Maryland 2025 Regular Session

Maryland House Bill HB834 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0834
6	6
7	7	HOUSE BILL 834
8	8	M4 5lr1182
9	9	CF 5lr1434
10	10	By: Delegates Terrasa, Embry, Feldmark, Lehman, Palakovich Carr, Patterson,
11	11	Ruth, Wilkins, and Ziegler
12	12	Introduced and read first time: January 29, 2025
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Agriculture – Confinement of Egg–Laying Hens in Commercial Egg Production – 2
20	20	Prohibitions 3
21	21
22	22	FOR the purpose of prohibiting a farm owner or operator from knowingly confining certain 4
23	23	egg–laying hens in an enclosure in a certain manner, subject to certain exceptions, 5
24	24	on or after a certain date; prohibiting a business owner or operator or a farm owner 6
25	25	or operator from selling shell eggs or egg products under certain circumstances on or 7
26	26	after a certain date; and generally relating to confinement of egg–laying hens in 8
27	27	commercial egg production. 9
28	28
29	29	BY adding to 10
30	30	Article – Agriculture 11
31	31	Section 3–1101 through 3–1108 to be under the new subtitle “Subtitle 11. 12
32	32	Confinement of Egg–Laying Hens in Commercial Egg Production” 13
33	33	Annotated Code of Maryland 14
34	34	(2016 Replacement Volume and 2024 Supplement) 15
35	35
36	36	BY repealing and reenacting, without amendments, 16
37	37	Article – Agriculture 17
38	38	Section 4–301(a) and (h) 18
39	39	Annotated Code of Maryland 19
40	40	(2016 Replacement Volume and 2024 Supplement) 20
41	41
42	42	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43	43	That the Laws of Maryland read as follows: 22
44	44
45	45	Article – Agriculture 23
46	46	2 HOUSE BILL 834
47	47
48	48
49	49	SUBTITLE 11. CONFINEMENT OF EGG–LAYING HENS IN COMMERCIAL EGG 1
50	50	PRODUCTION. 2
51	51
52	52	3–1101. 3
53	53
54	54	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
55	55	INDICATED. 5
56	56
57	57	(B) (1) “BUSINESS OWNER OR OPE RATOR” MEANS ANY PERSON THA T 6
58	58	OWNS OR CONTROLS THE OPERATIONS OF A BUSINESS. 7
59	59
60	60	(2) “BUSINESS OWNER OR OPE RATOR” INCLUDES A PERSON TH AT 8
61	61	OWNS OR CONTROLS THE OPERATIONS OF : 9
62	62
63	63	(I) A RETAIL BUSINESS; 10
64	64
65	65	(II) A WHOLESALE BUSINESS ; 11
66	66
67	67	(III) A DISTRIBUTION BUSINESS ; OR 12
68	68
69	69	(IV) A FOOD SERVICE BUSINESS . 13
70	70
71	71	(C) (1) “CAGE–FREE HOUSING SYSTEM ” MEANS AN INDOOR OR O UTDOOR 14
72	72	CONTROLLED ENVIRONME NT FOR EGG–LAYING HENS WITHIN W HICH HENS: 15
73	73
74	74	(I) ARE FREE TO ROAM UNRE STRICTED; 16
75	75
76	76	(II) ARE PROVIDED ENRICHME NTS THAT ALLOW THE H ENS TO 17
77	77	EXHIBIT NATURAL BEHA VIORS, INCLUDING, AT A MINIMUM , SCRATCH AREAS , 18
78	78	PERCHES, NEST BOXES, AND DUST BATHING ARE AS; AND 19
79	79
80	80	(III) MAY BE PROVIDED CARE BY EMPLOYEES WHILE W ITHIN 20
81	81	THE HENS’ USABLE FLOOR SPACE . 21
82	82
83	83	(2) “CAGE–FREE HOUSING SYSTEM ” INCLUDES: 22
84	84
85	85	(I) MULTITIERED AVIARIES IN WHICH EGG–LAYING HENS HAVE 23
86	86	UNFETTERED ACCESS TO MULT IPLE ELEVATED PLATFO RMS THAT PROVIDE THE 24
87	87	EGG–LAYING HENS WITH USA BLE FLOOR SPACE ON T OP OF AND BELOW THE 25
88	88	PLATFORMS ; 26
89	89
90	90	(II) PARTIALLY SLATTED SYS TEMS IN WHICH EGG –LAYING 27
91	91	HENS HAVE UNFETTERED ACCESS TO ELEVATED P LATFORMS UNDER WHICH 28 HOUSE BILL 834 3
92	92
93	93
94	94	MANURE DROPS THROUGH T HE FLOORING TO A PIT OR LITTER REMOVAL BE LT 1
95	95	BELOW; 2
96	96
97	97	(III) SINGLE–LEVEL, ALL–LITTER FLOOR SYSTEMS BEDDED 3
98	98	WITH LITTER IN WHICH EGG–LAYING HENS HAVE LIM ITED OR NO ACCESS TO 4
99	99	ELEVATED PLATFORMS ; AND 5
100	100
101	101	(IV) ANY OTHER SYSTEM THAT MEETS THE REQUIREMENTS OF 6
102	102	THIS SUBTITLE. 7
103	103
104	104	(3) “CAGE–FREE HOUSING SYSTEM ” DOES NOT INCLUDE SYS TEMS 8
105	105	COMMONLY DESCRIBED A S BATTERY CAGES , COLONY CAGES , ENRICHED CAGES , 9
106	106	ENRICHED COLONY CAGE S, MODIFIED CAGES , CONVERTIBLE CAGES , FURNISHED 10
107	107	CAGES, OR SIMILAR CAGE SYST EMS. 11
108	108
109	109	(D) “EGG–LAYING HEN” MEANS ANY LIVING FEM ALE DOMESTICATED BIR D 12
110	110	KEPT FOR THE PURPOSE OF COMMERCIAL EGG PR ODUCTION. 13
111	111
112	112	(E) (1) “EGG PRODUCTS ” MEANS RAW OR TREATED POULTRY EGGS THAT 14
113	113	HAVE BEEN REMOVED FR OM THE SHELL , IN LIQUID, SOLID, DRIED, OR FROZEN 15
114	114	FORM, AND ARE INTENDED FOR HUMAN FOOD . 16
115	115
116	116	(2) “EGG PRODUCTS ” INCLUDES RAW AND COO KED EGGS, EGGS WITH 17
117	117	THE YOLKS AND WHITES IN THEIR NATURAL PRO PORTIONS, AND EGGS WITH THE 18
118	118	YOLKS AND WHITES SEP ARATED, MIXED, OR MIXED AND STRAINE D. 19
119	119
120	120	(3) “EGG PRODUCTS ” DOES NOT INCLUDE COMBINAT ION FOOD 20
121	121	PRODUCTS THAT ARE CO MPOSED OF MORE THAN JUST EGG PRODUCTS AN D FOOD 21
122	122	ADDITIVES, SUCH AS SUGAR , SALT, WATER, SEASONING, COLORING, FLAVORING, 22
123	123	PRESERVATIVES , STABILIZERS, OR SIMILAR FOOD ADDI TIVES. 23
124	124
125	125	(F) “FARM” MEANS THE LAND , BUILDINGS, SUPPORT FACILITIES , AND 24
126	126	OTHER EQUIPMENT THAT ARE WHOLLY OR PARTIA LLY USED FOR THE COM MERCIAL 25
127	127	PRODUCTION OF ANIMAL S OR ANIMAL PRODUCTS USED FOR FOOD , NOT INCLUDING 26
128	128	LIVE ANIMAL MARKETS AND OFFICIAL PLANTS AT WHICH MANDATORY I NSPECTION 27
129	129	IS MAINTAINED UND ER 21 U.S.C. § 1031 ET SEQ. 28
130	130
131	131	(G) “SALE” MEANS A COMMERCIAL S ALE OF SHELL EGGS OR EGG 29
132	132	PRODUCTS. 30
133	133
134	134	(H) “SHELL EGGS” HAS THE MEANING STAT ED IN § 4–301 OF THIS ARTICLE. 31
135	135	4 HOUSE BILL 834
136	136
137	137
138	138	(I) (1) “USABLE FLOOR SPACE ” MEANS THE TOTAL SQUA RE FOOTAGE OF 1
139	139	FLOOR SPACE PROVIDED TO EACH EGG–LAYING HEN, AS CALCULATED BY DIV IDING 2
140	140	THE TOTAL SQUARE FOO TAGE OF THE FLOOR SP ACE PROVIDED TO THE EGG–LAYING 3
141	141	HENS IN THE ENCLOSUR E BY THE NUMBER OF E GG–LAYING HENS IN THAT 4
142	142	ENCLOSURE . 5
143	143
144	144	(2) “USABLE FLOOR SPACE ” INCLUDES GROUND AND ELEVATED 6
145	145	LEVEL OR NEARLY LEVEL FLAT PLATFORMS UPON WHICH HENS CAN ROOST . 7
146	146
147	147	(3) “USABLE FLOOR SPACE ” DOES NOT INCLUDE PER CHES OR RAMPS . 8
148	148
149	149	3–1102. 9
150	150
151	151	THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT THE REGU LATION OF 10
152	152	EGG PRODUCTION ON FA RMS IN THE STATE AND OF THE SALE OF EGGS AND EGG 11
153	153	PRODUCTS IN THE STATE WILL FURTHER TH E GENERAL ASSEMBLY’S GOALS TO 12
154	154	PROTECT THE PUBLIC H EALTH AND WELFARE OF CONSUMERS , TO PROMOTE FOOD 13
155	155	SAFETY, AND TO ADVANCE ANIMA L WELFARE. 14
156	156
157	157	3–1103. 15
158	158
159	159	THE PROVISIONS OF THI S SUBTITLE DO NOT AP PLY TO THE PRODUCTIO N IN 16
160	160	THE STATE OR THE SALE IN THE STATE OF SHELL EGGS B Y A FARM OWNER OR 17
161	161	OPERATOR THAT ANNUAL LY PRODUCES SHELL EG GS FROM FEWER THAN 5,000 18
162	162	EGG–LAYING HENS, IF ALL SHELL EGGS SO LD IN THE STATE BY THE FARM OWNER 19
163	163	OR OPERATOR ARE DERI VED FROM THE 5,000 OR FEWER EGG –LAYING HENS. 20
164	164
165	165	3–1104. 21
166	166
167	167	(A) THIS SECTION DOES NOT APPLY TO THE CONFINE MENT OF EGG–LAYING 22
168	168	HENS FOR THE PURPOSE S OF: 23
169	169
170	170	(1) MEDICAL RESEARCH ; 24
171	171
172	172	(2) EXAMINATION, TESTING, INDIVIDUAL TREATMENT , OR 25
173	173	OPERATION FOR VETERI NARY PURPOSES PERFOR MED BY OR UNDER THE DIRECT 26
174	174	SUPERVISION OF A LIC ENSED VETERINARIAN ; 27
175	175
176	176	(3) TRANSPORTING EGG –LAYING HENS; 28
177	177
178	178	(4) STATE OR COUNTY FAIR EXHIBITIONS, 4–H PROGRAMS, OR 29
179	179	SIMILAR EXHIBITIONS ; OR 30
180	180	HOUSE BILL 834 5
181	181
182	182
183	183	(5) ANIMAL HUSBANDRY , PROVIDED THAT THE CO NFINEMENT IS FOR 1
184	184	NOT MORE THAN 6 HOURS IN A 24–HOUR PERIOD AND 24 HOURS IN A 30–DAY 2
185	185	PERIOD. 3
186	186
187	187	(B) ON AND AFTER JANUARY 1, 2030, A FARM OWNER OR OPER ATOR MAY 4
188	188	NOT KNOWINGLY CONFIN E AN EGG–LAYING HEN IN AN ENC LOSURE THAT : 5
189	189
190	190	(1) IS NOT A CAGE–FREE HOUSING SYSTEM ; 6
191	191
192	192	(2) HAS LESS THAN 1.0 SQUARE FOOT OF USABL E FLOOR SPACE PER 7
193	193	HEN IN A CAGE–FREE HOUSING SYSTEM THAT PROVIDES EGG –LAYING HENS WITH 8
194	194	UNFETTERED ACCESS TO VERTICAL SPACE , SUCH AS A MULTITIERE D AVIARY OR A 9
195	195	PARTIALLY SLATTED SYSTEM; OR 10
196	196
197	197	(3) HAS LESS THAN 1.5 SQUARE FEET OF USABL E FLOOR SPACE PER 11
198	198	HEN IN A CAGE –FREE HOUSING SYSTEM THAT DOES NOT PROVID E EGG–LAYING 12
199	199	HENS WITH UNFETTERED ACCESS TO VERTICAL S PACE, SUCH AS A SINGLE–LEVEL 13
200	200	ALL–LITTER FLOOR SYSTEM. 14
201	201
202	202	3–1105. 15
203	203
204	204	(A) IN THIS SECTION, A SALE IS DEEMED TO OCCUR AT THE LOCATIO N 16
205	205	WHERE THE BUYER TAKE S PHYSICAL POSSESSIO N OF THE SHELL EGGS OR EGG 17
206	206	PRODUCTS. 18
207	207
208	208	(B) ON AND AFTER JANUARY 1, 2030, A BUSINESS OWNER OR OPERATOR OR 19
209	209	FARM OWNER OR OPERAT OR MAY NOT SELL SHEL L EGGS OR EGG PRODUCTS THAT 20
210	210	THE OWNER OR OPERATO R KNOWS OR SHOULD HA VE KNOWN WERE PRODUC ED BY 21
211	211	AN EGG–LAYING HEN THAT WAS CONFINED IN A MANNER INCONSISTENT WITH § 22
212	212	3–1104 OF THIS SUBTITLE . 23
213	213
214	214	(C) IT IS A DEFENSE TO AN Y ACTION TO ENFORCE THIS SUBTITLE THAT A 24
215	215	BUSINESS OWNER OR OP ERATOR RELIED IN GOO D FAITH ON A WRITTEN 25
216	216	CERTIFICATION OBTAIN ED THAT THE SHELL EGGS OR EGG PRODUCTS AT I SSUE 26
217	217	WERE NOT DERIVED FRO M EGG–LAYING HENS THAT WER E CONFINED IN A MAN NER 27
218	218	INCONSISTENT WITH § 3–1104 OF THIS SUBTITLE. 28
219	219
220	220	3–1106. 29
221	221
222	222	THE SECRETARY SHALL : 30
223	223
224	224	(1) ADMINISTER AND ENFORC E THIS SUBTITLE; AND 31
225	225	6 HOUSE BILL 834
226	226
227	227
228	228	(2) ON OR BEFORE JULY 1, 2027, ADOPT REGULATIONS TO CARRY 1
229	229	OUT THE PROVISIONS O F THIS SUBTITLE. 2
230	230
231	231	3–1107. 3
232	232
233	233	(A) IF THE SECRETARY FINDS THAT SHEL L EGGS OR EGG PRODUC TS ARE 4
234	234	BEING SOLD IN VIOLAT ION OF THIS SUBTITLE , THE SECRETARY MAY ISSUE A 5
235	235	WRITTEN OR PRINTED “STOP–SALE” ORDER TO THE PERSON VIOLATING THIS 6
236	236	SUBTITLE. 7
237	237
238	238	(B) AFTER RECEIPT OF AN O RDER ISSUED UNDER TH IS SECTION, THE 8
239	239	RECIPIENT OF THE ORDER MAY NOT SELL ANY SHE LL EGGS OR EGG PRODU CTS 9
240	240	SUBJECT TO THE ORDER . 10
241	241
242	242	(C) A PERSON WHO HAS BEEN ISSUED A “STOP–SALE” ORDER UNDER THIS 11
243	243	SECTION MAY APPEAL T O THE SECRETARY. 12
244	244
245	245	3–1108. 13
246	246
247	247	(A) IN ADDITION TO ANY OT HER ENFORCEMENT ACTI ON TAKEN B Y THE 14
248	248	SECRETARY UNDER § 3–1107 OF THIS SUBTITLE , THE SECRETARY SHALL IMPOS E A 15
249	249	CIVIL PENALTY FOR EA CH VIOLATION IN AN AMOUNT NOT EXC EEDING: 16
250	250
251	251	(1) $500 FOR A FIRST VIOLATIO N; 17
252	252
253	253	(2) $1,000 FOR A SECOND VIOLATI ON; AND 18
254	254
255	255	(3) $2,000 FOR A THIRD OR SUBSE QUENT VIOLATION. 19
256	256
257	257	(B) THE CRIMINAL PENALTIE S UNDER TITLE 12, SUBTITLE 1 OF THIS 20
258	258	ARTICLE DO NOT APPLY TO THIS SUBTITLE. 21
259	259
260	260	4–301. 22
261	261
262	262	(a) In this subtitle the following words have the meanings indicated. 23
263	263
264	264	(h) “Shell eggs” means raw or treated poultry eggs that are still in the shell and 24
265	265	intended for human consumption. 25
266	266
267	267	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
268	268	1, 2025. 27
269	269