[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.
                                 ______