Why didn’t the free-range chicken cross the road? Because she was inside to avoid catching bird flu.
That was the story for many free-range chickens this spring and summer. Farmers tried to keep producing free-range eggs while also protecting chickens from a highly infectious bird flu.
Spread of the disease is largely blamed on the droppings of infected migrating wild birds. Between the flu and requirements to cull flocks with infections, roughly 28 million food-producing birds have died across the country. Farmers try to protect others by keeping them inside large barns, where they won’t encounter wild bird waste.
So, if the birds can’t range free, can they—and their eggs—still be labeled “free range”?
First, we have to ask, “What does ‘free-range’ mean exactly?” Chickens are categorized as free-range or pasture-raised primarily by the amount of time they spend outdoors and the space they are provided.
A free-range chicken typically must have at least 21.8 square feet of roaming space outdoors and remain out until temperatures drop below 30 degrees Fahrenheit. Pasture-raised chickens typically must have 108 square feet outdoors each and stay outside most of the year except during inclement weather.
The rules do allow temporary housing indoors once a farm documents a bird flu outbreak near an outdoor flock. Certification agencies ensure farms don’t use bird flu as an excuse to keep birds inside too long.
Many egg farmers are keeping chickens inside until the risk passes. Typically, the end of wild bird migration season lowers the number of bird flu cases. For U.S. consumers, it means premium-priced free-range eggs could come from a chicken being kept inside temporarily.
If a formerly free-range hen lives inside for several weeks or even months, should her eggs be sold as free-range?
This might be a “letter of the law vs. spirit of the law” problem. That’s the difference between obeying the exact words of the law and obeying the intent of the author. Jesus preaches about this in Matthew 20:17-48. The Pharisees obeyed the letter but not always the intent of God’s laws. (See 2 Corinthians 3:1-6 too.)
Producers say they think people who pay more for free-range eggs have animal-welfare concerns and don’t want the chickens to be endangered or kept in miserable conditions (a spirit of the law argument). On the other “wing,” shoppers are paying extra for eggs laid in conditions similar to those of conventional eggs by hens kept indoors at all times.
Maybe the United Kingdom’s solution is best. That country has ordered free-range hens inside to protect them. Free-range packaging must be marked with an added label of “barn eggs.” Each egg is stamped with a No. 2 for “barn” rather than No. 1 for “free-range.”
In the meantime, will truly free-range eggs become as scarce as hen’s teeth?
Why? Unusual circumstances can make compliance with laws and regulations difficult. Thinking through how best to handles these situations is an important skill.
