Egg Products Inspection Act Amendments of 2013

To provide for a uniform national standard for the housing and treatment of egg-laying hens, and for other purposes. 1. Short title This Act may be cited as the Egg Products Inspection Act Amendments of 2013 2. Hen housing and treatment standards (a) Definitions Section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 (1) by redesignating subsection (a) as subsection (c); (2) by redesignating subsections (b), (c), (d), (e), (f), and (g) as subsections (f), (g), (h), (i), (j), and (k), respectively; (3) by redesignating subsections (h) and (i) as subsections (n) and (o), respectively; (4) by redesignating subsections (j), (k), and (l) as subsections (r), (s), and (t), respectively; (5) by redesignating subsections (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y), and (z) as subsections (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), and (ii), respectively; (6) by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections: (a) The term adequate environmental enrichments (b) The term adequate housing-related labeling (1) Eggs from free-range hens (A) not housed in caging devices; and (B) provided with outdoor access. (2) Eggs from cage-free hens (3) Eggs from enriched cages (A) contain adequate environmental enrichments; and (B) provide the hens a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen. (4) Eggs from caged hens (A) do not contain adequate environmental enrichments; or (B) do not provide the hens a minimum of 116 square inches of individual floor space per brown hen and 101 square inches of individual floor space per white hen. ; (7) by inserting after subsection (c), as redesignated by paragraph (1), the following new subsections: (d) The term brown hen (e) The term caging device ; (8) by inserting after subsection (k), as redesignated by paragraph (2), the following new subsections: (l) The term egg-laying hen (m) The term existing caging device ; (9) by inserting after subsection (o), as redesignated by paragraph (3), the following new subsections: (p) The term feed-withdrawal molting (q) The term individual floor space ; (10) by inserting after subsection (t), as redesignated by paragraph (4), the following new subsection: (u) The term new caging device ; and (11) by inserting at the end the following new subsections: (jj) The term water-withdrawal molting (kk) The term white hen . (b) Housing and treatment of egg-Laying hens The Egg Products Inspection Act (21 U.S.C. 1031 et seq.) is amended by inserting after section 7 ( 21 U.S.C. 1036 7A. Housing and treatment of egg-laying hens (a) Environmental enrichments (1) Existing caging devices Beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (2) New caging devices Beginning 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (3) Caging devices in California (A) New caging devices All caging devices in California installed after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (B) Existing caging devices All caging devices in California installed before the date of enactment of the Egg Products Inspection Act Amendments of 2013 (b) Floor space (1) Existing caging devices All existing cages devices shall provide egg-laying hens housed therein— (A) beginning 4 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 Egg Products Inspection Act Amendments of 2013 (B) beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (2) New caging devices All new caging devices shall provide egg-laying hens housed therein— (A) beginning 3 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 Egg Products Inspection Act Amendments of 2013 (B) beginning 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 Egg Products Inspection Act Amendments of 2013 (C) beginning 9 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 Egg Products Inspection Act Amendments of 2013 (D) beginning 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 Egg Products Inspection Act Amendments of 2013 (E) beginning 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (3) California caging devices (A) Existing caging devices All caging devices in California installed before the date of enactment of the Egg Products Inspection Act Amendments of 2013 (i) beginning January 1, 2015, and through December 31, 2023, a minimum of 134 square inches of individual floor space per brown hen and 116 square inches of individual floor space per white hen; and (ii) beginning January 1, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (B) New caging devices All caging devices in California installed after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (i) beginning 3 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (ii) beginning January 1, 2024, a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (c) Air quality (1) In general Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (2) Temporary excess ammonia levels allowed Notwithstanding paragraph (1), an egg handler may provide egg-laying hens under the ownership or control of such handler with air quality containing more than 25 parts per million of ammonia for temporary periods as necessary because of extraordinary weather circumstances or other unusual circumstances. (d) Forced molting Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (e) Euthanasia Beginning 2 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 Acceptable (f) Prohibition on new unenrichable cages No person shall build, construct, implement, or place into operation any new caging device for the production of eggs to be sold in commerce unless the device— (1) provides the egg-laying hens to be contained therein a minimum of 76 square inches of individual floor space per brown hen or 67 square inches of individual floor space per white hen; and (2) is capable of being adapted to accommodate adequate environmental enrichments. (g) Exemptions (1) Recently-installed existing caging devices The requirements under subsections (a)(1) and (b)(1)(B) shall not apply to any existing caging device that was first placed into operation between January 1, 2008, and December 31, 2011. This exemption shall expire on December 31, 2029, at which time the requirements contained in subsections (a)(1) and (b)(1)(B) shall apply to all existing caging devices. (2) Hens already in production The requirements under subsections (a)(1), (a)(2), (b)(1)(B), and (b)(2) shall not apply to any caging device containing egg-laying hens who are already in egg production on the date that such requirement takes effect. This exemption shall expire on the date that such egg-laying hens are removed from egg production. (3) Small producers This section shall not apply to an egg handler who buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens. (4) Educational and research institutions The provisions of this section related to housing, treatment, or housing-related labeling shall not apply to egg production at an accredited educational or research institution, or to the purchase, sale, handling, or processing of eggs or egg products in connection with such production. (5) Individual enclosures The environmental enrichment requirements under subsection (a) shall not apply to any caging device that contains only 1 egg-laying hen. (6) Other livestock or poultry production This section shall apply only to commercial egg production. This section shall not apply to the production of pork, beef, turkey, dairy, broiler chicken, veal, or other livestock or poultry. 7B. Phase-in conversion requirements (a) National conversion requirements (1) First conversion phase Beginning 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (2) Second conversion phase Beginning 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (3) Final conversion phase Beginning December 31, 2029, all egg-laying hens confined in caging devices shall be provided adequate environmental enrichments and a minimum of 144 square inches of individual floor space per brown hen and 124 square inches of individual floor space per white hen. (b) California conversion requirements (1) First conversion phase Beginning 2 years and 6 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (2) Second conversion phase Beginning 5 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (3) Third conversion phase Beginning 7 years and 6 months after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (4) Final conversion phase Beginning 10 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (c) Compliance (1) In general At the end of 6 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (A) the requirements of subsection (a)(1) have been met; and (B) the requirements of subsection (b)(2) have been met. (2) Requirements met If the Secretary finds that the requirements of subsection (a)(1) have not been met, then beginning January 1, 2020, the floor space requirements (irrespective of the date such requirements expire) related to new caging devices contained in subsection (b)(2)(B) of section 7A shall apply to existing caging devices placed into operation prior to January 1, 1995. (3) Requirements not met If the Secretary finds that the requirements of subsection (b)(2) have not been met, then beginning 1 year from the date of the Secretary’s finding, the floor space and enrichments requirements (irrespective of the date such requirements come into force) contained in subsection (a)(3)(A) and subsection (b)(3)(B)(ii) of section 7A shall apply to all caging devices in California. (4) Report At the end of 12 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (5) Relationship to other law Notwithstanding section 12, the remedies provided in this subsection shall be the exclusive remedies for violations of this section. . (c) Inspections Section 5 of the Egg Products Inspection Act ( 21 U.S.C. 1034 (1) in subsection (d), in the first sentence, by inserting (other than requirements with respect to housing, treatment, and housing-related labeling) as he deems appropriate to assure compliance with such requirements (2) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (A), by striking and (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following new subparagraph: (B) are derived from egg-laying hens housed and treated in compliance with section 7A; and ; and (iv) in subparagraph (C), as redesignated by clause (ii), by inserting adequate housing-related labeling and contain (B) in paragraph (2), by striking In the case of a shell egg packer In the cases of an egg handler with a flock of more than 3,000 egg-laying hens and a shell egg packer (C) in paragraph (3), by inserting (other than requirements with respect to housing, treatment, and housing-related labeling) to ensure compliance with the requirements of paragraph (1) (D) in paragraph (4), by striking with a flock of not more than 3,000 layers. who buys, sells, handles, or processes eggs or egg products solely from 1 flock of not more than 3,000 egg-laying hens. (d) Labeling Section 7(a) of the Egg Products Inspection Act of 1970 ( 21 U.S.C. 1036(a) adequate housing-related labeling, plant where the products were processed, (e) Limitation on exemptions by secretary Section 15(a) of the Egg Products Inspection Act of 1970 ( 21 U.S.C. 1044(a) (not including subsection (c) of section 8) exempt from specific provisions (f) Imports Section 17(a)(2) of the Egg Products Inspection Act of 1970 ( 21 U.S.C. 1046(a)(2) subdivision thereof and are labeled and packaged subdivision thereof; and no eggs or egg products capable of use as human food shall be imported into the United States unless they are produced, labeled, and packaged 3. Enforcement of hen housing and treatment standards Section 8 of the Egg Products Inspection Act ( 21 U.S.C. 1037 (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; (2) by inserting after subsection (b) the following new subsection: (c) (1) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce any eggs or egg products derived from egg-laying hens housed or treated in violation of any provision of section 7A. (2) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce any eggs or egg products derived from egg-laying hens unless the container or package, including any immediate container, of the eggs or egg products, beginning 1 year after the date of enactment of the Egg Products Inspection Act Amendments of 2013 (3) No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business or commerce, in California, any eggs or egg products derived from egg-laying hens unless the egg-laying hens are provided floor space and enrichments equivalent to that required under subsections (a)(3) and (b)(3) of section 7A of this Act regardless of where the eggs are produced. ; and (3) in subsection (e) (as redesignated by paragraph (1)), in the matter preceding paragraph (1), by inserting 7A, section 4. State and local authority Section 23 of the Egg Products Inspection Act ( 21 U.S.C. 1052 (a) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (b) by inserting after subsection (b) the following new subsection: (c) Prohibition against additional or different requirements than federal requirements related to minimum space allotments for housing egg-Laying hens in commercial egg production Requirements within the scope of this Act with respect to minimum floor space allotments or enrichments for egg-laying hens housed in commercial egg production which are in addition to or different than those made under this Act may not be imposed by any State or local jurisdiction. Otherwise the provisions of this Act shall not invalidate any law or other provisions of any State or other jurisdiction in the absence of a conflict with this Act. ; and (c) by inserting after subsection (e) (as redesignated by subsection (a)) the following new subsection: (f) Role of california department of food and agriculture With respect to eggs produced, shipped, handled, transported, or received in California prior to the date that is 15 years after the date of enactment of the Egg Products Inspection Act Amendments of 2013 . 5. Effective date This Act shall take effect on the date of enactment of this Act.

Summary: Egg Products Inspection Act Amendments of 2013 - Amends the Egg Products Inspection Act to revise provisions concerning housing and treatment of egg-laying hens and enforcement of such requirements. Sets forth separate caging device and environmental and housing conversion provisions for California. Directs the Secretary of Agriculture (USDA) to delegate to the California Department of Food and Agriculture certain enforcement authority with respect to eggs produced, shipped, handled, transported, or received in California prior to the date that is 15 years after the date of enactment of this Act.