injury to their claws).
(g)
Adequate nesting facilities must be provided (egg production only) in order to
discourage free range and barn hens from laying eggs on the floor: Provided
that when individual nest boxes are provided, this should not be less than one
nest per eight hens and when communal nests are provided, this should not
be less than one square metre nest floor per 120 adult free range or barn
hens.
(h)
A lighting system for the provision of a minimum period of nine hours
continuous light in each period of 24 hours must be provided: Provided that
such light may either be artificial or via access to daylight and a minimum light
intensity of ten lux at bird level throughout the house during this time must be
maintained.
(i)
A minimum period of six hours continuous natural darkness per 24 hour cycle
must be provided in order to accommodate the birds' requirement for
adequate rest, unless specifically prescribed to the contrary by an attending
veterinary surgeon.
(j)
The building to which the birds have access must be designed, constructed
and maintained to prevent injury or undue distress to the birds.
External ("The Range") – for free range only
(a)
The external range must provide a minimum of double the available space of
the poultry house or at least two square metres for every nine birds housed:
Provided that the area is within 150 m of the nearest pophole and within 250
m of every pophole.
(b)
The range must be maintained in a manner, which allows for a minimum of
50% of the range to be covered by living vegetation at all times: Provided that
certain climatic conditions and locations may cause this vegetation not always
to be green, but that this should be the objective: Provided further that the
practice of rotation grazing is a desirable management tool.
(c)
External shade in the summer by way of either trees or artificial structures
must be provided at the rate of at least four square metres shade per 1 000
birds.
(d)
Housing shall be adequate to provide protection from predators (such as wild
animals and birds and domestic cats and dogs) and reduce stress from
sightings of predators.
(e)
The range must be well drained to prevent the forming of excessive mud or
stagnant water pools.
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Health requirements for free range and barn
7.
(1)
Birds used in free range and barn production must be adequately vaccinated as
prescribed by an attending veterinary surgeon.
(2)
The environment provided must be conducive to flock health and provide necessary
protection from pain, injury and disease.
(3)
Ailing birds and birds suffering from external wounds and fractures must be removed
from the flock as soon as possible and either appropriately treated or disposed of in a humane
manner.
(4)
Pests and rodents shall be controlled using appropriate methods.
Record keeping requirements for free range and barn
8.
(1)
For verification purposes, a notice must be displayed at the entrance of each poultry
house depicting the following information:
(a)
Total available litter and slat area.
(b)
Available perching space.
(c)
Available drinking space.
(d)
Available feeder space.
(e)
Total nest or nest area available (egg production only).
(f)
Area of external range (free range only).
(g)
Maximum bird stocking capacity.
(2)
Appropriate records of all sales of all free range and barn products to be retained for a
minimum period of 18 months to allow for audited correlation of production versus sales as required
from time to time.
Processing, handling, packaging, storage, distribution and retailing practices for free range
and barn
9.
(1)
Free range and barn products shall be separately identifiable during processing,
handling, packaging, storage, distribution and retailing.
Labelling and marking requirements for free range and barn
10.
(1)
Free range and barn products may be marked either as "free range" or “barn” if
complying to the requirements of regulation 3.
(2)
Products complying to these regulations which are not in final packaging may be
transported to other premises only in appropriate packaging or containers which are adequately
labelled and identified.
(3)
No wording, mark, illustration, depiction or any other method of expression that
constitutes a misrepresentation or directly or by implication creates or may create a misleading
impression regarding the quality, nature, origin or composition of free range and barn products shall be
marked on a container of such products.
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Offences and penalties
11.
Any person who contravenes or fails to comply with the provisions of these regulations shall
be guilty of an offence and upon conviction be liable to a fine or imprisonment in accordance with
section 11 of the Act.