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7 LONG TITLE
8 General Description:
9 This bill makes changes to the Agricultural Code regarding the confinement of
10 egg-laying hens.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ beginning January 1, 2025, prohibits farm owners and operators from confining
15 egg-laying hens in an enclosure that is not a cage-free housing system or that has
16 less usable floor space per hen than required by specific industry guidelines, with
17 certain exceptions; and
18 ▸ designates the Department of Agriculture and Food as the entity to enforce the
19 provisions of this bill.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 4-4a-101, Utah Code Annotated 1953
27 4-4a-102, Utah Code Annotated 1953
28 4-4a-103, Utah Code Annotated 1953
29 4-4a-104, Utah Code Annotated 1953
30 4-4a-105, Utah Code Annotated 1953
31 4-4a-106, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 4-4a-101 is enacted to read:
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36 4-4a-101. Title.
37 This chapter is known as "Confinement of Egg-Laying Hens."
38 Section 2. Section 4-4a-102 is enacted to read:
39 4-4a-102. Definitions.
40 As used in this chapter:
41 (1) (a) "Cage-free housing system" means an indoor or outdoor controlled environment
42 for egg-laying hens where:
43 (i) for an indoor environment, the egg-laying hens are free to roam unrestricted except
44 by the following:
45 (A) exterior walls; or
46 (B) interior fencing used to contain the entire egg-laying hen flock within the building
47 or subdivide flocks into smaller groups if farm employees can walk through each contained or
48 subdivided area to provide care to egg-laying hens and if each egg-laying hen has at least the
49 amount of usable floor space per hen required by the 2017 edition of the United Egg Producers'
50 Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing;
51 (ii) egg-laying hens are provided enrichments that allow them to exhibit natural
52 behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas;
53 and
54 (iii) farm employees can provide care while standing within the egg-laying hens' usable
55 floor space.
56 (b) "Cage-free housing system" includes, to the extent the system is a system described
57 in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially
58 slatted system, single-level all-litter floor system, and any future system that is a system
59 described in Subsection (1)(a) and is not excluded by Subsection(1)(c).
60 (c) "Cage-free housing system" does not include systems commonly described as
61 battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible
62 cages, furnished cages, or similar cage systems.
63 (2) "Egg-laying hen" means a female domesticated chicken kept for the purpose of
64 commercial egg production.
65 (3) "Enclosure" means a structure used to confine an egg-laying hen.
66 (4) (a) "Farm" means the land, buildings, support facilities, and other equipment that
67 are wholly or partially used for the commercial production of animals or animal products used
68 for food.
69 (b) "Farm" does not include live animal markets or official plants at which mandatory
70 inspection is maintained under the federal Egg Products Inspection Act, 21 U.S.C. Sec. 1031 et
71 seq.
72 (5) "Farm owner or operator" means a person that owns a controlling interest in a farm
73 or controls the operations of a farm.
74 (6) "Multi-tiered aviary" means a cage-free housing system where egg-laying hens have
75 unfettered access to multiple elevated flat platforms that provide the egg-laying hens with
76 usable floor space both on top of and underneath the platforms.
77 (7) "Partially slatted system" means a cage-free housing system where egg-laying hens
78 have unfettered access to elevated flat platforms under which manure drops through the
79 flooring to a pit or litter removal belt below.
80 (8) "Shell egg" means a whole egg of an egg-laying hen in the egg's shell form,
81 intended for use as human food.
82 (9) "Single-level all-litter floor system" means a cage-free housing system bedded with
83 litter where egg-laying hens have limited or no access to elevated flat platforms.
84 (10) (a) "Usable floor space" means the total square footage of floor space provided to
85 each egg-laying hen, as calculated by dividing the total square footage of floor space provided
86 to egg-laying hens in an enclosure by the total number of egg-laying hens in that enclosure.
87 (b) "Usable floor space" includes both ground space and elevated level or nearly level
88 flat platforms upon which hens can roost, but does not include perches or ramps.
89 Section 3. Section 4-4a-103 is enacted to read:
90 4-4a-103. Prohibitions.
91 Beginning on January 1, 2025, a farm owner or operator may not knowingly confine an
92 egg-laying hen in an enclosure:
93 (1) that is not a cage-free housing system; or
94 (2) that has less than the amount of usable floor space per hen as required by the 2017
95 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying
96 Flocks: Guidelines for Cage-Free Housing.
97 Section 4. Section 4-4a-104 is enacted to read:
98 4-4a-104. Confinement exemptions.
99 Section 4-4a-103 does not apply to an egg-laying hen:
100 (1) used for medical research;
101 (2) during examination, testing, individual treatment, or operation for veterinary
102 purposes, but only if performed by or under the direct supervision of a licensed veterinarian;
103 (3) during transportation;
104 (4) at state or county fair exhibitions, 4-H programs, and similar exhibitions;
105 (5) during slaughter conducted in accordance with applicable laws, rules, and
106 regulations; or
107 (6) kept for temporary animal husbandry purposes of no more than six hours in any
108 24-hour period and no more than 24 hours total in any 30-day period.
109 Section 5. Section 4-4a-105 is enacted to read:
110 4-4a-105. De minimis exemptions for shell eggs.
111 This chapter does not apply to the production of shell eggs in the state by a farm with
112 fewer than 3,000 egg-laying hens.
113 Section 6. Section 4-4a-106 is enacted to read:
114 4-4a-106. Enforcement.
115 (1) The department shall enforce this chapter.
116 (2) A person subject to this chapter shall allow the department access during regular
117 business hours to facilities and records pertinent to activities subject to this chapter.
118 (3) The department shall, in accordance with Title 63G, Chapter 3, Utah
119 Administrative Rulemaking Act, make rules governing the inspection of farms to ensure
120 compliance with this chapter.
121 (4) (a) The department may use an inspection provider or process verification provider
122 to ensure compliance with this chapter.
123 (b) To rely on an inspection provider or process verification provider, the department
124 must approve the specific inspection provider or process verification provider as competent to
125 ensure compliance with this chapter.
126 (5) (a) If the department determines that a person subject to this chapter is in violation
127 of a provision of this chapter or a rule adopted under this chapter, the department shall provide
128 the person with a written notice that:
129 (i) describes each violation identified by the department; and
130 (ii) states a reasonable deadline by which the person is required to cure the violation.
131 (b) If a person who receives a notice issued under Subsection (5)(a) does not cure a
132 violation identified in the notice before the deadline stated in the notice, the department may
133 impose a civil fine of $100 per written notice, regardless of the number of violations identified
134 in the notice.
135 (c) If a violation is not cured after the department provides a person with written notice
136 of the violation and a reasonable opportunity to cure, the department may seek a temporary
137 restraining order or permanent injunction to prevent further violation of this chapter.