Whole Foods stops carrying Eberly poultry! in Pennsylvania: Dining Posted January 31, 2007 dagordon, First, chicken is considered fresh above 26 degrees F. It can be hard to the touch but still not considered frozen.Second, there are two ways Eberly can deliver chicken during the winter. They can have the chickens inside a house with a door open. As long as they have acess to the outdoors they are legally "free-range". Eberly can freese birds for the winter and then ship them thawed. They can't label them "fresh" but the can call the free-range, natural, organic, Amish etc.I'm actually not an expert on the frozen rules for poultry, but I do know that most "fresh fish" from the ocean is frozen at sea whole and thawed at the store, cut up and sold as fresh.