Representative Casey Snider proposes the following substitute bill:


1     
CONFINEMENT OF EGG-LAYING HENS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
House Sponsor: Joel Ferry

6     

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
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 4-4a-101 is enacted to read:
35     
CHAPTER 4a. CONFINEMENT OF EGG-LAYING HENS

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.