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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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

Spectrum: Committee Bill

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

Download: Oregon-2011-SB805-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1661

                         Senate Bill 805

Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates offense of unlawfully confining egg-laying hen.
Punishes by maximum fine of $720.
  Creates offense of unlawfully selling eggs. Punishes by maximum
fine of $720.
  Sunsets certain provisions on January 1, 2019.

                        A BILL FOR AN ACT
Relating to egg-laying hens.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 3 of this 2011 Act:
  (1) 'Egg' means any whole egg of an egg-laying hen.
  (2) 'Egg-laying hen' means any female domesticated chicken,
turkey, duck, goose or guinea fowl that is kept for the purpose
of egg production.
  (3) 'Enclosure' means any cage, crate or other structure used
to confine an egg-laying hen.
  (4) '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.
  (5) 'Farm owner or operator' means any person who owns or
controls the operation of a farm. 'Farm owner or operator' does
not mean a contractor, consultant or nonmanagement employee.
  (6) 'Fully extending and flapping her wings' means:
  (a) That each egg-laying hen has at least 1-1/2 square feet of
individually usable floor space; and
  (b) That an egg-laying hen has sufficient space to fully extend
and flap both wings without touching the side of an enclosure or
another egg-laying hen.
  (7) 'Turning around freely' means that an egg-laying hen is
able to turn in a complete circle without any impediment and
without touching the side of an enclosure or another egg-laying
hen. + }
  SECTION 2.  { + (1) A person commits the offense of unlawfully
confining an egg-laying hen if the person is a farm owner or
operator who, for the majority of any 24-hour period, confines an
egg-laying hen in an enclosure, located on a farm, that:
  (a) Prevents the egg-laying hen from:
  (A) Lying down;
  (B) Standing up;
  (C) Turning around freely; or
  (D) Fully extending and flapping her wings; or
  (b) Is stacked or otherwise placed above or below another
enclosure.
  (2) Subsection (1) of this section does not apply:
  (a) During medical research, veterinary treatment or an
examination or operation conducted for veterinary purposes.
  (b) During the transportation of egg-laying hens.
  (c) During state or county fair exhibitions, programs conducted
by youth development organizations or any other similar
exhibition or program.
  (d) During the slaughter of an egg-laying hen, if the slaughter
is otherwise in compliance with applicable law.
  (e) To a farm owner or operator who provides each egg-laying
hen with at least 67 square inches of individually usable floor
space, if the farm at which the egg-laying hens are confined has,
since any date before January 1, 2011, continuously been operated
for the purpose of the commercial production of eggs.
  (3) The offense of unlawfully confining an egg-laying hen is a
Class A violation. + }
  SECTION 3.  { + (1) A person commits the offense of unlawfully
selling eggs if:
  (a) The person sells, or offers for sale, an egg in this state;
  (b) The egg is intended for human consumption; and
  (c) The person knows, or reasonably should know, that the egg
is the product of an egg-laying hen that was confined, during the
production of the egg, in an enclosure that fails to provide each
egg-laying hen with at least 67 square inches of individually
usable floor space.
  (2) The offense of unlawfully selling eggs is a Class A
violation. + }
  SECTION 4.  { + Nothing in sections 1 to 3 of this 2011 Act
prohibits a city, county or other local government body from
enacting and enforcing local animal welfare laws. + }
  SECTION 5.  { + The amendments to sections 1 and 2 of this 2011
Act by sections 6 and 7 of this 2011 Act become operative on
January 1, 2019. + }
  SECTION 6. Section 2 of this 2011 Act is amended to read:
   { +  Sec. 2. + } (1) A person commits the offense of
unlawfully confining an egg-laying hen if the person is a farm
owner or operator who, for the majority of any 24-hour period,
confines an egg-laying hen in an enclosure, located on a farm,
that:
  (a) Prevents the egg-laying hen from:
  (A) Lying down;
  (B) Standing up;
  (C) Turning around freely; or
  (D) Fully extending and flapping her wings; or
  (b) Is stacked or otherwise placed above or below another
enclosure.
  (2) Subsection (1) of this section does not apply { +
during + }:
  (a)   { - During - }  Medical research, veterinary treatment or
an examination or operation conducted for veterinary purposes.
  (b)   { - During - }  The transportation of egg-laying hens.
  (c)   { - During - }  State or county fair exhibitions,
programs conducted by youth development organizations or any
other similar exhibition or program.
  (d)   { - During - }  The slaughter of an egg-laying hen, if
the slaughter is otherwise in compliance with applicable law.
    { - (e) To a farm owner or operator who provides each
egg-laying hen with at least 67 square inches of individually
usable floor space, if the farm at which the egg-laying hens are
confined has, since any date before January 1, 2011, continuously
been operated for the purpose of the commercial production of
eggs. - }
  (3) The offense of unlawfully confining an egg-laying hen is a
Class A violation.
  SECTION 7. Section 3 of this 2011 Act is amended to read:
   { +  Sec. 3. + } (1) A person commits the offense of
unlawfully selling eggs if:
  (a) The person sells, or offers for sale, an egg in this state;
  (b) The egg is intended for human consumption; and
  (c) The person knows, or reasonably should know, that the egg
is the product of an egg-laying hen that was confined, during the
production of the egg,   { - in an enclosure that fails to
provide each egg-laying hen with at least 67 square inches of
individually usable floor space - }  { +  in violation of section
2 of this 2011 Act + }.
  (2) The offense of unlawfully selling eggs is a Class A
violation.
                         ----------