Poultry that never steps outside being sold as ‘free range’

A change in the rules means that some ‘free range’ birds being fattened for Christmas can spend their lives cooped up insideMaeve Cullinan Global Health Security Reporter. Paul Nuki Global Health Security Editor

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08 November 2025 6:00am GMTGift this article free

A bronze turkey stag at a poultry farm in Owermoigne near Dorchester, southern England
It is hoped the new rules will help to protect farmers’ livelihoods – but critics say it is misleading Credit: GLYN KIRK/AFP via Getty Images

Chickens and turkeys are being sold as “free range” even though the birds have never been outside, under a change in the law.

The practice, which consumer advocates describe as “misleading” and “dishonest”, has been enabled by a little publicised change to the food regulations following a series of bird flu outbreaks.

It means that virtually all the “free-range” turkeys, geese, ducks and chickens being fattened for Christmas will have spent at least half of their short lives inside.

Eggs from hens kept in similar conditions are also being marketed as “free-range”.

The “free range” label – regulated by the Department for Environment, Food and Rural Affairs (Defra) since 2007 – is supposed to guarantee minimum welfare standards.

Free range birds would normally have “continuous daytime access to open-air runs” for “at least half of their lifetime” and generous space in which to move.

Now, however, if Defra declares a poultry lockdown, they can be kept inside for the duration of their lives, with so-called “free range” chickens and turkeys cooped at 13 and 10 birds per square meter respectively.

The change has been caused by successive outbreaks of avian influenza and Defra having to order birds inside to slow the spread of the disease.

A sign is displayed by the side of the road indicating an 'Animal Disease Control Zone' on October 31, 2025 in Lakenheath, England.
A sign displayed in Lakenheath, England, shortly after confirmation of new H5N1 cases Credit: Dan Kitwood/Getty Images

While initially “free range” birds kept inside had to be rebranded “barn reared” after 12 weeks, Defra quietly changed the law in September to allow farmers to keep the free range label no matter how long their animals were locked down.

On November 6, a nationwide lockdown was introduced by Defra for poultry farms in England and Wales – meaning that most animals being reared for Christmas will have spent much of their lives inside.

Professor Chris Van Tulleken, the British doctor whose best selling book Ultra Processed People has brought a new focus to food marketing, called for “clear, honest, and utterly transparent labelling”.

“As an infection scientist these measures are important for controlling pandemic risk, but as a consumer I would assume that a free-range chicken has had a free-range life with access to the outside and might feel misled,” he told the Telegraph.

“It’s vital that we know at a glance how all our food is produced, but especially our meat which has such significant impacts on human and planetary health. It is consumer pressure that has previously led to enormous improvements in poultry welfare in this country.

“There is also a justice issue here – many people buy meat very carefully and spend a premium because they care about animal welfare. If there is a reduction in welfare that should be reflected on the label and in the price.”

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Chickens are typically slaughtered at eight to 12 weeks old and turkeys are killed when they are between 14 and 24 weeks.

While all farms in England were ordered to lockdown on 6 November, many others were under lockdown before that – meaning that some birds being sold as free range will never have seen daylight.

All non-frozen birds destined for the Christmas table will have spent their final six to eight weeks indoors – about a third to half of their lives.

Toby Kelly, son of the owner of KellyBronze turkeys – a farm that produces more than 155,000 birds a year – said the new rules would help to protect farmers’ livelihoods.

“You keep all our birds outside and rear them free range, and then you have to bring them in for a [bird flu] housing order. I think it’s absolutely the right thing that you should still be able to call them free range.

“Animal welfare is paramount, and you don’t want to risk losing our flock to bird flu, and so bringing them inside helps you mitigate that risk to some degree,” Mr Kelly said.

Few doubt that the new rules protect farmers, and the 30 to 200 per cent price uplift a “free range” label can command.

But the question, say critics, is not whether the lockdowns are necessary in business or animal welfare terms, but whether birds which are raised in barns should continue to be marketed as free range.

In a debate in the House of Lords earlier this year, the Conservative peer Lord Blencathra called for a “serious look” at the definition of free range.

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“I understand that in the consultation 66 per cent of respondents felt that the proposal would cause little or no confusion among consumers. Of course not, since how are consumers to know how long the hens have been shut inside in the first place while … still labelled free range?

“I am not worried about consumers being confused but I am worried about misrepresentation”.

He added: “If hens are confined inside for six months, nine months or even more, consumers have a right to know that their eggs are not really free-range”.

Defra says it changed the rules to protect the free-range poultry sector in the UK which is worth over £1 billion a year.

consultation run by DEFRA prior to the legislation changing received 14 responses, 13 of which were from the poultry industry: poultry meat producers, importers, exporters, and manufacturers.

No consumer organisations responded, and it is unclear whether they were approached for comment by Defra.

Sue Davies, Head of Food Policy at Which? told The Telegraph a “delicate balance” needed to be struck between consumer and sustainable farming interests in the face of avian influenza.

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“When the all-important Christmas market is involved, it’s vital that the government and industry explain clearly to consumers what is happening and how their food is affected, so shoppers have the facts at their disposal when they go to buy turkey or other poultry products,” she said.

The current lockdown for poultry in England and Wales is expected to last most of the winter, far exceeding the life of most birds.

The new rules mean that birds that have spent their entire lives without access to outside space can continue to be sold as free-range.

“Consumers are being ripped off… it’s misleading,” said Scott Dixon, the consumer rights author and advocate. “I would call it an outrage, because consumers are paying a premium for free range”.

A Defra spokesperson said: “When a mandatory housing measure is introduced, it is to safeguard the welfare of the birds which are at risk of suffering from this highly contagious and unpleasant disease that can rapidly spread through flocks causing high mortality.

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“Housing measures have been an effective measure to reduce the likelihood of flocks being infected. Our priority is always to minimise the suffering to poultry and protect livelihoods.” 

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