< Back to H.R. 1731 (113th Congress, 2013–2015)

Text of the Egg Products Inspection Act Amendments of 2013

This bill was introduced on April 25, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 25, 2013 (Introduced).

I

113th CONGRESS

1st Session

H. R. 1731

IN THE HOUSE OF REPRESENTATIVES

April 25, 2013

(for himself,Mr. Denham,Mr. Farr,Mr. Fitzpatrick,Mr. Campbell, andMr. Huffman) introduced the following bill; which was referred to theCommittee on Agriculture

A BILL

To provide for a uniform national standard for the housing and treatment of egg-laying hens, and for other purposes.

1.

Short title

This Act may be cited as the Egg Products Inspection Act Amendments of 2013 .

2.

Hen housing and treatment standards

(a)

Definitions

Section 4 of the Egg Products Inspection Act(21 U.S.C. 1033)is amended—

(1)

by redesignatingsubsection (a)assubsection (c);

(2)

by redesignatingsubsections (b), (c), (d), (e), (f), and (g)assubsections (f), (g), (h), (i), (j), and (k), respectively;

(3)

by redesignatingsubsections (h) and (i)assubsections (n) and (o), respectively;

(4)

by redesignatingsubsections (j), (k), and (l)assubsections (r), (s), and (t), respectively;

(5)

by redesignatingsubsections (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), and (z)assubsections (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), and (ii), respectively;

(6)

by inserting beforesubsection (c), as redesignated byparagraph (1), the following new subsections:

(a)

The termadequate environmental enrichmentsmeans adequate perch space, dust bathing or scratching areas, and nest space, as defined by theSecretary of Agriculture, based on the best available science, including the most recent studies available at the time that theSecretarydefines the term.

(b)

The termadequate housing-related labelingmeans a conspicuous, 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 production, in one of the following formats:

(1)

Eggs from free-range hensto indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production—

(A)

not housed in caging devices; and

(B)

provided with outdoor access.

(2)

Eggs from cage-free hensto indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production, not housed in caging devices.

(3)

Eggs from enriched cagesto indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production, housed in caging devices that—

(A)

contain adequate environmental enrichments; and

(B)

provide the hens a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen.

(4)

Eggs from caged hensto indicate that the egg-laying hens from which the eggs or egg products were derived were, during egg production, housed in caging devices that either—

(A)

do not contain adequate environmental enrichments; or

(B)

do not provide the hens a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen.

;

(7)

by inserting aftersubsection (c), as redesignated byparagraph (1), the following new subsections:

(d)

The termbrown henmeans a brown egg-laying hen used for commercial egg production.

(e)

The termcaging devicemeans any cage, enclosure, or other device used for the housing of egg-laying hens for the production of eggs in commerce, but does not include an open barn or other fixed structure without internal caging devices.

;

(8)

by inserting aftersubsection (k), as redesignated byparagraph (2), the following new subsections:

(l)

The termegg-laying henmeans any female domesticated chicken, including white hens and brown hens, used for the commercial production of eggs for human consumption.

(m)

The termexisting caging devicemeans any caging device that was continuously in use for the production of eggs in commerce up through and including December 31, 2011.

;

(9)

by inserting aftersubsection (o), as redesignated byparagraph (3), the following new subsections:

(p)

The termfeed-withdrawal moltingmeans the practice of preventing food intake for the purpose of inducing egg-laying hens to molt.

(q)

The termindividual floor spacemeans the amount of total floor space in a caging device available to each egg-laying hen in the device, 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 device.

;

(10)

by inserting aftersubsection (t), as redesignated byparagraph (4), the following new subsection:

(u)

The termnew caging devicemeans any caging device that was not continuously in use for the production of eggs in commerce on or before December 31, 2011.

; and

(11)

by inserting at the end the following new subsections:

(jj)

The termwater-withdrawal moltingmeans the practice of preventing water intake for the purpose of inducing egg-laying hens to molt.

(kk)

The termwhite henmeans a white egg-laying hen used for commercial egg production.

.

(b)

Housing and treatment of egg-Laying hens

The Egg Products Inspection Act(21 U.S.C. 1031 et seq.)is amended by inserting after section 7(21 U.S.C. 1036)the following new sections:

7A.

Housing and treatment of egg-laying hens

(a)

Environmental enrichments

(1)

Existing caging devices

Beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , all existing caging devices shall provide egg-laying hens housed therein adequate environmental enrichments.

(2)

New caging devices

Beginning 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , all new caging devices shall provide egg-laying hens housed therein adequate environmental enrichments.

(3)

Caging devices in California

(A)

New caging devices

All caging devices in California installed after the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein adequate environmental enrichments beginning 3 months after that date of enactment.

(B)

Existing caging devices

All caging devices in California installed before the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein adequate environmental enrichments beginning January 1, 2024.

(b)

Floor space

(1)

Existing caging devices

All existing cages devices shall provide egg-laying hens housed therein—

(A)

beginning 4 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 76 square inches of individual floor space per brown hen and 67 square inches of individual floor space per white hen; and

(B)

beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen.

(2)

New caging devices

All new caging devices shall provide egg-laying hens housed therein—

(A)

beginning 3 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 90 square inches of individual floor space per brown hen and 78 square inches of individual floor space per white hen;

(B)

beginning 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 102 square inches of individual floor space per brown hen and 90 square inches of individual floor space per white hen;

(C)

beginning 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen;

(D)

beginning 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 and until the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 130 square inches of individual floor space per brown hen and 113 square inches of individual floor space per white hen; and

(E)

beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen.

(3)

California caging devices

(A)

Existing caging devices

All caging devices in California installed before the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein—

(i)

beginning January 1, 2015, and through December 31, 2023, a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen; and

(ii)

beginning January 1, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen.

(B)

New caging devices

All caging devices in California installed after the date of enactment of the Egg Products Inspection Act Amendments of 2013 shall provide egg-laying hens housed therein—

(i)

beginning 3 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , and through December 31, 2023, a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen; and

(ii)

beginning January 1, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen.

(c)

Air quality

(1)

In general

Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , an egg handler shall provide all egg-laying hens under his ownership or control with acceptable air quality, which does not exceed more than 25 parts per million of ammonia during normal operations.

(2)

Temporary excess ammonia levels allowed

Notwithstandingparagraph (1), an egg handler may provide egg-laying hens under the ownership or control of such handler with air quality containing more than 25 parts per million of ammonia for temporary periods as necessary because of extraordinary weather circumstances or other unusual circumstances.

(d)

Forced molting

Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , no egg handler may subject any egg-laying hen under his ownership or control to feed-withdrawal or water-withdrawal molting.

(e)

Euthanasia

Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , an egg handler shall provide, when necessary, all egg-laying hens under his ownership or control with euthanasia that is humane and uses a method deemedAcceptableby the American Veterinary Medical Association.

(f)

Prohibition on new unenrichable cages

No person shall build, construct, implement, or place into operation any new caging device for the production of eggs to be sold in commerce unless the device—

(1)

provides the egg-laying hens to be contained therein a minimum of 76 square inches of individual floor space per brown hen or 67 square inches of individual floor space per white hen; and

(2)

is capable of being adapted to accommodate adequate environmental enrichments.

(g)

Exemptions

(1)

Recently-installed existing caging devices

The requirements undersubsections (a)(1)and(b)(1)(B)shall not apply to any existing caging device that was first placed into operation between January 1, 2008, and December 31, 2011. This exemption shall expire on December 31, 2029, at which time the requirements contained insubsections (a)(1)and(b)(1)(B)shall apply to all existing caging devices.

(2)

Hens already in production

The requirements undersubsections (a)(1),(a)(2),(b)(1)(B), and(b)(2)shall not apply to any caging device containing egg-laying hens who are already in egg production on the date that such requirement takes effect. This exemption shall expire on the date that such egg-laying hens are removed from egg production.

(3)

Small producers

This section shall not apply to an egg handler who buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens.

(4)

Educational and research institutions

The provisions of this section related to housing, treatment, or housing-related labeling shall not apply to egg production at an accredited educational or research institution, or to the purchase, sale, handling, or processing of eggs or egg products in connection with such production.

(5)

Individual enclosures

The environmental enrichment requirements undersubsection (a)shall not apply to any caging device that contains only 1 egg-laying hen.

(6)

Other livestock or poultry production

This section shall apply only to commercial egg production. This section shall not apply to the production of pork, beef, turkey, dairy, broiler chicken, veal, or other livestock or poultry.

7B.

Phase-in conversion requirements

(a)

National conversion requirements

(1)

First conversion phase

Beginning 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 25 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 102 square inches of individual floor space per brown hen and 90 square inches of individual floor space per white hen.

(2)

Second conversion phase

Beginning 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 55 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 130 square inches of individual floor space per brown hen and 113 square inches of individual floor space per white hen.

(3)

Final conversion phase

Beginning December 31, 2029, all egg-laying hens confined in caging devices shall be provided adequate environmental enrichments and a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen.

(b)

California conversion requirements

(1)

First conversion phase

Beginning 2 years and 6 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 25 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen.

(2)

Second conversion phase

Beginning 5 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 50 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen.

(3)

Third conversion phase

Beginning 7 years and 6 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , at least 75 percent of the egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen.

(4)

Final conversion phase

Beginning 10 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , all egg-laying hens in commercial egg production in California shall be provided adequate environmental enrichments and a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hens.

(c)

Compliance

(1)

In general

At the end of 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , theSecretaryshall determine, after having reviewed and analyzed the results of an independent, national survey of caging devices, whether—

(A)

the requirements ofsubsection (a)(1)have been met; and

(B)

the requirements ofsubsection (b)(2)have been met.

(2)

Requirements met

If theSecretaryfinds that the requirements ofsubsection (a)(1)have not been met, then beginning January 1, 2020, the floor space requirements (irrespective of the date such requirements expire) related to new caging devices contained insubsection (b)(2)(B) of section 7Ashall apply to existing caging devices placed into operation prior to January 1, 1995.

(3)

Requirements not met

If theSecretaryfinds that the requirements ofsubsection (b)(2)have not been met, then beginning 1 year from the date of theSecretary’sfinding, the floor space and enrichments requirements (irrespective of the date such requirements come into force) contained insubsection (a)(3)(A)andsubsection (b)(3)(B)(ii) of section 7Ashall apply to all caging devices in California.

(4)

Report

At the end of 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , and again after December 31, 2029, theSecretaryshall submit to theCommittee on Agriculture of the House of Representativesand theCommittee on Agriculture, Nutrition, and Forestry of the Senatea report on compliance withsubsections (a)and(b).

(5)

Relationship to other law

Notwithstandingsection 12, the remedies provided in this subsection shall be the exclusive remedies for violations of this section.

.

(c)

Inspections

Section 5 of the Egg Products Inspection Act(21 U.S.C. 1034)is amended—

(1)

insubsection (d), in the first sentence, by inserting(other than requirements with respect to housing, treatment, and housing-related labeling)afteras he deems appropriate to assure compliance with such requirements; and

(2)

insubsection (e)

(A)

inparagraph (1)

(i)

insubparagraph (A), by strikingand;

(ii)

by redesignatingsubparagraph (B)assubparagraph (C);

(iii)

by inserting aftersubparagraph (A)the following new subparagraph:

(B)

are derived from egg-laying hens housed and treated in compliance withsection 7A; and

; and

(iv)

insubparagraph (C), as redesignated byclause (ii), by insertingadequate housing-related labeling andaftercontain;

(B)

inparagraph (2), by strikingIn the case of a shell egg packerand insertingIn the cases of an egg handler with a flock of more than 3,000 egg-laying hens and a shell egg packer;

(C)

inparagraph (3), by inserting(other than requirements with respect to housing, treatment, and housing-related labeling)afterto ensure compliance with the requirements ofparagraph (1) ; and

(D)

inparagraph (4), by strikingwith a flock of not more than 3,000 layers.and insertingwho buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens..

(d)

Labeling

Section 7(a) of the Egg Products Inspection Act of 1970( 21 U.S.C. 1036(a) )is amended by insertingadequate housing-related labeling,afterplant where the products were processed,.

(e)

Limitation on exemptions by secretary

Section 15(a) of the Egg Products Inspection Act of 1970( 21 U.S.C. 1044(a) )is amended in the matter precedingparagraph (1)by inserting(not includingsubsection (c) of section 8)afterexempt from specific provisions.

(f)

Imports

Section 17(a)(2) of the Egg Products Inspection Act of 1970( 21 U.S.C. 1046(a)(2) )is amended by strikingsubdivision thereof and are labeled and packagedand insertingsubdivision thereof; and no eggs or egg products capable of use as human food shall be imported into the United States unless they are produced, labeled, and packaged.

3.

Enforcement of hen housing and treatment standards

Section 8 of the Egg Products Inspection Act(21 U.S.C. 1037)is amended—

(1)

by redesignatingsubsections (c), (d), (e), and (f)assubsections (d), (e), (f), and (g), respectively;

(2)

by inserting aftersubsection (b)the following new subsection:

(c)
(1)

No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce any eggs or egg products derived from egg-laying hens housed or treated in violation of any provision ofsection 7A.

(2)

No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce any eggs or egg products derived from egg-laying hens unless the container or package, including any immediate container, of the eggs or egg products, beginning 1 year after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , contains adequate housing-related labeling.

(3)

No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce, in California, 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 undersubsections (a)(3)and(b)(3) of section 7A of this Actregardless of where the eggs are produced.

; and

(3)

insubsection (e)(as redesignated byparagraph (1)), in the matter precedingparagraph (1), by inserting7A,aftersection.

4.

State and local authority

Section 23 of the Egg Products Inspection Act(21 U.S.C. 1052)is amended—

(a)

by redesignatingsubsections (c) and (d)assubsections (d) and (e), respectively;

(b)

by inserting aftersubsection (b)the following new subsection:

(c)

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 jurisdiction. 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 Act.

; and

(c)

by inserting aftersubsection (e)(as redesignated bysubsection (a)) the following new subsection:

(f)

Role of california department of food and agriculture

With respect to eggs produced, shipped, handled, transported, or received in California prior to the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 , theSecretaryshall delegate to the California Department of Food and Agriculture the authority to enforcesections 7A(a)(3),7A(b)(3),8(c)(3), and11.

.

5.

Effective date

This Act shall take effect on the date of enactment of this Act.