,,ii #aacth ,,congress #ast ,session ,s4 #hbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #be1 #bjac ,mrs4 ,feinstein 7for herself1 ,ms4 ,stabenow1 and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to provide for a uniform national standard for the housing and treatment of egg-laying hens1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,egg ,products ,inspection ,act ,amendments of #bjac4 #b4 ,hen housing and treatment standards 7a7 ,definitions ,section #d of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcc7 is amended-- 7#a7 by redesignating subsection 7a7 as subsection 7c72 7#b7 by redesignating subsections 7b71 7c71 7d71 7e71 7f71 and 7g7 as subsections 7f71 7g71 7h71 7i71 7j71 and 7k71 respectively2 7#c7 by redesignating subsections 7h7 and 7i7 as subsections 7n7 and 7o71 respectively2 7#d7 by redesignating subsections 7j71 7k71 and 7l7 as subsections 7r71 7s71 and 7t71 respectively2 7#e7 by redesignating subsections 7m71 7n71 7o71 7p71 7q71 7r71 7s71 7t71 7u71 7v71 7w71 7x71 7y71 and 7z7 as subsections 7v71 7w71 7x71 7y71 7z71 7aa71 7bb71 7cc71 7dd71 7ee71 7ff71 7gg71 7hh71 and 7ii71 respectively2 7#f7 by inserting before subsection 7c71 as redesignated by paragraph 7#a71 the following new subsections3 7a7 ,the term adequate environmental enrichments means adequate perch space1 dust bathing or scratching areas1 and nest space1 as defined by the ,secretary of ,agriculture1 based on the best available science1 including the most recent studies available at the time that the ,secretary defines the term4 7b7 ,the term adequate housing-related labeling means a conspicuous1 legible marking on the front or top of a package of eggs accurately indicating the type of housing that the egg-laying hens were provided during egg production1 in #a of the following formats3 7#a7 ,eggs from free-range hens to indicate that the egg-laying hens from which the eggs or egg products were derived were1 during egg production-- 7,a7 not housed in caging devices2 and 7,b7 provided with outdoor access4 7#b7 ,eggs from cage-free hens to indicate that the egg-laying hens from which the eggs or egg products were derived were1 during egg production1 not housed in caging devices4 7#c7 ,eggs from enriched cages to indicate that the egg-laying hens from which the eggs or egg products were derived were1 during egg production1 housed in caging devices that-- 7,a7 contain adequate environmental enrichments2 and 7,b7 provide the hens a minimum of #aaf square inches of individual floor space per brown hen and #aja square inches of individual floor space per white hen4 7#d7 ,eggs from caged hens to indicate that the egg-laying hens from which the eggs or egg products were derived were1 during egg production1 housed in caging devices that either-- 7,a7 do not contain adequate environmental enrichments2 or 7,b7 do not provide the hens a minimum of #aaf square inches of individual floor space per brown hen and #aja square inches of individual floor space per white hen4 2 7#g7 by inserting after subsection 7c71 as redesignated by paragraph 7#a71 the following new subsections3 7d7 ,the term brown hen means a brown egg-laying hen used for commercial egg production4 7e7 ,the term caging device means any cage1 enclosure1 or other device used for the housing of egg-laying hens for the production of eggs in commerce1 but does not include an open barn or other fixed structure without internal caging devices4 2 7#h7 by inserting after subsection 7k71 as redesignated by paragraph 7#b71 the following new subsections3 7l7 ,the term egg-laying hen means any female domesticated chicken1 including white hens and brown hens1 used for the commercial production of eggs for human consumption4 7m7 ,the term existing caging device means any caging device that was continuously in use for the production of eggs in commerce up through and including ,december #ca1 #bjaa4 2 7#i7 by inserting after subsection 7o71 as redesignated by paragraph 7#c71 the following new subsections3 7p7 ,the term feed-withdrawal molting means the practice of preventing food intake for the purpose of inducing egg-laying hens to molt4 7q7 ,the term individual floor space means the amount of total floor space in a caging device available to each egg-laying hen in the device1 which is calculated by measuring the total floor space of the caging device and dividing by the total number of egg-laying hens in the device4 2 7#aj7 by inserting after subsection 7t71 as redesignated by paragraph 7#d71 the following new subsection3 7u7 ,the term new caging device means any caging device that was not continuously in use for the production of eggs in commerce on or before ,december #ca1 #bjaa4 2 and 7#aa7 by inserting at the end the following new subsections3 7jj7 ,the term water-withdrawal molting means the practice of preventing water intake for the purpose of inducing egg-laying hens to molt4 7kk7 ,the term white hen means a white egg-laying hen used for commercial egg production4 4 7b7 ,housing and treatment of egg-,laying hens ,the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajca et seq47 is amended by inserting after section #g 7#ba ,u4,s4,c4 #ajcf7 the following new sections3 #g;,a4 ,housing and treatment of egg-laying hens 7a7 ,environmental enrichments 7#a7 ,existing caging devices ,beginning #ae years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 all existing caging devices shall provide egg-laying hens housed therein adequate environmental enrichments4 7#b7 ,new caging devices ,beginning #i years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 all new caging devices shall provide egg-laying hens housed therein adequate environmental enrichments4 7#c7 ,caging devices in ,california 7,a7 ,new caging devices ,all caging devices in ,california installed after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac shall provide egg-laying hens housed therein adequate environmental enrichments beginning #c months after that date of enactment4 7,b7 ,existing caging devices ,all caging devices in ,california installed before the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac shall provide egg-laying hens housed therein adequate environmental enrichments beginning ,january #a1 #bjbd4 7b7 ,floor space 7#a7 ,existing caging devices ,all existing cages devices shall provide egg-laying hens housed therein-- 7,a7 beginning #d years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac and until the date that is #ae years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #gf square inches of individual floor space per brown hen and #fg square inches of individual floor space per white hen2 and 7,b7 beginning #ae years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #add square inches of individual floor space per brown hen and #abd square inches of individual floor space per white hen4 7#b7 ,new caging devices ,all new caging devices shall provide egg-laying hens housed therein-- 7,a7 beginning #c years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac and until the date that is #f years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #ij square inches of individual floor space per brown hen and #gh square inches of individual floor space per white hen2 7,b7 beginning #f years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac and until the date that is #i years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #ajb square inches of individual floor space per brown hen and #ij square inches of individual floor space per white hen2 7,c7 beginning #i years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac and until the date that is #ab years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #aaf square inches of individual floor space per brown hen and #aja square inches of individual floor space per white hen2 7,d7 beginning #ab years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac and until the date that is #ae years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #acj square inches of individual floor space per brown hen and #aac square inches of individual floor space per white hen2 and 7,e7 beginning #ae years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 a minimum of #add square inches of individual floor space per brown hen and #abd square inches of individual floor space per white hen4 7#c7 ,california caging devices 7,a7 ,existing caging devices ,all caging devices in ,california installed before the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac shall provide egg-laying hens housed therein-- 7i7 beginning ,january #a1 #bjae1 and through ,december #ca1 #bjbc1 a minimum of #acd square inches of individual floor space per brown hen and #aaf square inches of individual floor space per white hen2 and 7ii7 beginning ,january #a1 #bjbd1 a minimum of #add square inches of individual floor space per brown hen and #abd square inches of individual floor space per white hen4 7,b7 ,new caging devices ,all caging devices in ,california installed after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac shall provide egg-laying hens housed therein-- 7i7 beginning #c months after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 and through ,december #ca1 #bjbc1 a minimum of #acd square inches of individual floor space per brown hen and #aaf square inches of individual floor space per white hen2 and 7ii7 beginning ,january #a1 #bjbd1 a minimum of #add square inches of individual floor space per brown hen and #abd square inches of individual floor space per white hen4 7c7 ,air quality 7#a7 ,in general ,beginning #b years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 an egg handler shall provide all egg-laying hens under his ownership or control with acceptable air quality1 which does not exceed more than #be parts per million of ammonia during normal operations4 7#b7 ,temporary excess ammonia levels allowed ,notwithstanding paragraph 7#a71 an egg handler may provide egg-laying hens under the ownership or control of such handler with air quality containing more than #be parts per million of ammonia for temporary periods as necessary because of extraordinary weather circumstances or other unusual circumstances4 7d7 ,forced molting ,beginning #b years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 no egg handler may subject any egg-laying hen under his ownership or control to feed-withdrawal or water-withdrawal molting4 7e7 ,euthanasia ,beginning #b years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 an egg handler shall provide1 when necessary1 all egg-laying hens under his ownership or control with euthanasia that is humane and uses a method deemed ,acceptable by the ,american ,veterinary ,medical ,association4 7f7 ,prohibition on new unenrichable cages ,no person shall build1 construct1 implement1 or place into operation any new caging device for the production of eggs to be sold in commerce unless the device-- 7#a7 provides the egg-laying hens to be contained therein a minimum of #gf square inches of individual floor space per brown hen or #fg square inches of individual floor space per white hen2 and 7#b7 is capable of being adapted to accommodate adequate environmental enrichments4 7g7 ,exemptions 7#a7 ,recently-installed existing caging devices ,the requirements under subsections 7a77#a7 and 7b77#a77;,b7 shall not apply to any existing caging device that was first placed into operation between ,january #a1 #bjjh1 and ,december #ca1 #bjaa4 ,this exemption shall expire on ,december #ca1 #bjbi1 at which time the requirements contained in subsections 7a77#a7 and 7b77#a77;,b7 shall apply to all existing caging devices4 7#b7 ,hens already in production ,the requirements under subsections 7a77#a71 7a77#b71 7b77#a77;,b71 and 7b77#b7 shall not apply to any caging device containing egg-laying hens who are already in egg production on the date that such requirement takes effect4 ,this exemption shall expire on the date that such egg-laying hens are removed from egg production4 7#c7 ,small producers ,this section shall not apply to an egg handler who buys1 sells1 handles1 or processes eggs or egg products solely from #a flock of not more than #c1jjj egg-laying hens4 7#d7 ,educational and research institutions ,the provisions of this section related to housing1 treatment1 or housing-related labeling shall not apply to egg production at an accredited educational or research institution1 or to the purchase1 sale1 handling1 or processing of eggs or egg products in connection with such production4 7#e7 ,individual enclosures ,the environmental enrichment requirements under subsection 7a7 shall not apply to any caging device that contains only #a egg-laying hen4 7#f7 ,other livestock or poultry production ,this section shall apply only to commercial egg production4 ,this section shall not apply to the production of pork1 beef1 turkey1 dairy1 broiler chicken1 veal1 or other livestock or poultry4 #g;,b4 ,phase-in conversion requirements 7a7 ,national conversion requirements 7#a7 ,first conversion phase ,beginning #f years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 at least #be percent of the egg-laying hens in commercial egg production shall be housed either in new caging devices or in existing caging devices that provide the hens contained therein with a minimum of #ajb square inches of individual floor space per brown hen and #ij square inches of individual floor space per white hen4 7#b7 ,second conversion phase ,beginning #ab years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 at least #ee percent of the egg-laying hens in commercial egg production shall be housed either in new caging devices or in existing caging devices that provide the hens contained therein with a minimum of #acj square inches of individual floor space per brown hen and #aac square inches of individual floor space per white hen4 7#c7 ,final conversion phase ,beginning ,december #ca1 #bjbi1 all egg-laying hens confined in caging devices shall be provided adequate environmental enrichments and a minimum of #add square inches of individual floor space per brown hen and #abd square inches of individual floor space per white hen4 7b7 ,california conversion requirements 7#a7 ,first conversion phase ,beginning #b years and #f months after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 at least #be percent of the egg-laying hens in commercial egg production in ,california shall be provided adequate environmental enrichments and a minimum of #acd square inches of individual floor space per brown hen and #aaf square inches of individual floor space per white hen4 7#b7 ,second conversion phase ,beginning #e years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 at least #ej percent of the egg-laying hens in commercial egg production in ,california shall be provided adequate environmental enrichments and a minimum of #acd square inches of individual floor space per brown hen and #aaf square inches of individual floor space per white hen4 7#c7 ,third conversion phase ,beginning #g years and #f months after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 at least #ge percent of the egg-laying hens in commercial egg production in ,california shall be provided adequate environmental enrichments and a minimum of #acd square inches of individual floor space per brown hen and #aaf square inches of individual floor space per white hen4 7#d7 ,final conversion phase ,beginning #aj years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 all egg-laying hens in commercial egg production in ,california shall be provided adequate environmental enrichments and a minimum of #add square inches of individual floor space per brown hen and #abd square inches of individual floor space per white hens4 7c7 ,compliance 7#a7 ,in general ,at the end of #f years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 the ,secretary shall determine1 after having reviewed and analyzed the results of an independent1 national survey of caging devices1 whether-- 7,a7 the requirements of subsection 7a77#a7 have been met2 and 7,b7 the requirements of subsection 7b77#b7 have been met4 7#b7 ,requirements met ,if the ,secretary finds that the requirements of subsection 7a77#a7 have not been met1 then beginning ,january #a1 #bjbj1 the floor space requirements 7irrespective of the date such requirements expire7 related to new caging devices contained in subsection 7b77#b77;,b7 of section #g;,a shall apply to existing caging devices placed into operation prior to ,january #a1 #aiie4 7#c7 ,requirements not met ,if the ,secretary finds that the requirements of subsection 7b77#b7 have not been met1 then beginning #a year from the date of the ,secretary's finding1 the floor space and enrichments requirements 7irrespective of the date such requirements come into force7 contained in subsection 7a77#c77;,a7 and subsection 7b77#c77;,b77ii7 of section #g;,a shall apply to all caging devices in ,california4 7#d7 ,report ,at the end of #ab years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 and again after ,december #ca1 #bjbi1 the ,secretary shall submit to the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate a report on compliance with subsections 7a7 and 7b74 7#e7 ,relationship to other law ,notwithstanding section #ab1 the remedies provided in this subsection shall be the exclusive remedies for violations of this section4 4 7c7 ,inspections ,section #e of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcd7 is amended-- 7#a7 in subsection 7d71 in the first sentence1 by inserting 7other than requirements with respect to housing1 treatment1 and housing-related labeling7 after as he deems appropriate to assure compliance with such requirements2 and 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking and2 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7iii7 by inserting after subparagraph 7,a7 the following new subparagraph3 7,b7 are derived from egg-laying hens housed and treated in compliance with section #g;,a2 and 2 and 7iv7 in subparagraph 7,c71 as redesignated by clause 7ii71 by inserting adequate housing-related labeling and after contain2 7,b7 in paragraph 7#b71 by striking ,in the case of a shell egg packer and inserting ,in the cases of an egg handler with a flock of more than #c1jjj egg-laying hens and a shell egg packer2 7,c7 in paragraph 7#c71 by inserting 7other than requirements with respect to housing1 treatment1 and housing-related labeling7 after to ensure compliance with the requirements of paragraph 7#a72 and 7,d7 in paragraph 7#d71 by striking with a flock of not more than #c1jjj layers4 and inserting who buys1 sells1 handles1 or processes eggs or egg products solely from #a flock of not more than #c1jjj egg-laying hens44 7d7 ,labeling ,section #g7;a7 of the ,egg ,products ,inspection ,act of #aigj 7#ba ,u4,s4,c4 #ajcf7;a77 is amended by inserting adequate housing-related labeling1 after plant where the products were processed14 7e7 ,limitation on exemptions by secretary ,section #ae7;a7 of the ,egg ,products ,inspection ,act of #aigj 7#ba ,u4,s4,c4 #ajdd7;a77 is amended in the matter preceding paragraph 7#a7 by inserting 7not including subsection 7c7 of section #h7 after exempt from specific provisions4 7f7 ,imports ,section #ag7;a77#b7 of the ,egg ,products ,inspection ,act of #aigj 7#ba ,u4,s4,c4 #ajdf7;a77#b77 is amended by striking subdivision thereof and are labeled and packaged and inserting subdivision thereof2 and no eggs or egg products capable of use as human food shall be imported into the ,united ,states unless they are produced1 labeled1 and packaged4 #c4 ,enforcement of hen housing and treatment standards ,section #h of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajcg7 is amended-- 7#a7 by redesignating subsections 7c71 7d71 7e71 and 7f7 as subsections 7d71 7e71 7f71 and 7g71 respectively2 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 7#a7 ,no person shall buy1 sell1 or transport1 or offer to buy or sell1 or offer or receive for transportation1 in any business or commerce any eggs or egg products derived from egg-laying hens housed or treated in violation of any provision of section #g;,a4 7#b7 ,no person shall buy1 sell1 or transport1 or offer to buy or sell1 or offer or receive for transportation1 in any business or commerce any eggs or egg products derived from egg-laying hens unless the container or package1 including any immediate container1 of the eggs or egg products1 beginning #a year after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 contains adequate housing-related labeling4 7#c7 ,no person shall buy1 sell1 or transport1 or offer to buy or sell1 or offer or receive for transportation1 in any business or commerce1 in ,california1 any eggs or egg products derived from egg-laying hens unless the egg-laying hens are provided floor space and enrichments equivalent to that required under subsections 7a77#c7 and 7b77#c7 of section #g;,a of this ,act regardless of where the eggs are produced4 2 and 7#c7 in subsection 7e7 7as redesignated by paragraph 7#a77 1 in the matter preceding paragraph 7#a71 by inserting #g;,a1 after section4 #d4 ,state and local authority ,section #bc of the ,egg ,products ,inspection ,act 7#ba ,u4,s4,c4 #ajeb7 is amended-- 7a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,prohibition against additional or different requirements than federal requirements related to minimum space allotments for housing egg-,laying hens in commercial egg production ,requirements within the scope of this ,act with respect to minimum floor space allotments or enrichments for egg-laying hens housed in commercial egg production which are in addition to or different than those made under this ,act may not be imposed by any ,state or local jurisdiction4 ,otherwise the provisions of this ,act shall not invalidate any law or other provisions of any ,state or other jurisdiction in the absence of a conflict with this ,act4 2 and 7c7 by inserting after subsection 7e7 7as redesignated by subsection 7a77 the following new subsection3 7f7 ,role of california department of food and agriculture ,with respect to eggs produced1 shipped1 handled1 transported1 or received in ,california prior to the date that is #ae years after the date of enactment of the ,egg ,products ,inspection ,act ,amendments of #bjac1 the ,secretary shall delegate to the ,california ,department of ,food and ,agriculture the authority to enforce sections #g;,a7a77#c71 #g;,a7b77#c71 #h7;c77#c71 and #aa4 4 #e4 ,effective date ,this ,act shall take effect on the date of enactment of this ,act4