[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3239 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3239

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2012

Mrs. Feinstein introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Egg Products Inspection Act 
Amendments of 2012''.

SEC. 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 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. The Secretary shall issue regulations 
defining this term not later than January 1, 2017, and the final 
regulations shall go into effect on December 31, 2018.
    ``(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 one 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 Hens.--The Egg Products 
Inspection Act (21 U.S.C. 1031 et seq.) is amended by inserting after 
section 7 the following new sections:
``Sec. 7A. Housing and treatment of egg-laying hens
    ``(a) Environmental Enrichments.--
            ``(1) Existing caging devices.--All existing caging devices 
        must provide egg-laying hens housed therein, beginning 15 years 
        after the date of enactment of the Egg Products Inspection Act 
        Amendments of 2012, adequate environmental enrichments.
            ``(2) New caging devices.--All new caging devices must 
        provide egg-laying hens housed therein, beginning nine years 
        after the date of enactment of the Egg Products Inspection Act 
        Amendments of 2012, adequate environmental enrichments.
            ``(3) Caging devices in california.--All caging devices in 
        California must provide egg-laying hens housed therein, 
        beginning December 31, 2018, adequate environmental 
        enrichments.
    ``(b) Floor Space.--
            ``(1) Existing caging devices.--All existing cages devices 
        must provide egg-laying hens housed therein--
                    ``(A) beginning four years after the date of 
                enactment of the Egg Products Inspection Act Amendments 
                of 2012 and until the date that is 15 years after the 
                date of enactment of the Egg Products Inspection Act 
                Amendments of 2012, 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 2012, 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.--Except as provided in paragraph 
        (3), all new caging devices must provide egg-laying hens housed 
        therein--
                    ``(A) beginning three years after the date of 
                enactment of the Egg Products Inspection Act Amendments 
                of 2012 and until the date that is six years after the 
                date of enactment of the Egg Products Inspection Act 
                Amendments of 2012, 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 six years after the date of 
                enactment of the Egg Products Inspection Act Amendments 
                of 2012 and until the date that is nine years after the 
                date of enactment of the Egg Products Inspection Act 
                Amendments of 2012, 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 nine years after the date of 
                enactment of the Egg Products Inspection Act Amendments 
                of 2012 and until the date that is 12 years after the 
                date of enactment of the Egg Products Inspection Act 
                Amendments of 2012, 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 2012 and until the date that is 15 years after the 
                date of enactment of the Egg Products Inspection Act 
                Amendments of 2012, 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 2012, 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.--All caging devices in 
        California must provide egg-laying hens housed therein--
                    ``(A) beginning January 1, 2015, and through 
                December 31, 2020, 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
                    ``(B) beginning January 1, 2021, 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.--Beginning two years after the date of enactment 
of the Egg Products Inspection Act Amendments of 2012, 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.
    ``(d) Forced Molting.--Beginning two years after the date of 
enactment of the Egg Products Inspection Act Amendments of 2012, no egg 
handler may subject any egg-laying hen under his ownership or control 
to feed-withdrawal or water-withdrawal molting.
    ``(e) Euthanasia.--Beginning two years after the date of enactment 
of the Egg Products Inspection Act Amendments of 2012, 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 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 contained in 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 18 years after the date of 
        enactment of the Egg Products Inspection Act Amendments of 
        2012, 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 production.--The requirements 
        contained in 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) Small producers.--Nothing contained in this section 
        shall apply to an egg handler who buys, sells, handles, or 
        processes eggs or egg products solely from one flock of not 
        more than 3,000 egg-laying hens.
``Sec. 7B. Phase-in conversion requirements
    ``(a) First Conversion Phase.--As of six years after the date of 
enactment of the Egg Products Inspection Act Amendments of 2012, 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.
    ``(b) Second Conversion Phase.--As of 12 years after the date of 
enactment of the Egg Products Inspection Act Amendments of 2012, 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.
    ``(c) Final Conversion Phase.--As of 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.
    ``(d) Compliance.--
            ``(1) At the end of six years after the date of enactment 
        of the Egg Products Inspection Act Amendments of 2012, the 
        Secretary shall determine, after having reviewed and analyzed 
        the results of an independent, national survey of caging 
        devices conducted in 2018, whether the requirements of 
        subsection (a) have been met. If the Secretary finds that the 
        requirements of subsection (a) 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.
            ``(2) At the end of 12 years after the date of enactment of 
        the Egg Products Inspection Act Amendments of 2012, 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 (b) and (c).
            ``(3) Notwithstanding section 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) in subsection (d), by inserting ``(other than 
        requirements with respect to housing, treatment, and house-
        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 one flock of not more than 3,000 egg-laying 
                hens.''.
    (d) Labeling.--Section 7 of the Egg Products Inspection Act of 1970 
(21 U.S.C. 1036) is amended in subsection (a) by inserting ``adequate 
housing-related labeling,'' after ``plant where the products were 
processed,''.
    (e) Limitation on Exemptions by Secretary.--Section 15 of the Egg 
Products Inspection Act of 1970 (21 U.S.C. 1044) is amended in 
subsection (a) by inserting ``, not including subsection (c) of section 
8,'' after ``exempt from specific provisions''.
    (f) Imports.--Section 17 of the Egg Products Inspection Act of 1970 
(21 U.S.C. 1046) is amended in paragraph (2) of subsection (a) 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''.

SEC. 3. ENFORCEMENT OF HEN HOUSING AND TREATMENT STANDARDS.

    (a) In General.--Section 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 one year after the date of enactment of 
the Egg Products Inspection Act Amendments of 2012, 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--
            ``(A) provided--
                    ``(i) beginning January 1, 2015, and through 
                December 31, 2020, 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, 2021, a minimum of 144 
                square inches of individual floor space per brown hen 
                and 124 square inches of individual floor space per 
                white hen; and
            ``(B) provided, beginning December 31, 2018, adequate 
        environmental enrichments.''; and
            (3) in subsection (e), as redesignated by paragraph (1), by 
        inserting ``7A,'' after ``section''.
    (b) Limitation on Authority of Secretary of Health and Human 
Services.--Section 13 of the Egg Products Inspection Act of 1970 (21 
U.S.C. 1042) is amended by inserting ``(with respect to violations 
other than those related to requirements with respect to housing, 
treatment, and housing-related labeling) the'' after ``Before any 
violation of this chapter is reported by the Secretary of Agriculture 
or''.

SEC. 4. STATE AND LOCAL AUTHORITY.

    Section 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 Production.--Requirements within the 
scope of this chapter 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 
chapter may not be imposed by any State or local jurisdiction. 
Otherwise the provisions of this chapter shall not invalidate any law 
or other provisions of any State or other jurisdiction in the absence 
of a conflict with this chapter.''; and
    (c) by inserting after subsection (e), as redesignated by 
subsection (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 18 years after the date of 
enactment of the Egg Products Inspection Act Amendments of 2012, 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.''.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect upon enactment.
                                 <all>