A small organic egg farm in South Devon has been told it is acting illegally in its efforts to protect its hens from bird flu.

Jeremy Saunders and his family have 6,000 laying hens in 10 mobile houses plus 1,200 pullets in two mobile units and 1,200 chicks in two fixed sheds in Stokeinteignhead near Newton Abbot.

Production of high quality, high welfare organic eggs is the primary business.

There are a number of notifiable outbreak cases close to the farm - three at just over 10km and Paignton Zoo, under 10km away. Plus, there are countless numbers of dead wild birds continuing to wash up on nearby beaches.

Because of these increased risks, the Saunders decided to house their hens temporarily in a bid to protect them.

However, the Defra Egg Inspector and then the Soil Association have told the family that this breaks egg marketing law.

Jeremy said: “We were utterly amazed and bewildered by this stance which shows absolutely no understanding of the stress and serious consequences of living with avian flu on our doorstep.

“We informed both parties out of courtesy and were expecting to be applauded for doing the right thing, taking the only sensible options available to us, going beyond the relatively minimal and ineffective Defra precautions, to attempt to protect our hens and therefore our business and our livelihood - not to be told we are doing the wrong thing and in breach of egg marketing and organic marketing legislation, both with absolutely no room for flexibility or tolerance.”

Both Soil Association and Defra legalisation prohibit marketing eggs as ‘organic’ and ‘free-range’, respectively, unless a Housing Order is in place.

Jeremy continued: “This is utterly ridiculous and non-customer considerate.

“For the last four winters we have had enforced housing orders of 16 weeks or more with very few avian flu cases in the country and none in our locality. Housing our hens is absolutely our last resort and not what we would choose to do.

“So now with avian flu levels way beyond previous years and on our doorstep, to be told not to house our hens seems totally contradictory.

“If our hens were within 3km of a declared outbreak we would be enforced to house them. We have cases in wild birds within hundreds of metres. Not classifying the dead sea birds as an outbreak and not applying the same rules makes Defra stance totally contradictory, unsympathetic and bureaucratic.

South West Farmer: The housed hensThe housed hens (Image: Jeremy Saunders)

"If we can save our hens from contracting avian flu it will save the, no doubt stretched, Defra resources from having another case to deal with and the cost of compensation and so on.

"The Soil Association is being equally ‘awkward’ and requires us to not market our eggs as organic, despite the fact that our customers are entirely supportive and understanding. Yet if we had to house them due to ‘severe weather’ this would be acceptable. Again, this seems unreasonable."

A spokesperson for the Soil Association explained that, while the regulations are binding, the organisation has raised the issue with Defra.

He said: "The Saunders have our every sympathy and support.

"We fully recognise that Mr Saunders is in a very difficult situation.

"We are doing everything we can to support him and other farmers in the same position.

"It is our duty to provide the best consultancy and advice that we can on Defra regulations. As a certifier, we are obliged to observe them.

"Avian flu is at a high point and we have made a representation to Defra, which says that it is giving the matter its urgent attention."

Jeremy is asking Defra and the Soil Association to be proactive with farmers in these exceptional times. and he’s encouraging others to lobby their local MP and Defra.