Bill Text: OR SB805 | 2011 | Regular Session | Enrolled


Bill Title: Relating to egg-laying hens; appropriating money; and declaring an emergency.

Spectrum: Partisan Bill (? 1-0)

Status: (Passed) 2011-06-22 - Effective date, June 17, 2011. [SB805 Detail]

Download: Oregon-2011-SB805-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 805

Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                     CHAPTER ................

                             AN ACT

Relating to egg-laying hens; appropriating money; and declaring
  an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + As used in sections 1 to 4 of this 2011 Act:
  (1) 'Commercial farm' means the land, buildings and support
facilities that are used for the commercial production of animals
or animal products used for food or fiber.
  (2) 'Commercial farm owner or operator' means any person who
owns or controls the operation of a commercial farm.  '
Commercial farm owner or operator' does not mean a contractor,
consultant or nonmanagement employee.
  (3) 'Egg' means an egg, in the shell, from an egg-laying hen.
  (4) 'Egg-laying hen' means any female domesticated chicken,
turkey, duck, goose or guinea fowl that is kept for the purpose
of egg production.
  (5) 'Egg products' has the meaning given that term in ORS
632.705, except that 'egg products' does not include the
following products when those products are prepared from
inspected egg products or eggs and contain no more restricted
eggs than are allowed in the official standards for United States
Consumer Grade B shell eggs:
  (a) Freeze-dried products;
  (b) Imitation egg products;
  (c) Egg substitutes;
  (d) Dietary foods;
  (e) Dried no-bake custard mixes;
  (f) Eggnog mixes;
  (g) Acidic dressings;
  (h) Noodles;
  (i) Milk and egg dips;
  (j) Cake mixes;
  (k) French toast; and
  (L) Sandwiches containing eggs or egg products.
  (6) 'Enclosure' means any cage, crate or other structure used
to confine an egg-laying hen. + }
  SECTION 2. { +  A commercial farm owner or operator may not
confine an egg-laying hen in an enclosure that fails to comply
with the rules adopted by the State Department of Agriculture
under section 4 of this 2011 Act. + }
  SECTION 3.  { + A person may not sell eggs or egg products that
the person knows, or reasonably should know, are the product of
an egg-laying hen that has been confined, during the production

Enrolled Senate Bill 805 (SB 805-B)                        Page 1

of the eggs, in an enclosure that fails to comply with the rules
adopted by the State Department of Agriculture under section 4 of
this 2011 Act. + }
  SECTION 4.  { + (1) The State Department of Agriculture shall
adopt rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of sections 1 to 4 of this
2011 Act. The rules must:
  (a) Be designed to promote humane welfare standards;
  (b) Be effective in protecting consumers from food-borne
pathogens;
  (c) Require that enclosures constructed or otherwise acquired
before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and
  (d) Require that enclosures constructed or otherwise acquired
on or after January 1, 2012, meet, or be convertible into
enclosures that meet, standards equivalent to the requirements
for certification of enriched colony facility systems established
in the American Humane Association's farm animal welfare
certification program.
  (2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
sections 1 to 4 of this 2011 Act.
  (3) Upon renewal of an egg handler's license described in ORS
632.715 or a commercial egg breaker's permit described in ORS
632.730, a commercial farm owner or operator that is engaged in
the commercial production of eggs in this state shall provide the
department with a business plan describing the manner by which
the commercial farm intends to comply with the rules adopted
pursuant to the amendments to this section by section 9 of this
2011 Act.  Notwithstanding ORS 192.501 or 192.502, the business
plan is a public record subject to full disclosure. + }

                               { +
JULY 1, 2015 + }

  SECTION 5. Section 4 of this 2011 Act is amended to read:
   { +  Sec. 4. + } (1) The State Department of Agriculture shall
adopt rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of sections 1 to 4 of this
2011 Act. The rules must:
  (a) Be designed to promote humane welfare standards;
  (b) Be effective in protecting consumers from food-borne
pathogens;
  (c) Require that enclosures constructed or otherwise acquired
before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and
  (d) Require that enclosures constructed or otherwise acquired
on or after January 1, 2012, meet, or be convertible into
enclosures that meet, standards equivalent to the requirements
for certification of enriched colony facility systems established
in the American Humane Association's farm animal welfare
certification program.
  (2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
sections 1 to 4 of this 2011 Act.

Enrolled Senate Bill 805 (SB 805-B)                        Page 2

   { +  (3) The department shall inspect at reasonable times
commercial farms engaged in the production of eggs for the
purpose of enforcing the provisions of sections 1 to 4 of this
2011 Act.
  (4) The department may fix, assess and collect, or cause to be
collected, from commercial farm owners or operators fees for the
inspections performed by employees or agents of the department
under subsection (3) of this section. The fees must have a
uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative
duties under sections 1 to 4 of this 2011 Act. The department
shall adjust the fees under this subsection to meet any expenses
necessary to carry out subsection (3) of this section and may
prescribe a different fee scale for different localities. The
department may prescribe a reasonable charge to be paid by
commercial farm owners or operators for travel expenses and other
related services if inspections under this section involve
unusual cost to the department. Moneys from fees and charges
collected by the department under this subsection must be
deposited in the Department of Agriculture Service Fund and are
continuously appropriated to the department to be used for the
purpose of enforcing sections 1 to 4 of this 2011 Act. + }
    { - (3) - }  { +  (5)(a) + } Upon renewal of an egg handler's
license described in ORS 632.715 or a commercial egg breaker's
permit described in ORS 632.730, a commercial farm owner or
operator that is engaged in the commercial production of eggs in
this state shall provide the department with a business plan
describing the manner by which the commercial farm intends to
comply with the rules adopted pursuant to the amendments to this
section by section 9 of this 2011 Act. Notwithstanding ORS
192.501 or 192.502, the business plan is a public record subject
to full disclosure.
   { +  (b) The department shall report annually to the
Legislative Assembly on the rate at which commercial farm owners
or operators that are engaged in the commercial production of
eggs in this state are complying with the business plans
submitted to the department under paragraph (a) of this
subsection. + }
  SECTION 6.  { + The amendments to section 4 of this 2011 Act by
section 5 of this 2011 Act become operative on July 1, 2015. + }

                               { +
JANUARY 1, 2017 + }

  SECTION 7. Section 4 of this 2011 Act, as amended by section 5
of this 2011 Act, is amended to read:
   { +  Sec. 4. + } (1) The State Department of Agriculture shall
adopt rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of sections 1 to 4 of this
2011 Act. The rules must:
  (a) Be designed to promote humane welfare standards;
  (b) Be effective in protecting consumers from food-borne
pathogens;
  (c) Require that enclosures constructed or otherwise acquired
before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and
  (d) Require that enclosures constructed or otherwise acquired
on or after January 1, 2012, meet  { - , or be convertible into

Enrolled Senate Bill 805 (SB 805-B)                        Page 3

enclosures that meet, - }  standards equivalent to the
requirements for certification of enriched colony facility
systems established in the American Humane Association's farm
animal welfare certification program. { +  In no event may the
rules authorize confining an egg-laying hen in an enclosure that
provides less than 116.3 square inches of individually usable
floor space per hen. + }
  (2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
sections 1 to 4 of this 2011 Act.
  (3) The department shall inspect at reasonable times commercial
farms engaged in the production of eggs for the purpose of
enforcing the provisions of sections 1 to 4 of this 2011 Act.
  (4) The department may fix, assess and collect, or cause to be
collected, from commercial farm owners or operators fees for the
inspections performed by employees or agents of the department
under subsection (3) of this section. The fees must have a
uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative
duties under sections 1 to 4 of this 2011 Act. The department
shall adjust the fees under this subsection to meet any expenses
necessary to carry out subsection (3) of this section and may
prescribe a different fee scale for different localities. The
department may prescribe a reasonable charge to be paid by
commercial farm owners or operators for travel expenses and other
related services if inspections under this section involve
unusual cost to the department. Moneys from fees and charges
collected by the department under this subsection must be
deposited in the Department of Agriculture Service Fund and are
continuously appropriated to the department to be used for the
purpose of enforcing sections 1 to 4 of this 2011 Act.
  (5)(a) Upon renewal of an egg handler's license described in
ORS 632.715 or a commercial egg breaker's permit described in ORS
632.730, a commercial farm owner or operator that is engaged in
the commercial production of eggs in this state shall provide the
department with a business plan describing the manner by which
the commercial farm intends to comply with  { + the aspirational
goals established by the Legislative Assembly in section 8a of
this 2011 Act and  + }the rules adopted pursuant to the
amendments to this section by section 9 of this 2011 Act.
Notwithstanding ORS 192.501 or 192.502, the business plan is a
public record subject to full disclosure.
  (b) The department shall report annually to the Legislative
Assembly on the rate at which commercial farm owners or operators
that are engaged in the commercial production of eggs in this
state are complying with the business plans submitted to the
department under paragraph (a) of this subsection.
  SECTION 8.  { + The amendments to section 4 of this 2011 Act by
section 7 of this 2011 Act become operative on January 1,
2017. + }

                               { +
CONVERSION GOALS FOR JANUARY 1, 2020 + }

  SECTION 8a.  { + The Legislative Assembly finds and declares
that, in order to successfully comply with the rules adopted
pursuant to section 4 of this 2011 Act, as amended by section 9
of this 2011 Act, no less than 25 percent of the enclosures used
to confine egg-laying hens should, no later than January 1, 2020,
meet standards equivalent to the requirements for certification

Enrolled Senate Bill 805 (SB 805-B)                        Page 4

of enriched colony facility systems established in the American
Humane Association's farm animal welfare program, as described in
the rules adopted by the State Department of Agriculture under
section 4 of this 2011 Act. + }
  SECTION 8b.  { + Section 8a of this 2011 Act becomes operative
on January 1, 2017. + }

                               { +
CONVERSION GOALS FOR JANUARY 1, 2023 + }

  SECTION 8c. Section 8a of this 2011 Act is amended to read:
   { +  Sec. 8a. + } The Legislative Assembly finds and declares
that, in order to successfully comply with the rules adopted
pursuant to section 4 of this 2011 Act, as amended by section 9
of this 2011 Act, no less than   { - 25 - }  { +  65 + } percent
of the enclosures used to confine egg-laying hens should, no
later than January 1,   { - 2020 - }  { +  2023 + }, meet
standards equivalent to the requirements for certification of
enriched colony facility systems established in the American
Humane Association's farm animal welfare program, as described in
the rules adopted by the State Department of Agriculture under
section 4 of this 2011 Act.
  SECTION 8d.  { + The amendments to section 8a of this 2011 Act
by section 8c of this 2011 Act become operative on January 1,
2020. + }

                               { +
JANUARY 1, 2026 + }

  SECTION 9. Section 4 of this 2011 Act, as amended by sections 5
and 7 of this 2011 Act, is amended to read:
   { +  Sec. 4. + } (1) The State Department of Agriculture shall
adopt rules regulating the manner in which egg-laying hens may be
confined in an enclosure for purposes of sections 1 to 4 of this
2011 Act. The rules must:
  (a) Be designed to promote humane welfare standards;
  (b) Be effective in protecting consumers from food-borne
pathogens; { +  and + }
    { - (c) Require that enclosures constructed or otherwise
acquired before January 1, 2012, meet standards equivalent to the
requirements for certification established in the United Egg
Producers' Animal Husbandry Guidelines for U.S. Egg Laying
Flocks; and - }
    { - (d) - }  { +  (c) + } Require that enclosures
 { - constructed or otherwise acquired on or after January 1,
2012, - }  meet standards equivalent to the requirements for
certification of enriched colony facility systems established in
the American Humane Association's farm animal welfare
certification program. In no event may the rules authorize
confining an egg-laying hen in an enclosure that provides less
than 116.3 square inches of individually usable floor space per
hen.
  (2) The department may impose a civil penalty pursuant to ORS
183.745, not to exceed $2,500, for violation of a provision of
sections 1 to 4 of this 2011 Act.
  (3) The department shall inspect at reasonable times commercial
farms engaged in the production of eggs for the purpose of
enforcing the provisions of sections 1 to 4 of this 2011 Act.
  (4) The department may fix, assess and collect, or cause to be
collected, from commercial farm owners or operators fees for the

Enrolled Senate Bill 805 (SB 805-B)                        Page 5

inspections performed by employees or agents of the department
under subsection (3) of this section. The fees must have a
uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative
duties under sections 1 to 4 of this 2011 Act. The department
shall adjust the fees under this subsection to meet any expenses
necessary to carry out subsection (3) of this section and may
prescribe a different fee scale for different localities. The
department may prescribe a reasonable charge to be paid by
commercial farm owners or operators for travel expenses and other
related services if inspections under this section involve
unusual cost to the department. Moneys from fees and charges
collected by the department under this subsection must be
deposited in the Department of Agriculture Service Fund and are
continuously appropriated to the department to be used for the
purpose of enforcing sections 1 to 4 of this 2011 Act.
    { - (5)(a) Upon renewal of an egg handler's license described
in ORS 632.715 or a commercial egg breaker's permit described in
ORS 632.730, a commercial farm owner or operator that is engaged
in the commercial production of eggs in this state shall provide
the department with a business plan describing the manner by
which the commercial farm intends to comply with the aspirational
goals established by the Legislative Assembly in section 7a of
this 2011 Act and the rules adopted pursuant to the amendments to
this section by section 9 of this 2011 Act. Notwithstanding ORS
192.501 or 192.502, the business plan is a public record subject
to full disclosure. - }
    { - (b) The department shall report annually to the
Legislative Assembly on the rate at which commercial farm owners
or operators that are engaged in the commercial production of
eggs in this state are complying with the business plans
submitted to the department under paragraph (a) of this
subsection. - }
  SECTION 10. { +  The amendments to section 4 of this 2011 Act
by section 9 of this 2011 Act become operative on January 1,
2026. + }
  SECTION 10a.  { + Section 8a of this 2011 Act is repealed on
January 1, 2026. + }

                               { +
MISCELLANEOUS PROVISIONS + }

  SECTION 11.  { + (1) Sections 1 to 4 of this 2011 Act become
operative on January 1, 2012.
  (2) The State Department of Agriculture may adopt rules or take
any other action before the operative date specified in
subsection (1) of this section that is necessary to enable the
department to exercise, on and after the operative date specified
in subsection (1) of this section, all the duties, functions and
powers conferred on the department by this 2011 Act. + }
  SECTION 12.  { + The unit captions used in this 2011 Act are
provided for the convenience of the reader and do not become part
of the statutory law of this state or express any legislative
intent in the enactment of this 2011 Act. + }
  SECTION 13. { +  In addition to and not in lieu of any other
appropriation, there is appropriated to the State Department of
Agriculture, for the biennium beginning July 1, 2011, out of the
General Fund, the amount of $65,470 for the purpose of carrying
out the provisions of this 2011 Act. + }

Enrolled Senate Bill 805 (SB 805-B)                        Page 6

                               { +
EMERGENCY CLAUSE + }

  SECTION 14.  { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
                         ----------

Passed by Senate May 25, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 6, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 805 (SB 805-B)                        Page 7

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 805 (SB 805-B)                        Page 8
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