Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 147 Fourth Substitute (2021GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• beginning January 1, 2025, prohibits farm owners and operators from confining egg-laying hens in an enclosure that is not a cage-free housing system or that has less usable floor space per hen than required by specific industry guidelines, with certain exceptions;
• designates the Department of Agriculture and Food as the entity to enforce the provisions of this bill; and
• requires the Department of Agriculture and Food to provide a report to the Business and Labor Interim Committee.

Every vote on this bill

Bill text

CONFINEMENT OF EGG-LAYING HENS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
Joel Ferry
LONG TITLE
General Description:
This bill makes changes to the Agricultural Code regarding the confinement of
egg-laying hens.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ beginning January 1, 2025, prohibits farm owners and operators from confining
egg-laying hens in an enclosure that is not a cage-free housing system or that has
less usable floor space per hen than required by specific industry guidelines, with
certain exceptions;
▸ designates the Department of Agriculture and Food as the entity to enforce the
provisions of this bill; and
▸ requires the Department of Agriculture and Food to provide a report to the Business
and Labor Interim Committee.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
4-4a-101
, Utah Code Annotated 1953
4-4a-102
, Utah Code Annotated 1953
4-4a-103
, Utah Code Annotated 1953
4-4a-104
, Utah Code Annotated 1953
4-4a-105
, Utah Code Annotated 1953
4-4a-106
, Utah Code Annotated 1953
4-4a-107
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-4a-101
 is enacted to read:
CHAPTER 4a. CONFINEMENT OF EGG-LAYING HENS
 4-4a-101.
Title.
This chapter is known as "Confinement of Egg-Laying Hens."
Section 2. Section 
4-4a-102
 is enacted to read:
 4-4a-102.
Definitions.
As used in this chapter:
(1) (a) "Cage-free housing system" means an indoor or outdoor controlled environment
for egg-laying hens where:
(i) for an indoor environment, the egg-laying hens are free to roam unrestricted except
by the following:
(A) exterior walls; or
(B) interior fencing used to contain the entire egg-laying hen flock within the building
or subdivide flocks into smaller groups if farm employees can walk through each contained or
subdivided area to provide care to egg-laying hens and if each egg-laying hen has at least the
amount of usable floor space per hen required by the 2017 edition of the United Egg Producers'
Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing;
(ii) egg-laying hens are provided enrichments that allow them to exhibit natural
behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas;
and
(iii) farm employees can provide care while standing within the egg-laying hens' usable
floor space.
(b) "Cage-free housing system" includes, to the extent the system is a system described
in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially
slatted system, single-level all-litter floor system, and any future system that is a system
described in Subsection (1)(a) and is not excluded by Subsection (1)(c).
(c) "Cage-free housing system" does not include systems commonly described as
battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible
cages, furnished cages, or similar cage systems.
(2) "Egg-laying hen" means a female domesticated chicken kept for the purpose of
commercial egg production.
(3) "Enclosure" means a structure used to confine an egg-laying hen.
(4) (a) "Farm" means the land, buildings, support facilities, and other equipment that
are wholly or partially used for the commercial production of animals or animal products used
for food.
(b) "Farm" does not include live animal markets or official plants at which mandatory
inspection is maintained under the federal Egg Products Inspection Act, 21 U.S.C. Sec. 1031 et
seq.
(5) "Farm owner or operator" means a person that owns a controlling interest in a farm
or controls the operations of a farm.
(6) "Multi-tiered aviary" means a cage-free housing system where egg-laying hens have
unfettered access to multiple elevated flat platforms that provide the egg-laying hens with
usable floor space both on top of and underneath the platforms.
(7) "Partially slatted system" means a cage-free housing system where egg-laying hens
have unfettered access to elevated flat platforms under which manure drops through the
flooring to a pit or litter removal belt below.
(8) "Shell egg" means a whole egg of an egg-laying hen in the egg's shell form,
intended for use as human food.
(9) "Single-level all-litter floor system" means a cage-free housing system bedded with
litter where egg-laying hens have limited or no access to elevated flat platforms.
(10) (a) "Usable floor space" means the total square footage of floor space provided to
each egg-laying hen, as calculated by dividing the total square footage of floor space provided
to egg-laying hens in an enclosure by the total number of egg-laying hens in that enclosure.
(b) "Usable floor space" includes both ground space and elevated level or nearly level
flat platforms upon which hens can roost, but does not include perches or ramps.
Section 3. Section 
4-4a-103
 is enacted to read:
 4-4a-103.
Prohibitions.
Beginning on January 1, 2025, a farm owner or operator may not knowingly confine an
egg-laying hen in an enclosure:
(1) that is not a cage-free housing system; or
(2) that has less than the amount of usable floor space per hen as required by the 2017
edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying
Flocks: Guidelines for Cage-Free Housing.
Section 4. Section 
4-4a-104
 is enacted to read:
 4-4a-104.
Confinement exemptions.
Section 
4-4a-103
 does not apply to an egg-laying hen:
(1) used for medical research;
(2) during examination, testing, individual treatment, or operation for veterinary
purposes, but only if performed by or under the direct supervision of a licensed veterinarian;
(3) during transportation;
(4) at state or county fair exhibitions, 4-H programs, and similar exhibitions;
(5) during slaughter conducted in accordance with applicable laws, rules, and
regulations; or
(6) kept for temporary animal husbandry purposes of no more than six hours in any
24-hour period and no more than 24 hours total in any 30-day period.
Section 5. Section 
4-4a-105
 is enacted to read:
 4-4a-105.
 De minimis exemptions for shell eggs.
This chapter does not apply to the production of shell eggs in the state by a farm with
fewer than 3,000 egg-laying hens.
Section 6. Section 
4-4a-106
 is enacted to read:
 4-4a-106.
Enforcement.
(1) The department shall enforce this chapter.
(2) A person subject to this chapter shall allow the department access during regular
business hours to facilities and records pertinent to activities subject to this chapter.
(3) The department shall, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules governing the inspection of farms to ensure
compliance with this chapter.
(4) (a) The department may use an inspection provider or process verification provider
to ensure compliance with this chapter.
(b) To rely on an inspection provider or process verification provider, the department
must approve the specific inspection provider or process verification provider as competent to
ensure compliance with this chapter.
(5) (a) If the department determines that a person subject to this chapter is in violation
of a provision of this chapter or a rule adopted under this chapter, the department shall provide
the person with a written notice that:
(i) describes each violation identified by the department; and
(ii) states a reasonable deadline by which the person is required to cure the violation.
(b) If a person who receives a notice issued under Subsection (5)(a) does not cure a
violation identified in the notice before the deadline stated in the notice, the department may
impose a civil fine of $100 per written notice, regardless of the number of violations identified
in the notice.
(c) If a violation is not cured after the department provides a person with written notice
of the violation and a reasonable opportunity to cure, the department may seek a temporary
restraining order or permanent injunction to prevent further violation of this chapter.
Section 7. Section 
4-4a-107
 is enacted to read:
 4-4a-107.
Report.
(1) The department shall provide a report on this chapter to the Business and Labor
Interim Committee during or before the November interim meeting in 2023.
(2) The report described in Subsection (1) shall include an update on:
(a) efforts taken by farm owners and operators to come into compliance with Section
4-4a-103
; and
(b) the retail demand for and conditions related to the sale of cage-free eggs.