Page 4129 - Week 11 - Wednesday, 16 Sept 2009

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omit proposed new section 7 (2), (3) and (4), substitute

(2) For subsection (1)—

(a) the display must have a sign containing the following statement:

‘THESE ARE CAGE EGGS. Birds are continuously housed in cages within a shed.’; and

(b) the sign must be placed prominently so that it can be seen and read easily by a person at or near the display; and

(c) the statement on the sign must be printed in—

(i) a colour that contrasts with the background colour of the sign; and

(ii) Arial bold typeface in a size not less than 50 point.

(3) If the person displays cage system eggs and other hen eggs for retail display, the display of cage system eggs must—

(a) be separate from the display of the other eggs; and

(b) have a red marking on the edge of the shelf so that the marking can be seen easily by a person at or near the display of cage system eggs.

(4) For subsection (1), it does not matter whether the eggs were produced in, or imported into, the ACT.

(5) Subsection (3) (b) does not apply if the total length of shelf on which hen eggs of any kind are displayed for sale is less than 2m.

Example

A retailer displays cage eggs, barn eggs and free-range eggs for sale on shelves that are stacked above one another, each kind of eggs on a different shelf. The display of each kind of egg takes up 1m of shelf length. The total length of shelf on which eggs are displayed is 3m. Subsection (3) (b) applies to the retailer.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

7ABarn eggs—retail display

(1) A person who displays barn eggs for retail sale commits an offence if the display is not in accordance with subsections (2) and (3).

Maximum penalty: 50 penalty units.

(2) For subsection (1)—

(a) the display must have a sign containing the following statement:

‘THESE ARE BARN EGGS. Birds in barn systems are free to roam within a shed which may have more than 1 level. The floor may be based on litter and/or other material such as slats or wire mesh.’; and


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