Egg Products Inspection Act Amendments of 2013 - Amends the Egg Products Inspection Act to revise provisions concerning housing and treatment of egg-laying hens and enforcement of such requirements.
Sets forth separate caging device and environmental and housing conversion provisions for California.
Directs the Secretary of Agriculture (USDA) to delegate to the California Department of Food and Agriculture certain enforcement authority 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 this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1731 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1731
To provide for a uniform national standard for the housing and
treatment of egg-laying hens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 25, 2013
Mr. Schrader (for himself, Mr. Denham, Mr. Farr, Mr. Fitzpatrick, Mr.
Campbell, and Mr. Huffman) introduced the following bill; which was
referred to the Committee on Agriculture
_______________________________________________________________________
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 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 (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>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Livestock, Rural Development, and Credit.
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