S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11041
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- 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:
   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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15835-02-0

 A. 11041                            2
 
   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-
 ING,  COLORING,  FLAVORING, PRESERVATIVES, STABILIZERS, AND SIMILAR FOOD
 ADDITIVES.

 A. 11041                            3

   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. 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.