Emu Eggs Spotted in Lane Cove – Who Can Sell Emu Egg – It’s Complicated

Recently a Chatswood grocer sparked an online frenzy by selling fresh emu eggs.  After the frenzy died down,  ITC was sent a photo showing fresh emu eggs on offer closer to home, at a butcher in Lane Cove. It has taken us several weeks and correspondence with two NSW government departments to establish if fresh emu eggs can be sold in NSW.

Our cover photo was sent to us by a roving reporter which shows several large dark green eggs in a local butcher’s display cabinet with a sign reading “Fresh Emu Eggs”. Another roving reporter told us the were on sale as recently as the first week in July.  A spot check today revealed that there are no longer emu eggs displayed in the retailer’s cabinet.

We have contacted the Lane Cove business for comment and clarification before publishing this article, but did not receive a response to our enquiries.

The Chatswood Emu Egg Story

The Lane Cove sighting was after a news.com.au report about fresh emu eggs being sold by a retailer at Chatswood Chase.

The Chatswood story took off after a social media post questioning whether the sale of the eggs was legal gained significant attention online.

According to news.com.au, state authorities moved to stop the sale after the outlet brought the matter to their attention, with questions raised around biosecurity and commercial food safety laws.

news.com.au reported that NSW Minister for Agriculture Tara Moriarty said: “If anyone is illegally selling emu eggs, they should face the full force of the law.”

The report also said the Minister had urged Willoughby City Council to investigate.

There was no suggestion in the news.com.au report that the Chatswood retailer knew the sale of the eggs was illegal.

Since that time a spokesperson for theNSW Department of Climate Change, Energy, the Environment and Water (DCCEEW) has confirmed to ITC that the NSW Biodiversity and Heritage Regulator (BHR) is investigating an alleged sale of emu eggs in the Willoughby local government area, after receiving a report from Willoughby Council.

ITC was told that a preliminary investigation is underway to determine next steps.

Sale of Fresh Emu Eggs Was Once Banned

Until a few years ago the sale of emu eggs for human consumption was banned.

A spokesperson for the NSW Food Authority told ITC:

“Guidelines have been created in cooperation with NSW Department of Climate Change, Energy, the Environment and Water (DCCEEW) to support NSW emu farmers to sell eggs for human consumption.

The NSW Food Authority guidelines are aimed at providing for a safe, controlled sale of emu eggs that would otherwise go to waste, and an additional source of revenue for farmers.

Emu Eggs Can Now Legally Be Sold to Hospitality

A licensed emu farmer is be able to sell emu eggs.

A spokesperson for the NSW Food Authority told ITC:

“The requirements under the Food Standards Code are in addition to those conditions on emu farmer licences granted under the Biodiversity Conservation Act 2016 where emu eggs may only be bought or sold from or to people with a New South Wales or interstate licence to possess and/or trade emus or emu eggs unless sold in accordance with the NSW Food Authority guidelines, which allows for sale of emu eggs to retail food businesses only. The NSW Biodiversity Conservation Act prevents the sale of emu eggs to consumers, unless a consumer also has a biodiversity conservation licence.”

But what is a retail food business?  Under the guidelines the following is noted:

“Whole unprocessed emu eggs must not be sold to customers as whole eggs to take away and cook at home. Emu eggs are only to be sold to retail food businesses such as cafés, restaurants, takeaways and caterers. Emu eggs are not to be sold to a distributor or other intermediary for on sale to consumers or other retail food businesses.”

So in a nutshell (or emu egg if you like), once you look through the the Food Standards Code, NSW Biodiversity Act and the guidelines, emu eggs must be sold directly by a holder of a biodiversity conservation licence to a cafe or restaurant that will cook the eggs. .

This may be where confusion arises. A retailer might assume that if a wholesaler supplied the eggs, they are legal to sell.

Given that two retailers on the north shore have had fresh emu eggs to sell, there is more than likely a wholesaler who has been selling them who may or may not be aware that the sale of emu eggs must be to hospitality business who will cook them.

Traceability and labelling

The NSW Food Authority guidelines also sets out requirements around traceability, egg marking, storage and handling.  The Australia New Zealand Food Standards Code requires that all eggs (including chicken, quail and emu) are free from cracks or dirt prior to sale, are usually marked to support traceability, and carries labelling information if sold in packaging.

It says businesses must maintain a system that allows emu eggs to be traced back to the farm and keep written records of eggs distributed for 12 months.

It also says eggs must be marked with a unique identifier, collection date and best before date before sale and distribution.

Each batch must include shelf life, lot identification, relevant warning and advisory statements, and storage and handling instructions.

Who Investigates?

Food regulation in NSW can involve both the NSW Food Authority and local councils.

The NSW Food Authority says it shares responsibility with local councils for the regulation of retail food businesses under the Food Regulation Partnership.

The main role of councils in that partnership is to inspect retail food businesses and investigate food safety complaints.

However, the NSW Food Authority’s complaints guidance also specifically lists butchers, food allergens, multi-household food poisoning, and other food safety and labelling issues as matters that can be referred to the Food Authority.

A spokesperson for the NSW Food Authority said:

“If there are specific concerns about the sale of emu eggs a complaint can be lodged with the NSW Food Authority in the first instance. Depending on the circumstances, the matter may be investigated by the NSW Food Authority, NSW DCCEEW or a local council.”

No suggestion of deliberate wrongdoing

ITC is not suggesting the Lane Cove business knowingly breached any food safety or wildlife licensing rules.

This appears to be a niche area of regulation, and one where the difference between legal wholesale supply and direct-to-consumer retail sale may not be widely understood.