Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3655 Compare Versions

Only one version of the bill is available at this time.

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1	1	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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3655 Introduced 2/9/2024, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: New Act 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 LRB103 37973 CES 69615 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3655 Introduced 2/9/2024, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Confinement of Egg-Laying Hens Act.
16	16	6 Section 5. Purpose. In accordance with the General
17	17	7 Assembly's authority to protect the health and welfare of
18	18	8 consumers, including to promote food safety, protect public
19	19	9 health, and advance animal welfare, the General Assembly finds
20	20	10 and declares that the regulation of egg production on farms
21	21	11 and of the sale of eggs and egg products will further these
22	22	12 goals.
23	23	13 Section 10. Definitions. As used in this Act:
24	24	14 "Business owner or operator" means any person who owns or
25	25	15 controls the operations of a business.
26	26	16 "Cage-free housing system" means an indoor or outdoor
27	27	17 controlled environment for egg-laying hens within which hens
28	28	18 are free to roam unrestricted; are provided enrichments that
29	29	19 allow them to exhibit natural behaviors, including, at a
30	30	20 minimum, scratch areas, perches, nest boxes, and dust bathing
31	31	21 areas; and within which farm employees can provide care while
32	32	22 standing within the hens' usable floor space. "Cage-free
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3655 Introduced 2/9/2024, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	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.
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67	67	1 housing system" includes, to the extent that such systems
68	68	2 comply with the requirements of this subsection, multitiered
69	69	3 aviaries, partially slatted systems, single-level all-litter
70	70	4 floor systems, and any future systems that will comply with
71	71	5 the requirements of this definition. "Cage-free housing
72	72	6 system" does not include systems commonly described as battery
73	73	7 cages, colony cages, enriched cages, enriched colony cages,
74	74	8 modified cages, convertible cages, furnished cages, or similar
75	75	9 cage systems.
76	76	10 "Department" means the Department of Agriculture.
77	77	11 "Director" means the Director of Agriculture.
78	78	12 "Egg-laying hen" means a female domesticated chicken,
79	79	13 turkey, duck, goose, or guinea fowl kept for the purpose of
80	80	14 commercial egg production.
81	81	15 "Egg products" means eggs of an egg-laying hen broken from
82	82	16 the shells, intended for human food, whether in liquid, solid,
83	83	17 dried, or frozen form; whether raw or cooked; and with the
84	84	18 yolks and whites in their natural proportions, or with the
85	85	19 yolks and whites separated, mixed, or mixed and strained. "Egg
86	86	20 products" does not include combination food products that are
87	87	21 composed of more than egg products, sugar, salt, water,
88	88	22 seasoning, coloring, flavoring, preservatives, stabilizers,
89	89	23 and similar food additives.
90	90	24 "Enclosure" means a structure used to confine an
91	91	25 egg-laying hen.
92	92	26 "Farm" means the land, buildings, support facilities, and
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103	103	1 other equipment that is wholly or partially used for the
104	104	2 commercial production of animals or animal products used for
105	105	3 food. "Farm" does not include live animal markets or official
106	106	4 plants at which mandatory inspection is maintained under the
107	107	5 federal Egg Products Inspection Act.
108	108	6 "Farm owner or operator" means a person that owns a farm or
109	109	7 controls the operations of a farm.
110	110	8 "Multitiered aviary" means a cage-free housing system in
111	111	9 which egg-laying hens have unfettered access to multiple
112	112	10 elevated platforms that provide the egg-laying hens with
113	113	11 usable floor space both on top of and underneath the
114	114	12 platforms.
115	115	13 "Partially slatted system" means a cage-free housing
116	116	14 system in which egg-laying hens have unfettered access to
117	117	15 elevated flat platforms under which manure drops through the
118	118	16 flooring to a pit or litter removal belt below.
119	119	17 "Person" means any individual, firm, partnership, joint
120	120	18 venture, association, limited liability company, corporation,
121	121	19 estate, trust, receiver, or syndicate.
122	122	20 "Sale" means a commercial sale by a business that sells
123	123	21 any item covered by this Act. For purposes of this Act, a sale
124	124	22 is deemed to occur at the location where the buyer takes
125	125	23 physical possession of the item.
126	126	24 "Shell egg" means a whole egg of an egg-laying hen in its
127	127	25 shell form, intended for use as human food.
128	128	26 "Single-level all-litter floor system" means a cage-free
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139	139	1 housing system bedded with litter where egg-laying hens have
140	140	2 limited or no access to elevated flat platforms.
141	141	3 "Usable floor space" means the total square footage of
142	142	4 floor space provided to each egg-laying hen, as calculated by
143	143	5 dividing the total square footage of floor space provided to
144	144	6 egg-laying hens in an enclosure by the number of egg-laying
145	145	7 hens in that enclosure. "Usable floor space" includes both
146	146	8 ground space and elevated level or nearly level flat platforms
147	147	9 upon which hens can roost but does not include perches or
148	148	10 ramps.
149	149	11 Section 15. Prohibitions.
150	150	12 (a) Notwithstanding any other provision of law except
151	151	13 Section 20, beginning January 1, 2026, a farm owner or
152	152	14 operator shall not knowingly confine an egg-laying hen in an
153	153	15 enclosure:
154	154	16 (1) that is not a cage-free housing system; or
155	155	17 (2) that has less than the amount of usable floor
156	156	18 space per hen as required by the 2017 edition of the United
157	157	19 Egg Producers' Animal Husbandry Guidelines for U.S.
158	158	20 Egg-Laying Flocks: Guidelines for Cage-Free Housing.
159	159	21 (b) Notwithstanding any other provision of law except
160	160	22 Section 20, beginning January 1, 2026, a business owner or
161	161	23 operator shall not knowingly sell in Illinois any shell egg or
162	162	24 egg products that the business owner or operator knows or
163	163	25 should know was produced by an egg-laying hen that was
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174	174	1 confined in a manner that conflicts with the standards
175	175	2 described in subsection (a).
176	176	3 Section 20. Exemptions.
177	177	4 (a) Subsection (a) of Section 15 of this Act shall not
178	178	5 apply during:
179	179	6 (1) medical research;
180	180	7 (2) examination, testing, individual treatment or
181	181	8 operation for veterinary purposes, but only if performed
182	182	9 by or under the direct supervision of a licensed
183	183	10 veterinarian;
184	184	11 (3) transportation;
185	185	12 (4) State or county fair exhibitions, 4-H programs,
186	186	13 and similar exhibitions;
187	187	14 (5) slaughter in accordance with all applicable laws,
188	188	15 rules, and regulations; or
189	189	16 (6) temporary periods for animal husbandry purposes
190	190	17 for no more than 6 hours in any 24-hour period and no more
191	191	18 than 24 hours total in any 30-day period.
192	192	19 (b) This Act shall not apply to the production in this
193	193	20 State or sale in this State of shell eggs by a farm owner or
194	194	21 operator with annual shell egg production from fewer than
195	195	22 3,000 egg-laying hens if all shell eggs sold in this State by
196	196	23 the farm owner or operator are derived from fewer than 3,000
197	197	24 egg-laying hens.
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208	208	1 Section 25. Defense.
209	209	2 It is a defense to any action to enforce this Act that a
210	210	3 business owner or operator relied in good faith upon a written
211	211	4 certification by the supplier that the shell eggs or egg
212	212	5 products were not derived from an egg-laying hen that was
213	213	6 confined in a manner that conflicts with the standards
214	214	7 described in subsection (a) of Section 15 of this Act.
215	215	8 Section 30. Enforcement.
216	216	9 (a) The Department is responsible for administering and
217	217	10 enforcing this Act. A farm owner or operator or business owner
218	218	11 or operator must allow the Department access, during its
219	219	12 regular business hours to the farm or business, its vehicles,
220	220	13 and its records related to activities regulated under this
221	221	14 Act.
222	222	15 (b) The Director may adopt rules necessary for the
223	223	16 administration of this Act, including rules governing the
224	224	17 inspection of farms or businesses, shell eggs, and egg
225	225	18 products to ensure shell eggs and egg products produced or
226	226	19 sold in the State are produced in compliance with this Act.
227	227	20 (c) The Department may use a government or private
228	228	21 inspection or process verification provider to ensure
229	229	22 compliance with this Act. To rely on a government or private
230	230	23 inspection or process verification provider, the Department
231	231	24 must approve the specific inspection or process verification
232	232	25 provider as competent to ensure compliance with this Act
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243	243	1 during both production and handling of shell eggs and egg
244	244	2 products.
245	245	3 Section 35. Certification.
246	246	4 (a) To sell shell eggs or egg products within this State:
247	247	5 (1) A farm owner or operator must obtain a certificate
248	248	6 from the Department that the shell eggs or egg products
249	249	7 are produced in compliance with this Act.
250	250	8 (2) A business owner or operator must obtain a copy of
251	251	9 the certificate issued under paragraph (1) of this
252	252	10 subsection from a farm owner or operator that the shell
253	253	11 eggs or egg products comply with this Act. The business
254	254	12 owner or operator shall retain the copy and provide the
255	255	13 copy to the Department upon request.
256	256	14 (b) The Department shall certify shell eggs and egg
257	257	15 products as compliant with this Act if:
258	258	16 (1) the enclosures for the egg-laying hens are
259	259	17 inspected in accordance with the rules adopted under
260	260	18 subsection (b) of Section 30 of this Act; or
261	261	19 (2) the Department determines the shell eggs or egg
262	262	20 products are accompanied by documentation proving the
263	263	21 enclosures for the egg-laying hens have undergone
264	264	22 government or private inspection or process verification
265	265	23 services described in subsection (c) of Section 30 of this
266	266	24 Act.
267	267	25 (c) The certification issued under this Section expires at
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278	278	1 the end of each calendar year.
279	279	2 (d) This Section applies to the sale, on or after January
280	280	3 1, 2026, of shell eggs and egg products.
281	281	4 Section 40. Civil Penalty.
282	282	5 (a) Any person who violates any provision of this Act is
283	283	6 liable for a civil penalty of $2,000 per violation per day.
284	284	7 (b) The penalties provided for in this Section may be
285	285	8 recovered in a civil action brought in the name of the People
286	286	9 of the State of Illinois by the State's Attorney of the county
287	287	10 in which the violation occurred or by the Attorney General.
288	288	11 (c) The State's Attorney of the county in which the
289	289	12 violation occurred or the Attorney General may institute a
290	290	13 civil action for an injunction to restrain violations of this
291	291	14 Act or to require such actions as may be necessary to address
292	292	15 violations of this Act.
293	293	16 (d) The penalties and injunctions provided in this Act are
294	294	17 in addition to any penalties, injunctions, or other relief
295	295	18 provided under any other law. Nothing in this Act bars a cause
296	296	19 of action by the State for any other penalty, injunction, or
297	297	20 other relief provided by any other law.
298	298	21 Section 45. Construction.
299	299	22 The provisions of this Act are in addition to, and not in lieu
300	300	23 of, any other laws protecting animal welfare. This Act is not
301	301	24 intended and should not be construed to limit any other State
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312	312	1 law or rule protecting the welfare of animals or to prevent a
313	313	2 local governing body from adopting and enforcing its own
314	314	3 animal welfare laws and regulations that are more stringent
315	315	4 than this Act.
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