S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    950
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02001-01-5
              

 S. 950                              2
 
   §  160-F.  CAGE-FREE  EGG  PRODUCTION.  1.  NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW:
   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
 S. 950                              3

 THAT ARE COMPRISED OF MORE THAN LIQUID EGGS, SUGAR, SALT, WATER, SEASON-
 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. Article 13-A of the agriculture and markets law,  is  amended  by
 adding a new article heading 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.