The Scottish Government has made the Free-Range Poultrymeat Marketing Standards (Amendment) (Scotland) Regulations 2025 (SSI 2025/338), removing the previous 12‑week limit on how long poultry meat may continue to be sold as “free‑range” when daytime access to open‑air runs is restricted by disease control measures. The instrument was made on 6 November and came into force on 7 November 2025, according to legislation.gov.uk.
The change amends Annex 5, point (e), of Commission Regulation (EC) No 543/2008 as it applies in Scotland. It removes the wording that previously capped the period at “no more than 12 weeks” and allows continued free‑range marketing for the full duration of any restriction imposed to protect public or animal health, reflecting the policy aim set out by government.
This amendment follows a joint Defra–Scottish Government consultation held from 21 October to 16 December 2024 and the published response on 2 April 2025. Officials confirmed they would remove the derogation and aimed to lay secondary legislation ahead of winter 2025–26, citing extended avian influenza housing orders in recent years as the operational driver.
Parliament scrutinised the draft under the affirmative procedure. On 24 September 2025 the Scottish Parliament’s Rural Affairs and Islands Committee took evidence from ministers and recommended approval of the Regulations before they were formally made in November.
All underlying free‑range production requirements remain in place. Outside of housing measures, birds marketed as “free‑range - total freedom” must otherwise meet the criteria in Annex 5, including continuous daytime access to open‑air runs of unlimited area; the amendment solely removes the former 12‑week marketing limit during restrictions.
For producers and processors, the practical effect is that relabelling to “indoors” or equivalent after 12 weeks of a mandatory housing order is no longer required in Scotland, provided the flock meets all other free‑range conditions. Government expects this to cut relabelling costs and reduce supply disruption during extended avian influenza controls; businesses should keep clear records of the start and end of any housing measure to substantiate claims.
Ministers have indicated that the change chiefly affects longer‑cycle free‑range birds such as turkeys, ducks and geese, as broiler chickens are typically slaughtered before 12 weeks. The policy intent is to avoid devaluing higher‑value free‑range products solely due to the length of disease control periods.
England has made parallel amendments to its poultry meat marketing rules, removing the same 12‑week limit for products marketed in England, and the UK Government signalled alignment with Scotland in its consultation outcome and statements. Supply chains operating across Great Britain should therefore experience a more consistent approach during housing orders.
Exports require separate consideration. The EU marketing standard in Annex 5 of Regulation 543/2008 still contains a 12‑week limit, so Scottish producers exporting poultry meat into the EU should confirm destination‑market labelling requirements with importers to avoid mislabelling risk.