[Congressional Record Volume 158, Number 76 (Thursday, May 24, 2012)]
[Senate]
[Pages S3633-S3636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mrs. FEINSTEIN:
S. 3239. A bill to provide for a uniform national standard for the
housing and treatment of egg-laying hens, and for other purposes; to
the Committee on Agriculture, Nutrition, and Forestry.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation,
with Senators Blumenthal, Brown, Cantwell, Merkley, Vitter, and Wyden,
that will codify an agreement reached by the nation's largest egg
producer organization, the United Egg Producers, and the largest animal
welfare organization, the Humane Society of the United States.
In its most simple terms, the legislation sets a national standard
for the treatment of egg-laying hens and the labeling of eggs.
As of today, 6 States, including California, have set their own
standards about how egg-laying hens should be raised, and 18 other
States allow citizen ballot initiatives could initiate similar laws in
the future.
These State standards will make it difficult for egg producers to
freely ship across State lines.
Starting in 2015, eggs produced in Iowa, Indiana and other egg-
exporting states can no longer be shipped to California because the
hens will have been raised in cages that do not meet California's
standards.
Different standards in Michigan and Ohio will take effect later,
further adding to the patchwork of regulations.
As States with disparate standards continue to protect their own egg
producers by banning the sale of eggs from States with lower or no
standards, a complicated web of State laws will impair interstate
commerce.
I have met with a number of egg producers and their concerns vary.
For some producers, different regulations increase costs because new
cages must be designed for each State in which they operate.
Other producers fear that egg prices in states without regulations
will plummet as imports flood their market.
Some egg producers selling to national grocery stores will have to
produce eggs that meet different standards in different States.
Concerns don't end with producers.
Consumers can expect to see higher prices at grocery stores and
restaurants will have to pay more for every egg they prepare.
Millions of individuals, including myself, are concerned about the
living conditions of these animals.
That is why I am pleased to introduce this legislation today. The
United Egg Producers and the Humane Society of the United States worked
for over a year to reach this compromise, and I believe it is one that
strikes a very fair balance.
Producers must enlarge cages for egg-laying hens and allow space for
the birds to engage in natural behaviors such as nesting and perching.
Producers will have up to 18 years to meet this standard and make the
required investments.
The legislation will officially outlaw the practice of starving
chickens to increase egg-production, a cruel practice that is rarely
used today, and one with consensus to end.
The bill will also lead to improved air quality in hen-houses by
prohibiting excessive ammonia levels and it requires humane euthanasia
of spent hens. This is also already common practice in the industry.
At its heart, this legislation is about protecting the future of the
egg industry.
The egg industry brought this legislation to Congress and has asked
us to help them implement the uniform regulations needed to survive and
grow.
With this legislation, egg producers will have the market certainty
they need and a reasonable timetables to make the required changes.
Producers need these uniform national standards so they can invest in
new cages without facing the risk of more stringent state laws
rendering their investments moot.
The egg industry is prepared to make these investments, many of which
can be accomplished during the normal course of replacing aged
equipment.
In addition to promoting industry stability, this bill will save jobs
and strengthen the economy.
Furthermore, consumers are already embracing these reforms. Polls
indicate broad support for the provisions in this bill and for humane
treatment of egg-laying hens in general.
A recent survey found that 64 percent of Americans say that these
newer facilities should be required through Federal legislation.
A majority, 58 percent, of American consumers also support a national
standard.
The survey found 92 percent of consumers support the industry
transitioning to these new enriched cages.
Candidly, it is not often that we see this sort of compromise in
Washington.
Two groups that have been in fundamental conflict for years sat down
and reached a deal.
The egg industry and the Humane Society are lock-step in their
support for this bill. They are joined in endorsing the bill by the
American Veterinary Medical Association and the Consumer Federation of
America.
Even though the egg industry supports this bill, some still target
this legislation as anti-agriculture they suggest the legislation will
somehow be applied to, or set a precedent for Federal regulation of
other industries.
That is simply not the case.
[[Page S3634]]
I want to be clear: requirements in the Egg Products Inspection Act
Amendments of 2012 only apply to the production of eggs. The bill will
not affect any other agricultural product including beef, pork, poultry
and milk.
This legislation is a responsible compromise between those who
advocate for more humane treatment for egg-laying hens and those who
put breakfast on our tables.
I hope that even in this partisan climate we can enact this
commonsense and widely endorsed legislation.
This legislation protects restaurants, bakers, food processors and
American consumers from unnecessarily high egg prices. It protects egg
producers from having eggs they can't sell.
This legislation is a reasonable, widely-supported solution to a
real, costly and growing problem. The bill has the support of the
United Egg Producers, which represents nearly 90 percent of the
Nation's egg industry, as well as nine state and regional egg producer
groups, more than 100 individual egg farms and more than 880 other
family farms.
I urge you to join me in supporting this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3239
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
[[Page S3635]]
``(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:
[[Page S3636]]
``(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.
______