S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3630
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to  provid-
   ing for cage-free egg production
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds the following:
   a.   According  to  the  Pew  Commission  on  Industrial  Farm  Animal
 Production, food animals that are treated  well  and  provided  with  at
 least  minimum  accommodation  of  their  natural behaviors and physical
 needs are healthier and safer for human consumption.
   b. A key finding from the World Health Organization and Food and Agri-
 cultural Organization of the United Nations Salmonella  Risk  Assessment
 was  that  reducing  flock prevalence results in a directly proportional
 reduction in human health risk.
   c. Egg-laying hens subjected to stress are more likely to have  higher
 levels  of pathogens in their intestines and the conditions increase the
 likelihood that consumers will be exposed to higher levels of food-borne
 pathogens.
   d. Salmonella is the most commonly diagnosed food-borne illness in the
 United States.
   e. It is the intent of the legislature to protect consumers  from  the
 deleterious,  health,  safety,  and  welfare  effects  of  the  sale and
 consumption of eggs derived from egg-laying hens  that  are  exposed  to
 significant  stress  and  may  result  in  increased exposure to disease
 pathogens including salmonella.
   § 2. The agriculture and markets  law  is  amended  by  adding  a  new
 section 160-f to read as follows:
   §  160-F.  CAGE-FREE  EGG  PRODUCTION.  1.  NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01065-01-1

 A. 3630                             2
 
   A. A FARM OWNER OR OPERATOR SHALL NOT CONFINE OR CAUSE TO BE  CONFINED
 AN EGG-LAYING HEN IN AN ENCLOSURE OTHER THAN A CAGE-FREE HOUSING SYSTEM.
   B.  NO PERSON SHALL SELL OR CONTRACT TO SELL A SHELL EGG OR LIQUID EGG
 FOR HUMAN CONSUMPTION IF THE SELLER KNOWS OR SHOULD HAVE KNOWN THAT  THE
 SHELL  EGG  OR  LIQUID  EGG IS THE PRODUCT OF AN EGG-LAYING HEN THAT WAS
 CONFINED IN A MANNER THAT IS INCONSISTENT WITH THE REQUIREMENTS OF  THIS
 SECTION,  REGARDLESS OF WHETHER THE SHELL EGG OR LIQUID EGG WAS PRODUCED
 IN OR OUT OF THE STATE.
   2. THIS SECTION SHALL NOT APPLY TO ANY OF THE FOLLOWING:
   A. MEDICAL RESEARCH;
   B. EXAMINATION, TESTING, INDIVIDUAL TREATMENT, OR OPERATION FOR VETER-
 INARY PURPOSES BY A LICENSED VETERINARIAN;
   C. TRANSPORTATION OF AN EGG-LAYING HEN;
   D. STATE OR COUNTY FAIR EXHIBITIONS AND SIMILAR EXHIBITIONS;
   E. 4-H PROGRAMS ADMINISTERED BY THE NATIONAL  INSTITUTE  OF  FOOD  AND
 AGRICULTURE  OF  THE UNITED STATES DEPARTMENT OF AGRICULTURE AND SIMILAR
 YOUTH PROGRAMS;
   F. SLAUGHTER OF AN EGG-LAYING HEN IN ACCORDANCE WITH  APPLICABLE  LAWS
 AND REGULATIONS; OR
   G. TEMPORARY PERIODS FOR ANIMAL HUSBANDRY PURPOSES OF NO MORE THAN SIX
 HOURS IN ANY TWENTY-FOUR-HOUR PERIOD, AND NO MORE THAN TWENTY-FOUR HOURS
 IN ANY THIRTY-DAY PERIOD.
   3. FOR PURPOSES OF THIS SECTION:
   A.  "CAGE-FREE  HOUSING  SYSTEM" MEANS AN INDOOR OR OUTDOOR CONTROLLED
 ENVIRONMENT FOR AN EGG-LAYING HEN WITHIN WHICH:
   (I) AN EGG-LAYING HEN IS FREE TO ROAM UNRESTRICTED EXCEPT BY  EXTERIOR
 WALLS;
   (II)  AN  EGG-LAYING HEN IS PROVIDED WITH, AT A MINIMUM, THE AMOUNT OF
 USABLE FLOOR SPACE PER  HEN  REQUIRED  BY  THE  TWO  THOUSAND  SEVENTEEN
 EDITION  OF  THE  UNITED  EGG PRODUCERS' ANIMAL HUSBANDRY GUIDELINES FOR
 UNITED STATES EGG-LAYING FLOCKS: GUIDELINES FOR CAGE-FREE PRODUCTION, OR
 A SUBSEQUENT VERSION OF SUCH GUIDELINES RECOGNIZED BY THE DEPARTMENT  IN
 A RULE OR REGULATION WHICH PROVIDES EQUAL OR MORE USABLE FLOOR SPACE PER
 EGG-LAYING HEN.
   (III)  AN  EGG-LAYING  HEN IS PROVIDED ENRICHMENTS THAT ALLOW A HEN TO
 EXHIBIT NATURAL BEHAVIORS, INCLUDING, AT A MINIMUM, A  SCRATCH  AREA,  A
 PERCH, A NEST BOX, AND A DUST BATHING AREA;
   (IV)  A FARM EMPLOYEE CAN PROVIDE CARE WHILE STANDING SOMEWHERE WITHIN
 A HEN'S USABLE FLOOR SPACE; AND
   (V) EACH EGG-LAYING HEN IS PROVIDED UNLIMITED ACCESS TO  THE  OUTDOORS
 IN A SAFE AND SECURE ENVIRONMENT THAT PREVENTS ACCESS TO PREDATORS.
   B.  "COMMERCIAL FARM" MEANS THE LAND, BUILDING, AND SUPPORT FACILITIES
 THAT ARE USED FOR THE COMMERCIAL PRODUCTION OF EGGS INTENDED  FOR  HUMAN
 CONSUMPTION.
   C. "EGG-LAYING HEN" MEANS A FEMALE DOMESTICATED CHICKEN, TURKEY, DUCK,
 GOOSE, OR GUINEA FOWL KEPT FOR THE PURPOSE OF EGG PRODUCTION.
   D.  "FARM OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS OR CONTROLS THE
 OPERATION OF A COMMERCIAL FARM.
   E. "LIQUID EGG" MEANS AN EGG OF AN  EGG-LAYING  HEN  BROKEN  FROM  THE
 SHELLS THAT IS INTENDED FOR HUMAN CONSUMPTION, WITH THE YOLKS AND WHITES
 IN  THEIR  NATURAL  PROPORTIONS, OR WITH THE YOLKS AND WHITES SEPARATED,
 MIXED, OR MIXED AND STRAINED. LIQUID EGGS  DO  NOT  INCLUDE  COMBINATION
 FOOD  PRODUCTS,  INCLUDING  PANCAKE  MIXES, CAKE MIXES, COOKIES, PIZZAS,
 COOKIE DOUGH, ICE CREAM, OR SIMILAR PROCESSED OR PREPARED FOOD  PRODUCTS
 THAT ARE COMPRISED OF MORE THAN LIQUID EGGS, SUGAR, SALT, WATER, SEASON-

 A. 3630                             3
 
 ING,  COLORING,  FLAVORING, PRESERVATIVES, STABILIZERS, AND SIMILAR FOOD
 ADDITIVES.
   F.  "SHELL-EGG"  MEANS  A  WHOLE EGG OF AN EGG-LAYING HEN IN ITS SHELL
 FORM THAT IS INTENDED FOR HUMAN CONSUMPTION.
   G. "USABLE FLOOR SPACE" MEANS THE TOTAL SQUARE FOOTAGE OF FLOOR  SPACE
 PROVIDED TO EACH EGG-LAYING HEN, CALCULATED BY DIVIDING THE TOTAL SQUARE
 FOOTAGE  OF  FLOOR  SPACE  IN AN ENCLOSURE BY THE NUMBER OF HENS IN THAT
 ENCLOSURE AND SHALL INCLUDE GROUND SPACE AND ELEVATED  LEVEL  OR  NEARLY
 LEVEL  PLATFORMS  TO ACCOMMODATE EGG FLOW UPON WHICH A HEN CAN ROOST BUT
 SHALL NOT INCLUDE ANY PERCH OR RAMP.
   4. THE DEPARTMENT SHALL INSPECT AT REASONABLE TIMES  COMMERCIAL  FARMS
 ENGAGED  IN  THE  PRODUCTION  OF  EGGS  FOR THE PURPOSE OF ENFORCING THE
 PROVISIONS OF THIS SECTION.
   5. THE DEPARTMENT SHALL PROMULGATE SUCH RULES AND REGULATIONS  AS  ARE
 NECESSARY AND APPROPRIATE TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   6.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF UP TO FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP  TO  TWEN-
 TY-FIVE  THOUSAND DOLLARS FOR ANY SUBSEQUENT VIOLATION. ANY CIVIL PENAL-
 TIES COLLECTED PURSUANT TO THIS SECTION SHALL  BE  PAID  TO  THE  ANIMAL
 POPULATION  CONTROL  FUND  ESTABLISHED BY SECTION NINETY-SEVEN-XX OF THE
 STATE FINANCE LAW.
   7. THE COMMISSIONER MAY INSTITUTE SUCH ACTION AT LAW OR IN  EQUITY  AS
 MAY  APPEAR  NECESSARY TO ENFORCE COMPLIANCE WITH ANY PROVISIONS OF THIS
 SECTION OR OF THE RULES AND REGULATIONS PROMULGATED THEREUNDER, AND,  IN
 ADDITION  TO  ANY  OTHER  REMEDY  UNDER ARTICLE THREE OF THIS CHAPTER OR
 OTHERWISE, MAY APPLY FOR RELIEF BY INJUNCTION WITHOUT BEING COMPELLED TO
 ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES  NOT  EXIST.  SUCH
 APPLICATION  MAY  BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY
 AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT
 IN THE THIRD JUDICIAL DISTRICT.
   8.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED  TO  AFFECT   ANY
 PROTECTIONS  AFFORDED  TO  ANIMALS  UNDER ANY OTHER PROVISIONS OF LAW OR
 RULES OR REGULATIONS.
   9. NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  PREVENT  ANY  TOWN,
 CITY,  VILLAGE  OR COUNTY IN NEW YORK STATE FROM ENACTING A LOCAL LAW OR
 ORDINANCE TO PROVIDE FOR THE  HUMANE  TREATMENT  OF  AND  PREVENTION  OF
 CRUELTY  TO  ANIMALS, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL CONFLICT
 WITH THE PROVISIONS OF THIS SECTION.
   § 3. The article title of article 13-a of the agriculture and  markets
 law,  as added by chapter 409 of the laws of 1927, is amended to read as
 follows:
                               SALE OF EGGS
 § 4. This act shall take effect twenty-four months after it  shall  have
 become  a  law.  Effective  immediately,  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.