Scottish Ministers have approved regulations removing the 12‑week cap on how long poultrymeat can continue to be marketed as “free‑range” during mandatory housing measures imposed for public or animal health. The policy follows a joint consultation with Defra earlier in 2025 and aligns Scotland with changes advanced for England.
The instrument amends Annex 5 point (e) of Commission Regulation (EC) No 543/2008 on poultrymeat marketing standards. In the second subparagraph it inserts the word “temporarily” before “restricting” and deletes the phrase “but under no circumstances for more than 12 weeks”, allowing free‑range labelling to continue for the full duration of any health‑based housing order. The underlying Annex sets the technical criteria for “free range - total freedom”.
The change addresses a recurrent practical problem from recent avian influenza seasons, when statutory housing measures commonly outlasted the previous 12‑week derogation. Ministerial statements to Parliament recorded that housing orders exceeded the limit by around 10 weeks in 2021–22, 11 weeks in 2022–23 and eight weeks in 2024–25, forcing re‑labelling to “indoor reared” despite producers maintaining higher‑cost free‑range systems.
Scope is confined to poultrymeat. Separate Scottish regulations made in November 2024 already removed the 16‑week limit for free‑range egg labelling, meaning today’s amendment completes parity between meat and eggs on disease‑control labelling flexibilities. Producers should note that egg marketing standards remain set under different EU‑derived instruments.
Operationally, the amendment means producers and processors can keep using the “free‑range” indication for turkeys, ducks and geese-which have longer production cycles-throughout any mandatory housing period, rather than switching mid‑season. UK ministers have noted that broiler chickens are usually slaughtered before 12 weeks, so the commercial effect concentrates on higher‑value seasonal birds.
The baseline technical rules for “free range - total freedom” remain unchanged: birds must meet traditional free‑range criteria and ordinarily have continuous daytime access to open‑air runs of unlimited area. The amendment only affects periods when access is temporarily restricted by veterinary measures made under assimilated direct law.
Government guidance indicates enforcement will continue to focus on compliance with marketing standards and accurate use of optional indications, with inspectors expected to act pragmatically where access to ranges is restricted by law. Retailers are encouraged to display point‑of‑sale notices when housing measures are in force to inform consumers.
Policy alignment across the UK has been a stated aim. England has taken forward an equivalent statutory instrument, and ministers have referenced complementary moves in the EU, which would also affect Northern Ireland via the Windsor Framework. The intention is to maintain a level commercial playing field while managing disease risk.
For Scottish producers, the immediate planning point is documentation. Maintain clear records of the dates and legal basis of any housing order, as well as flock management logs, to substantiate continued use of free‑range claims during restrictions. The consultation response confirms authorities will publicise any housing measures and expect the supply chain to keep consumers informed.