SB3655 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3655

 

Introduced 2/9/2024, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Confinement of Egg-Laying Hens Act. Provides that, beginning on January 1, 2026, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure that: (i) is not a cage-free housing system; or (ii) has less than the amount of usable floor space per hen required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing. Provides that, beginning January 1, 2026, a business owner or operator shall not knowingly sell any shell egg or egg products that the business owner or operator knows or should know was produced by an egg-laying hen that was confined in a manner that conflicts with the requirements in the Act. Provides for exemptions from the requirements of the Act. Provides that a business owner or operator of a farm shall not be liable under the Act if the business owner or operator relied upon, in good faith, a written certification by the supplier that the shell eggs or egg products were not derived from an egg-laying hen that was confined in a manner that conflicts with the Act. Authorizes the Department of Agriculture to administer and enforce the Act. Authorizes the Director of Agriculture to adopt rules necessary to administer the Act. Sets forth requirements to certify shell eggs and egg products as compliant with the Act. Provides for a civil penalty of $2,000 per violation per day.


LRB103 37973 CES 69615 b

 

 

A BILL FOR

 

SB3655LRB103 37973 CES 69615 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Confinement of Egg-Laying Hens Act.
 
6    Section 5. Purpose. In accordance with the General
7Assembly's authority to protect the health and welfare of
8consumers, including to promote food safety, protect public
9health, and advance animal welfare, the General Assembly finds
10and declares that the regulation of egg production on farms
11and of the sale of eggs and egg products will further these
12goals.
 
13    Section 10. Definitions. As used in this Act:
14    "Business owner or operator" means any person who owns or
15controls the operations of a business.
16    "Cage-free housing system" means an indoor or outdoor
17controlled environment for egg-laying hens within which hens
18are free to roam unrestricted; are provided enrichments that
19allow them to exhibit natural behaviors, including, at a
20minimum, scratch areas, perches, nest boxes, and dust bathing
21areas; and within which farm employees can provide care while
22standing within the hens' usable floor space. "Cage-free

 

 

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1housing system" includes, to the extent that such systems
2comply with the requirements of this subsection, multitiered
3aviaries, partially slatted systems, single-level all-litter
4floor systems, and any future systems that will comply with
5the requirements of this definition. "Cage-free housing
6system" does not include systems commonly described as battery
7cages, colony cages, enriched cages, enriched colony cages,
8modified cages, convertible cages, furnished cages, or similar
9cage systems.
10    "Department" means the Department of Agriculture.
11    "Director" means the Director of Agriculture.
12    "Egg-laying hen" means a female domesticated chicken,
13turkey, duck, goose, or guinea fowl kept for the purpose of
14commercial egg production.
15    "Egg products" means eggs of an egg-laying hen broken from
16the shells, intended for human food, whether in liquid, solid,
17dried, or frozen form; whether raw or cooked; and with the
18yolks and whites in their natural proportions, or with the
19yolks and whites separated, mixed, or mixed and strained. "Egg
20products" does not include combination food products that are
21composed of more than egg products, sugar, salt, water,
22seasoning, coloring, flavoring, preservatives, stabilizers,
23and similar food additives.
24    "Enclosure" means a structure used to confine an
25egg-laying hen.
26    "Farm" means the land, buildings, support facilities, and

 

 

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1other equipment that is wholly or partially used for the
2commercial production of animals or animal products used for
3food. "Farm" does not include live animal markets or official
4plants at which mandatory inspection is maintained under the
5federal Egg Products Inspection Act.
6    "Farm owner or operator" means a person that owns a farm or
7controls the operations of a farm.
8    "Multitiered aviary" means a cage-free housing system in
9which egg-laying hens have unfettered access to multiple
10elevated platforms that provide the egg-laying hens with
11usable floor space both on top of and underneath the
12platforms.
13    "Partially slatted system" means a cage-free housing
14system in which egg-laying hens have unfettered access to
15elevated flat platforms under which manure drops through the
16flooring to a pit or litter removal belt below.
17    "Person" means any individual, firm, partnership, joint
18venture, association, limited liability company, corporation,
19estate, trust, receiver, or syndicate.
20    "Sale" means a commercial sale by a business that sells
21any item covered by this Act. For purposes of this Act, a sale
22is deemed to occur at the location where the buyer takes
23physical possession of the item.
24    "Shell egg" means a whole egg of an egg-laying hen in its
25shell form, intended for use as human food.
26    "Single-level all-litter floor system" means a cage-free

 

 

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1housing system bedded with litter where egg-laying hens have
2limited or no access to elevated flat platforms.
3    "Usable floor space" means the total square footage of
4floor space provided to each egg-laying hen, as calculated by
5dividing the total square footage of floor space provided to
6egg-laying hens in an enclosure by the number of egg-laying
7hens in that enclosure. "Usable floor space" includes both
8ground space and elevated level or nearly level flat platforms
9upon which hens can roost but does not include perches or
10ramps.
 
11    Section 15. Prohibitions.
12    (a) Notwithstanding any other provision of law except
13Section 20, beginning January 1, 2026, a farm owner or
14operator shall not knowingly confine an egg-laying hen in an
15enclosure:
16        (1) that is not a cage-free housing system; or
17        (2) that has less than the amount of usable floor
18    space per hen as required by the 2017 edition of the United
19    Egg Producers' Animal Husbandry Guidelines for U.S.
20    Egg-Laying Flocks: Guidelines for Cage-Free Housing.
21    (b) Notwithstanding any other provision of law except
22Section 20, beginning January 1, 2026, a business owner or
23operator shall not knowingly sell in Illinois any shell egg or
24egg products that the business owner or operator knows or
25should know was produced by an egg-laying hen that was

 

 

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1confined in a manner that conflicts with the standards
2described in subsection (a).
 
3    Section 20. Exemptions.
4    (a) Subsection (a) of Section 15 of this Act shall not
5apply during:
6        (1) medical research;
7        (2) examination, testing, individual treatment or
8    operation for veterinary purposes, but only if performed
9    by or under the direct supervision of a licensed
10    veterinarian;
11        (3) transportation;
12        (4) State or county fair exhibitions, 4-H programs,
13    and similar exhibitions;
14        (5) slaughter in accordance with all applicable laws,
15    rules, and regulations; or
16        (6) temporary periods for animal husbandry purposes
17    for no more than 6 hours in any 24-hour period and no more
18    than 24 hours total in any 30-day period.
19    (b) This Act shall not apply to the production in this
20State or sale in this State of shell eggs by a farm owner or
21operator with annual shell egg production from fewer than
223,000 egg-laying hens if all shell eggs sold in this State by
23the farm owner or operator are derived from fewer than 3,000
24egg-laying hens.
 

 

 

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1    Section 25. Defense.
2It is a defense to any action to enforce this Act that a
3business owner or operator relied in good faith upon a written
4certification by the supplier that the shell eggs or egg
5products were not derived from an egg-laying hen that was
6confined in a manner that conflicts with the standards
7described in subsection (a) of Section 15 of this Act.
 
8    Section 30. Enforcement.
9    (a) The Department is responsible for administering and
10enforcing this Act. A farm owner or operator or business owner
11or operator must allow the Department access, during its
12regular business hours to the farm or business, its vehicles,
13and its records related to activities regulated under this
14Act.
15    (b) The Director may adopt rules necessary for the
16administration of this Act, including rules governing the
17inspection of farms or businesses, shell eggs, and egg
18products to ensure shell eggs and egg products produced or
19sold in the State are produced in compliance with this Act.
20    (c) The Department may use a government or private
21inspection or process verification provider to ensure
22compliance with this Act. To rely on a government or private
23inspection or process verification provider, the Department
24must approve the specific inspection or process verification
25provider as competent to ensure compliance with this Act

 

 

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1during both production and handling of shell eggs and egg
2products.
 
3    Section 35. Certification.
4    (a) To sell shell eggs or egg products within this State:
5        (1) A farm owner or operator must obtain a certificate
6    from the Department that the shell eggs or egg products
7    are produced in compliance with this Act.
8        (2) A business owner or operator must obtain a copy of
9    the certificate issued under paragraph (1) of this
10    subsection from a farm owner or operator that the shell
11    eggs or egg products comply with this Act. The business
12    owner or operator shall retain the copy and provide the
13    copy to the Department upon request.
14    (b) The Department shall certify shell eggs and egg
15products as compliant with this Act if:
16        (1) the enclosures for the egg-laying hens are
17    inspected in accordance with the rules adopted under
18    subsection (b) of Section 30 of this Act; or
19        (2) the Department determines the shell eggs or egg
20    products are accompanied by documentation proving the
21    enclosures for the egg-laying hens have undergone
22    government or private inspection or process verification
23    services described in subsection (c) of Section 30 of this
24    Act.
25    (c) The certification issued under this Section expires at

 

 

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1the end of each calendar year.
2    (d) This Section applies to the sale, on or after January
31, 2026, of shell eggs and egg products.
 
4    Section 40. Civil Penalty.
5    (a) Any person who violates any provision of this Act is
6liable for a civil penalty of $2,000 per violation per day.
7    (b) The penalties provided for in this Section may be
8recovered in a civil action brought in the name of the People
9of the State of Illinois by the State's Attorney of the county
10in which the violation occurred or by the Attorney General.
11    (c) The State's Attorney of the county in which the
12violation occurred or the Attorney General may institute a
13civil action for an injunction to restrain violations of this
14Act or to require such actions as may be necessary to address
15violations of this Act.
16    (d) The penalties and injunctions provided in this Act are
17in addition to any penalties, injunctions, or other relief
18provided under any other law. Nothing in this Act bars a cause
19of action by the State for any other penalty, injunction, or
20other relief provided by any other law.
 
21    Section 45. Construction.
22The provisions of this Act are in addition to, and not in lieu
23of, any other laws protecting animal welfare. This Act is not
24intended and should not be construed to limit any other State

 

 

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1law or rule protecting the welfare of animals or to prevent a
2local governing body from adopting and enforcing its own
3animal welfare laws and regulations that are more stringent
4than this Act.
 
5    Section 50. Applicability.
6If any provision of this Act is declared unconstitutional or
7the applicability of this Act to any person or circumstance is
8held invalid, the constitutionality of the remainder of the
9Act and applicability of it to other persons and circumstances
10shall not be affected.