EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0834*
HOUSE BILL 834
M4 5lr1182
CF 5lr1434
By: Delegates Terrasa, Embry, Feldmark, Lehman, Palakovich Carr, Patterson,
Ruth, Wilkins, and Ziegler
Introduced and read first time: January 29, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Agriculture – Confinement of Egg–Laying Hens in Commercial Egg Production – 2
Prohibitions 3
FOR the purpose of prohibiting a farm owner or operator from knowingly confining certain 4
egg–laying hens in an enclosure in a certain manner, subject to certain exceptions, 5
on or after a certain date; prohibiting a business owner or operator or a farm owner 6
or operator from selling shell eggs or egg products under certain circumstances on or 7
after a certain date; and generally relating to confinement of egg–laying hens in 8
commercial egg production. 9
BY adding to 10
Article – Agriculture 11
Section 3–1101 through 3–1108 to be under the new subtitle “Subtitle 11. 12
Confinement of Egg–Laying Hens in Commercial Egg Production” 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, without amendments, 16
Article – Agriculture 17
Section 4–301(a) and (h) 18
Annotated Code of Maryland 19
(2016 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Agriculture 23
2 HOUSE BILL 834
SUBTITLE 11. CONFINEMENT OF EGG–LAYING HENS IN COMMERCIAL EGG 1
PRODUCTION. 2
3–1101. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) (1) “BUSINESS OWNER OR OPE RATOR” MEANS ANY PERSON THA T 6
OWNS OR CONTROLS THE OPERATIONS OF A BUSINESS. 7
(2) “BUSINESS OWNER OR OPE RATOR” INCLUDES A PERSON TH AT 8
OWNS OR CONTROLS THE OPERATIONS OF : 9
(I) A RETAIL BUSINESS; 10
(II) A WHOLESALE BUSINESS ; 11
(III) A DISTRIBUTION BUSINESS ; OR 12
(IV) A FOOD SERVICE BUSINESS . 13
(C) (1) “CAGE–FREE HOUSING SYSTEM ” MEANS AN INDOOR OR O UTDOOR 14
CONTROLLED ENVIRONME NT FOR EGG–LAYING HENS WITHIN W HICH HENS: 15
(I) ARE FREE TO ROAM UNRE STRICTED; 16
(II) ARE PROVIDED ENRICHME NTS THAT ALLOW THE H ENS TO 17
EXHIBIT NATURAL BEHA VIORS, INCLUDING, AT A MINIMUM , SCRATCH AREAS , 18
PERCHES, NEST BOXES, AND DUST BATHING ARE AS; AND 19
(III) MAY BE PROVIDED CARE BY EMPLOYEES WHILE W ITHIN 20
THE HENS’ USABLE FLOOR SPACE . 21
(2) “CAGE–FREE HOUSING SYSTEM ” INCLUDES: 22
(I) MULTITIERED AVIARIES IN WHICH EGG–LAYING HENS HAVE 23
UNFETTERED ACCESS TO MULT IPLE ELEVATED PLATFO RMS THAT PROVIDE THE 24
EGG–LAYING HENS WITH USA BLE FLOOR SPACE ON T OP OF AND BELOW THE 25
PLATFORMS ; 26
(II) PARTIALLY SLATTED SYS TEMS IN WHICH EGG –LAYING 27
HENS HAVE UNFETTERED ACCESS TO ELEVATED P LATFORMS UNDER WHICH 28 HOUSE BILL 834 3
MANURE DROPS THROUGH T HE FLOORING TO A PIT OR LITTER REMOVAL BE LT 1
BELOW; 2
(III) SINGLE–LEVEL, ALL–LITTER FLOOR SYSTEMS BEDDED 3
WITH LITTER IN WHICH EGG–LAYING HENS HAVE LIM ITED OR NO ACCESS TO 4
ELEVATED PLATFORMS ; AND 5
(IV) ANY OTHER SYSTEM THAT MEETS THE REQUIREMENTS OF 6
THIS SUBTITLE. 7
(3) “CAGE–FREE HOUSING SYSTEM ” DOES NOT INCLUDE SYS TEMS 8
COMMONLY DESCRIBED A S BATTERY CAGES , COLONY CAGES , ENRICHED CAGES , 9
ENRICHED COLONY CAGE S, MODIFIED CAGES , CONVERTIBLE CAGES , FURNISHED 10
CAGES, OR SIMILAR CAGE SYST EMS. 11
(D) “EGG–LAYING HEN” MEANS ANY LIVING FEM ALE DOMESTICATED BIR D 12
KEPT FOR THE PURPOSE OF COMMERCIAL EGG PR ODUCTION. 13
(E) (1) “EGG PRODUCTS ” MEANS RAW OR TREATED POULTRY EGGS THAT 14
HAVE BEEN REMOVED FR OM THE SHELL , IN LIQUID, SOLID, DRIED, OR FROZEN 15
FORM, AND ARE INTENDED FOR HUMAN FOOD . 16
(2) “EGG PRODUCTS ” INCLUDES RAW AND COO KED EGGS, EGGS WITH 17
THE YOLKS AND WHITES IN THEIR NATURAL PRO PORTIONS, AND EGGS WITH THE 18
YOLKS AND WHITES SEP ARATED, MIXED, OR MIXED AND STRAINE D. 19
(3) “EGG PRODUCTS ” DOES NOT INCLUDE COMBINAT ION FOOD 20
PRODUCTS THAT ARE CO MPOSED OF MORE THAN JUST EGG PRODUCTS AN D FOOD 21
ADDITIVES, SUCH AS SUGAR , SALT, WATER, SEASONING, COLORING, FLAVORING, 22
PRESERVATIVES , STABILIZERS, OR SIMILAR FOOD ADDI TIVES. 23
(F) “FARM” MEANS THE LAND , BUILDINGS, SUPPORT FACILITIES , AND 24
OTHER EQUIPMENT THAT ARE WHOLLY OR PARTIA LLY USED FOR THE COM MERCIAL 25
PRODUCTION OF ANIMAL S OR ANIMAL PRODUCTS USED FOR FOOD , NOT INCLUDING 26
LIVE ANIMAL MARKETS AND OFFICIAL PLANTS AT WHICH MANDATORY I NSPECTION 27
IS MAINTAINED UND ER 21 U.S.C. § 1031 ET SEQ. 28
(G) “SALE” MEANS A COMMERCIAL S ALE OF SHELL EGGS OR EGG 29
PRODUCTS. 30
(H) “SHELL EGGS” HAS THE MEANING STAT ED IN § 4–301 OF THIS ARTICLE. 31
4 HOUSE BILL 834
(I) (1) “USABLE FLOOR SPACE ” MEANS THE TOTAL SQUA RE FOOTAGE OF 1
FLOOR SPACE PROVIDED TO EACH EGG–LAYING HEN, AS CALCULATED BY DIV IDING 2
THE TOTAL SQUARE FOO TAGE OF THE FLOOR SP ACE PROVIDED TO THE EGG–LAYING 3
HENS IN THE ENCLOSUR E BY THE NUMBER OF E GG–LAYING HENS IN THAT 4
ENCLOSURE . 5
(2) “USABLE FLOOR SPACE ” INCLUDES GROUND AND ELEVATED 6
LEVEL OR NEARLY LEVEL FLAT PLATFORMS UPON WHICH HENS CAN ROOST . 7
(3) “USABLE FLOOR SPACE ” DOES NOT INCLUDE PER CHES OR RAMPS . 8
3–1102. 9
THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT THE REGU LATION OF 10
EGG PRODUCTION ON FA RMS IN THE STATE AND OF THE SALE OF EGGS AND EGG 11
PRODUCTS IN THE STATE WILL FURTHER TH E GENERAL ASSEMBLY’S GOALS TO 12
PROTECT THE PUBLIC H EALTH AND WELFARE OF CONSUMERS , TO PROMOTE FOOD 13
SAFETY, AND TO ADVANCE ANIMA L WELFARE. 14
3–1103. 15
THE PROVISIONS OF THI S SUBTITLE DO NOT AP PLY TO THE PRODUCTIO N IN 16
THE STATE OR THE SALE IN THE STATE OF SHELL EGGS B Y A FARM OWNER OR 17
OPERATOR THAT ANNUAL LY PRODUCES SHELL EG GS FROM FEWER THAN 5,000 18
EGG–LAYING HENS, IF ALL SHELL EGGS SO LD IN THE STATE BY THE FARM OWNER 19
OR OPERATOR ARE DERI VED FROM THE 5,000 OR FEWER EGG –LAYING HENS. 20
3–1104. 21
(A) THIS SECTION DOES NOT APPLY TO THE CONFINE MENT OF EGG–LAYING 22
HENS FOR THE PURPOSE S OF: 23
(1) MEDICAL RESEARCH ; 24
(2) EXAMINATION, TESTING, INDIVIDUAL TREATMENT , OR 25
OPERATION FOR VETERI NARY PURPOSES PERFOR MED BY OR UNDER THE DIRECT 26
SUPERVISION OF A LIC ENSED VETERINARIAN ; 27
(3) TRANSPORTING EGG –LAYING HENS; 28
(4) STATE OR COUNTY FAIR EXHIBITIONS, 4–H PROGRAMS, OR 29
SIMILAR EXHIBITIONS ; OR 30
HOUSE BILL 834 5
(5) ANIMAL HUSBANDRY , PROVIDED THAT THE CO NFINEMENT IS FOR 1
NOT MORE THAN 6 HOURS IN A 24–HOUR PERIOD AND 24 HOURS IN A 30–DAY 2
PERIOD. 3
(B) ON AND AFTER JANUARY 1, 2030, A FARM OWNER OR OPER ATOR MAY 4
NOT KNOWINGLY CONFIN E AN EGG–LAYING HEN IN AN ENC LOSURE THAT : 5
(1) IS NOT A CAGE–FREE HOUSING SYSTEM ; 6
(2) HAS LESS THAN 1.0 SQUARE FOOT OF USABL E FLOOR SPACE PER 7
HEN IN A CAGE–FREE HOUSING SYSTEM THAT PROVIDES EGG –LAYING HENS WITH 8
UNFETTERED ACCESS TO VERTICAL SPACE , SUCH AS A MULTITIERE D AVIARY OR A 9
PARTIALLY SLATTED SYSTEM; OR 10
(3) HAS LESS THAN 1.5 SQUARE FEET OF USABL E FLOOR SPACE PER 11
HEN IN A CAGE –FREE HOUSING SYSTEM THAT DOES NOT PROVID E EGG–LAYING 12
HENS WITH UNFETTERED ACCESS TO VERTICAL S PACE, SUCH AS A SINGLE–LEVEL 13
ALL–LITTER FLOOR SYSTEM. 14
3–1105. 15
(A) IN THIS SECTION, A SALE IS DEEMED TO OCCUR AT THE LOCATIO N 16
WHERE THE BUYER TAKE S PHYSICAL POSSESSIO N OF THE SHELL EGGS OR EGG 17
PRODUCTS. 18
(B) ON AND AFTER JANUARY 1, 2030, A BUSINESS OWNER OR OPERATOR OR 19
FARM OWNER OR OPERAT OR MAY NOT SELL SHEL L EGGS OR EGG PRODUCTS THAT 20
THE OWNER OR OPERATO R KNOWS OR SHOULD HA VE KNOWN WERE PRODUC ED BY 21
AN EGG–LAYING HEN THAT WAS CONFINED IN A MANNER INCONSISTENT WITH § 22
3–1104 OF THIS SUBTITLE . 23
(C) IT IS A DEFENSE TO AN Y ACTION TO ENFORCE THIS SUBTITLE THAT A 24
BUSINESS OWNER OR OP ERATOR RELIED IN GOO D FAITH ON A WRITTEN 25
CERTIFICATION OBTAIN ED THAT THE SHELL EGGS OR EGG PRODUCTS AT I SSUE 26
WERE NOT DERIVED FRO M EGG–LAYING HENS THAT WER E CONFINED IN A MAN NER 27
INCONSISTENT WITH § 3–1104 OF THIS SUBTITLE. 28
3–1106. 29
THE SECRETARY SHALL : 30
(1) ADMINISTER AND ENFORC E THIS SUBTITLE; AND 31
6 HOUSE BILL 834
(2) ON OR BEFORE JULY 1, 2027, ADOPT REGULATIONS TO CARRY 1
OUT THE PROVISIONS O F THIS SUBTITLE. 2
3–1107. 3
(A) IF THE SECRETARY FINDS THAT SHEL L EGGS OR EGG PRODUC TS ARE 4
BEING SOLD IN VIOLAT ION OF THIS SUBTITLE , THE SECRETARY MAY ISSUE A 5
WRITTEN OR PRINTED “STOP–SALE” ORDER TO THE PERSON VIOLATING THIS 6
SUBTITLE. 7
(B) AFTER RECEIPT OF AN O RDER ISSUED UNDER TH IS SECTION, THE 8
RECIPIENT OF THE ORDER MAY NOT SELL ANY SHE LL EGGS OR EGG PRODU CTS 9
SUBJECT TO THE ORDER . 10
(C) A PERSON WHO HAS BEEN ISSUED A “STOP–SALE” ORDER UNDER THIS 11
SECTION MAY APPEAL T O THE SECRETARY. 12
3–1108. 13
(A) IN ADDITION TO ANY OT HER ENFORCEMENT ACTI ON TAKEN B Y THE 14
SECRETARY UNDER § 3–1107 OF THIS SUBTITLE , THE SECRETARY SHALL IMPOS E A 15
CIVIL PENALTY FOR EA CH VIOLATION IN AN AMOUNT NOT EXC EEDING: 16
(1) $500 FOR A FIRST VIOLATIO N; 17
(2) $1,000 FOR A SECOND VIOLATI ON; AND 18
(3) $2,000 FOR A THIRD OR SUBSE QUENT VIOLATION. 19
(B) THE CRIMINAL PENALTIE S UNDER TITLE 12, SUBTITLE 1 OF THIS 20
ARTICLE DO NOT APPLY TO THIS SUBTITLE. 21
4–301. 22
(a) In this subtitle the following words have the meanings indicated. 23
(h) “Shell eggs” means raw or treated poultry eggs that are still in the shell and 24
intended for human consumption. 25
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 26
1, 2025. 27