An Act Prohibiting Certain Confinement of Egg-laying Hens and the Sale of Their Eggs
Maine Legislature, Session 129, LD 2084
Committee: Agriculture, Conservation and Forestry
Sponsors: O'NEIL, LIBBY, DUNPHY, CARPENTER
Amends: 7 MRSA §4021

Legislative Document
No. 2084
H.P. 1485
House of Representatives, January 28, 2020
An Act Prohibiting Certain Confinement of Egg-laying Hens and 
the Sale of Their Eggs
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative O'NEIL of Saco.
Cosponsored by Senator LIBBY of Androscoggin and
Representative: DUNPHY of Old Town, Senator: CARPENTER of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §4021 is enacted to read:
§4021.  Confinement of egg-laying hens
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Business owner or operator" means a person who owns or controls the 
operations of a business.
B.  "Cage-free housing system" means an indoor or outdoor controlled environment 
for egg-laying hens within which:
(1)  Egg-laying hens are free to roam unrestricted except by exterior walls;
(2)  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
(3)  Farm employees can provide care to egg-laying hens while standing within 
the egg-laying hens' usable floor space.
"Cage-free housing system" may include a multitiered aviary, a partially slatted 
system or a single-level all-litter floor system as long as the aviary or system 
complies with the requirements set forth in this paragraph.
C.  "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose or 
guinea fowl kept for the purpose of commercial egg production.
D.  "Enclosure" means a structure used to confine an egg-laying hen.
E.  "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.  "Farm" does not include live animal markets or plants at which 
mandatory inspection is maintained under the federal Egg Products Inspection Act, 
United States Code, Chapter 15.
F.  "Farm owner or operator" means any person who owns or controls the operations 
of a farm.
G.  "Multitiered aviary" means a cage-free housing system in which egg-laying hens 
have unfettered access to multiple elevated platforms that provide the egg-laying hens 
with usable floor space both on top of and underneath the platforms.
H.  "Partially slatted system" means a cage-free housing system in which 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.
I.  "Person" means an individual, firm, corporation, trust, partnership, joint venture, 
limited liability corporation, estate, trust, receiver, syndicate, association or other 
legal entity.
J.  "Sale" means a commercial sale by a business that sells shell eggs. For purposes of 
this section, a sale is deemed to occur at the location where the buyer takes physical 
possession of the shell eggs.
K.  "Shell egg" means a whole egg of an egg-laying hen in its shell form that is 
intended for use as human food.
L.  "Single-level all-litter floor system" means a cage-free housing system bedded 
with litter and in which egg-laying hens have limited or no access to elevated flat 
platforms.
M.  "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 
provided to egg-laying hens in an enclosure by the number of egg-laying hens in that 
enclosure. "Usable floor space" includes both ground space and elevated level or 
nearly level flat platforms upon which egg-laying hens can roost, but does not include 
perches or ramps.
2.  Prohibitions.  After December 31, 2024:
A.  A farm owner or operator within the State may not knowingly confine an egg-
laying hen in an enclosure that is not a cage-free housing system or in an enclosure 
with less than:
(1)  One square foot of usable floor space per egg-laying hen in multitiered 
aviaries, partially slatted systems or any other cage-free housing system that 
provides egg-laying hens with unfettered access to vertical space; or
(2)  One and one-half square feet of usable floor space per egg-laying hen in 
single-level all-litter floor systems or any other cage-free housing system that 
does not provide egg-laying hens with unfettered access to vertical space; and
B.  A business owner or operator may not knowingly engage in the sale within the 
State of a shell egg that the business owner or operator knows or should know is the 
product of an egg-laying hen that was confined in a manner that violates paragraph A.
3.  Exceptions.  Subsection 2, paragraph A does not apply to an egg-laying hen:
A.  While the egg-laying hen is the subject of medical research;
B.  During the examination, testing, individual treatment of or operation on the egg-
laying hen for veterinary purposes when performed by or under the direct supervision 
of a licensed veterinarian;
C.  While the egg-laying hen is being transported;
D.  At a state or county fair exhibition, 4-H event or similar exhibition;
E.  During slaughter in accordance with any applicable laws, rules and regulations; 
and
F.  During temporary periods for animal husbandry purposes, which may total no 
more than 6 hours in any 24-hour period and no more than 24 hours in any 30-day 
period.
4.  Defense.  In an action to enforce subsection 2, paragraph B, it is a defense that a 
business owner or operator relied in good faith upon a written certification by the supplier 
of shell eggs that the shell eggs at issue were not derived from any egg-laying hen who 
was confined in violation of subsection 2, paragraph A.
5.  Violation; penalty.  Notwithstanding section 4016, violation of this section is 
governed by this subsection.  A person who violates this section commits a civil 
violation.  The court shall adjudge a civil fine of not less than $500 nor more than $5,000 
per violation.
6.  Injunction.  In lieu of or in addition to the collection of fines under subsection 5, 
the commissioner may bring a civil action in the Superior Court to prevent, restrain or 
enjoin a violation of this section.  If in that action a violation or threatened violation of 
this section is established, the court may enjoin and restrain or otherwise prohibit the 
violation or threatened violation.
7.  Relation to other laws.  The provisions of this section are in addition to, and not 
in lieu of, any other laws protecting animal welfare. This section may not be construed to 
limit any state law or rules protecting the welfare of animals or to prevent a local 
governing body from adopting and enforcing its own animal welfare ordinances and 
regulations.
The affirmative defense provisions in section 4016, subsection 3 do not apply to this 
section.  It is not an affirmative defense to alleged violations of this section that the egg-
laying hen is kept as part of an agricultural operation and in compliance with best 
management practices for animal husbandry.
Sec. 2.  Legislative findings.  The Legislature finds that the regulation of egg 
production and of the sale of eggs is necessary to protect the health and welfare of 
consumers in the State, to promote food safety, to advance animal welfare and to protect 
the State against the negative fiscal impacts associated with the absence of effective 
regulation of egg production and sales of eggs.
SUMMARY
This bill provides that, after December 31, 2024:
1.  Farm owners and operators in the State must keep their egg-laying hens in cage-
free housing systems; and
2.  Business owners and operators may not sell in the State eggs from hens that are 
not kept in cage-free housing systems.
Under the bill, a person who violates these requirements commits a civil violation for 
which a fine may be adjudged.  In addition, the bill authorizes the Commissioner of 
Agriculture, Conservation and Forestry to bring a civil action to prevent, restrain or 
enjoin a violation of the requirements.