113 S820 IS: Egg Products Inspection Act Amendments of 2013
U.S. Senate
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as
the Egg Products Inspection Act
Amendments of 2013
.
2.Hen housing and
treatment standards
(a)Section
4 of the Egg Products Inspection Act (21 U.S.C. 1033) is amended—
(1)by redesignating
subsection (a) as subsection (c);
(2)by redesignating
subsections (b), (c), (d), (e), (f), and (g) as subsections (f), (g), (h), (i),
(j), and (k), respectively;
(3)by redesignating
subsections (h) and (i) as subsections (n) and (o), respectively;
(4)by redesignating
subsections (j), (k), and (l) as subsections (r), (s), and (t),
respectively;
(5)by redesignating
subsections (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y),
and (z) as subsections (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee),
(ff), (gg), (hh), and (ii), respectively;
(6)by inserting
before subsection (c), as redesignated by paragraph (1), the following new
subsections:
(a)The term
adequate environmental enrichments means adequate perch space,
dust bathing or scratching areas, and nest space, as defined by the Secretary
of Agriculture, based on the best available science, including the most recent
studies available at the time that the Secretary defines the term.
(b)The term
adequate housing-related labeling means 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 1
of the following formats:
(1)Eggs from
free-range hens
to 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 hens
to 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 cages
to 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 hens
to 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
after subsection (c), as redesignated by paragraph (1), the following new
subsections:
(d)The term
brown hen means a brown egg-laying hen used for commercial egg
production.
(e)The term
caging device means 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
after subsection (k), as redesignated by paragraph (2), the following new
subsections:
(l)The term
egg-laying hen means any female domesticated chicken, including
white hens and brown hens, used for the commercial production of eggs for human
consumption.
(m)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 31,
2011.
;
(9)by inserting
after subsection (o), as redesignated by paragraph (3), the following new
subsections:
(p)The term
feed-withdrawal molting means the practice of preventing food
intake for the purpose of inducing egg-laying hens to molt.
(q)The term
individual floor space means 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
after subsection (t), as redesignated by paragraph (4), the following new
subsection:
(u)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 31, 2011.
;
and
(11)by inserting at
the end the following new subsections:
(jj)The term
water-withdrawal molting means the practice of preventing water
intake for the purpose of inducing egg-laying hens to molt.
(kk)The term
white hen means a white egg-laying hen used for commercial egg
production.
.
(b)Housing and
treatment of egg-Laying hensThe 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)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)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)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)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)
(1)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)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)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)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)
(1)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 allowedNotwithstanding paragraph (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)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)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 deemed Acceptable
by the American Veterinary
Medical Association.
(f)Prohibition on
new unenrichable cagesNo 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)
(1)Recently-installed
existing caging devicesThe requirements under subsections (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 in subsections (a)(1) and (b)(1)(B) shall apply to all existing
caging devices.
(2)Hens already in
productionThe requirements under subsections (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)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 institutionsThe 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)The environmental enrichment requirements under
subsection (a) shall not apply to any caging device that contains only 1
egg-laying hen.
(6)Other livestock
or poultry productionThis 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)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)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)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)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)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)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)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)
(1)At the end of 6 years after the date of enactment of the
Egg Products Inspection Act Amendments of
2013, the Secretary shall determine, after having reviewed and
analyzed the results of an independent, national survey of caging devices,
whether—
(A)the requirements
of subsection (a)(1) have been met; and
(B)the requirements
of subsection (b)(2) have been met.
(2)If the Secretary finds that the requirements of subsection
(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 in subsection (b)(2)(B) of section 7A shall apply to
existing caging devices placed into operation prior to January 1, 1995.
(3)If the Secretary finds that the requirements of
subsection (b)(2) have not been met, then beginning 1 year from the date of the
Secretary’s finding, the floor space and enrichments requirements (irrespective
of the date such requirements come into force) contained in subsection
(a)(3)(A) and subsection (b)(3)(B)(ii) of section 7A shall apply to all caging
devices in California.
(4)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, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report on
compliance with subsections (a) and (b).
(5)Relationship to
other lawNotwithstanding section 12, the remedies provided in
this subsection shall be the exclusive remedies for violations of this
section.
.
(c)Section
5 of the Egg Products Inspection Act (21 U.S.C. 1034) is amended—
(1)in subsection
(d), in the first sentence, by inserting (other than requirements with
respect to housing, treatment, and housing-related labeling)
after
as he deems appropriate to assure compliance with such
requirements
; and
(2)in subsection
(e)—
(A)in paragraph
(1)—
(i)in
subparagraph (A), by striking and
;
(ii)by
redesignating subparagraph (B) as subparagraph (C);
(iii)by inserting
after subparagraph (A) the following new subparagraph:
(B)are derived from
egg-laying hens housed and treated in compliance with section 7A;
and
;
and
(iv)in
subparagraph (C), as redesignated by clause (ii), by inserting adequate
housing-related labeling and
after contain
;
(B)in paragraph (2),
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 3,000
egg-laying hens and a shell egg packer
;
(C)in paragraph (3),
by inserting (other than requirements with respect to housing,
treatment, and housing-related labeling)
after to ensure
compliance with the requirements of paragraph (1)
; and
(D)in paragraph (4),
by striking with a flock of not more than 3,000 layers.
and
inserting who buys, sells, handles, or processes eggs or egg products
solely from 1 flock of not more than 3,000 egg-laying hens.
.
(d)Section
7(a) of the Egg Products Inspection Act of 1970 (21 U.S.C. 1036(a)) is amended
by inserting adequate housing-related labeling,
after
plant where the products were processed,
.
(e)Limitation on
exemptions by secretarySection 15(a) of the Egg Products
Inspection Act of 1970 (21 U.S.C. 1044(a)) is amended in the matter preceding
paragraph (1) by inserting (not including subsection (c) of section
8)
after exempt from specific provisions
.
(f)Section
17(a)(2) of the Egg Products Inspection Act of 1970 (21 U.S.C. 1046(a)(2)) is
amended by striking subdivision thereof and are labeled and
packaged
and inserting subdivision 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 standardsSection 8 of the Egg Products Inspection Act
(21 U.S.C. 1037) is amended—
(1)by redesignating
subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g),
respectively;
(2)by inserting
after subsection (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 of section
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 under subsections (a)(3) and (b)(3) of
section 7A of this Act regardless of where the eggs are
produced.
;
and
(3)in subsection (e)
(as redesignated by paragraph (1)) , in the matter preceding paragraph (1), by
inserting 7A,
after section
.
4.State and local
authoritySection 23 of the
Egg Products Inspection Act (21 U.S.C. 1052) is amended—
(a)by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively;
(b)by inserting
after subsection (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
productionRequirements 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
after subsection (e) (as redesignated by subsection (a)) the following new
subsection:
(f)Role of
california department of food and agricultureWith 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, the Secretary shall delegate to the California Department
of Food and Agriculture the authority to enforce sections 7A(a)(3), 7A(b)(3),
8(c)(3), and
11.
.
5.This Act shall take
effect on the date of enactment of this Act.