[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 820 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 820

    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

                             April 25, 2013

Mrs. Feinstein (for herself, Ms. Stabenow, and Ms. Collins) 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 2013''.

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.
    ``(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 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:

``SEC. 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.--
        Notwithstanding 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) 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 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 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 production.--The 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) 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 under subsection (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.

``SEC. 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, 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) Requirements met.--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) Requirements not met.--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) 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, 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 law.--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), 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) Labeling.--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 Secretary.--Section 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) Imports.--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''.

SEC. 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 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''.

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 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 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, 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 on the date of enactment of this Act.
                                 <all>