Maryland 2025 Regular Session

Maryland Senate Bill SB806 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 EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0806
6	6
7	7	SENATE BILL 806
8	8	M4 5lr1434
9	9	SB 193/24 – EEE CF HB 834
10	10	By: Senator Kramer
11	11	Introduced and read first time: January 28, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Agriculture – Confinement of Egg–Laying Hens in Commercial Egg Production – 2
19	19	Prohibitions 3
20	20
21	21	FOR the purpose of prohibiting a farm owner or operator from knowingly confining certain 4
22	22	egg–laying hens in an enclosure in a certain manner, subject to certain exceptions, 5
23	23	on or after a certain date; prohibiting a business owner or operator or a farm owner 6
24	24	or operator from selling shell eggs or egg products under certain circumstances on or 7
25	25	after a certain date; and generally relating to confinement of egg–laying hens in 8
26	26	commercial egg production. 9
27	27
28	28	BY adding to 10
29	29	Article – Agriculture 11
30	30	Section 3–1101 through 3–1108 to be under the new subtitle “Subtitle 11. 12
31	31	Confinement of Egg–Laying Hens in Commercial Egg Production” 13
32	32	Annotated Code of Maryland 14
33	33	(2016 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY repealing and reenacting, without amendments, 16
36	36	Article – Agriculture 17
37	37	Section 4–301(a) and (h) 18
38	38	Annotated Code of Maryland 19
39	39	(2016 Replacement Volume and 2024 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Agriculture 23
45	45
46	46	SUBTITLE 11. CONFINEMENT OF EGG–LAYING HENS IN COMMERCIAL EGG 24
47	47	PRODUCTION. 25 2 SENATE BILL 806
48	48
49	49
50	50
51	51	3–1101. 1
52	52
53	53	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
54	54	INDICATED. 3
55	55
56	56	(B) (1) “BUSINESS OWNER OR OPE RATOR” MEANS ANY PERSON THA T 4
57	57	OWNS OR CONTROLS THE OPERATIONS OF A BUSI NESS. 5
58	58
59	59	(2) “BUSINESS OWNER OR OPE RATOR” INCLUDES A PERSON TH AT 6
60	60	OWNS OR CONTROLS THE OPERATIONS OF : 7
61	61
62	62	(I) A RETAIL BUSINESS ; 8
63	63
64	64	(II) A WHOLESALE BUSINESS ; 9
65	65
66	66	(III) A DISTRIBUTION BUSINES S; OR 10
67	67
68	68	(IV) A FOOD SERVICE BUSINES S. 11
69	69
70	70	(C) (1) “CAGE–FREE HOUSING SYSTEM ” MEANS AN INDOOR OR O UTDOOR 12
71	71	CONTROLLED ENVIRONME NT FOR EGG–LAYING HENS WITHIN W HICH HENS: 13
72	72
73	73	(I) ARE FREE TO ROAM UNRE STRICTED; 14
74	74
75	75	(II) ARE PROVIDED ENRICHME NTS THAT ALLOW THE H ENS TO 15
76	76	EXHIBIT NATURAL BEHA VIORS, INCLUDING, AT A MINIMUM , SCRATCH AREAS , 16
77	77	PERCHES, NEST BOXES, AND DUST BATHING ARE AS; AND 17
78	78
79	79	(III) MAY BE PROVIDED CARE BY EMPLOYEES WHILE W ITHIN 18
80	80	THE HENS’ USABLE FLOOR SPACE . 19
81	81
82	82	(2) “CAGE–FREE HOUSING SYSTEM ” INCLUDES: 20
83	83
84	84	(I) MULTITIERED AVIARIES IN WHICH EGG–LAYING HENS HAVE 21
85	85	UNFETTERED ACCESS TO MULTIPLE ELEVATED PL ATFORMS THAT PROVIDE THE 22
86	86	EGG–LAYING HENS WITH USA BLE FLOOR SPACE ON T OP OF AND BELOW THE 23
87	87	PLATFORMS ; 24
88	88
89	89	(II) PARTIALLY SLATTED SYS TEMS IN WHICH EGG –LAYING 25
90	90	HENS HAV E UNFETTERED ACCESS TO ELEVATED PLATFORM S UNDER WHICH 26
91	91	MANURE DROPS THROUGH THE FLOORING TO A PI T OR LITTER REMOVAL BELT 27
92	92	BELOW; 28 SENATE BILL 806 3
93	93
94	94
95	95
96	96	(III) SINGLE–LEVEL, ALL–LITTER FLOOR SYSTEMS BEDDED 1
97	97	WITH LITTER IN WHICH EGG–LAYING HENS HAVE LIM ITED OR NO ACCESS TO 2
98	98	ELEVATED PLATFORMS ; AND 3
99	99
100	100	(IV) ANY OTHER SYSTEM THAT MEETS THE REQUIREMEN TS OF 4
101	101	THIS SUBTITLE. 5
102	102
103	103	(3) “CAGE–FREE HOUSING SYSTEM ” DOES NOT INCLUDE SYS TEMS 6
104	104	COMMONLY DESCRIBED A S BATTERY CAGES , COLONY CAGES , ENRICHED CAGES , 7
105	105	ENRICHED COLONY CAGE S, MODIFIED CAGES , CONVERTIBLE CAGES , FURNISHED 8
106	106	CAGES, OR SIMILAR CAGE SYST EMS. 9
107	107
108	108	(D) “EGG–LAYING HEN” MEANS ANY LIVING FEM ALE DOMESTICATED BIR D 10
109	109	KEPT FOR THE PURPOSE OF COMMERCIAL EGG PR ODUCTION. 11
110	110
111	111	(E) (1) “EGG PRODUCTS ” MEANS RAW OR TREATED POULTRY EGGS THAT 12
112	112	HAVE BEEN REMOVED FROM THE SHE LL, IN LIQUID, SOLID, DRIED, OR FROZEN 13
113	113	FORM, AND ARE INTENDED FOR HUMAN FOOD . 14
114	114
115	115	(2) “EGG PRODUCTS ” INCLUDES RAW AND COO KED EGGS, EGGS WITH 15
116	116	THE YOLKS AND WHITES IN THEIR NATURAL PRO PORTIONS, AND EGGS WITH THE 16
117	117	YOLKS AND WHITES SEP ARATED, MIXED, OR MIXED AND STRAINE D. 17
118	118
119	119	(3) “EGG PRODUCTS ” DOES NOT INCLUDE COM BINATION FOOD 18
120	120	PRODUCTS THAT ARE CO MPOSED OF MORE THAN JUST EGG PRODUCTS AN D FOOD 19
121	121	ADDITIVES, SUCH AS SUGAR , SALT, WATER, SEASONING, COLORING, FLAVORING, 20
122	122	PRESERVATIVES , STABILIZERS, OR SIMILAR FOOD ADDITIV ES. 21
123	123
124	124	(F) “FARM” MEANS THE LAND , BUILDINGS, SUPPORT FACILITIES , AND 22
125	125	OTHER EQUIPMENT THAT ARE WHOLLY OR PARTIA LLY USED FOR THE COM MERCIAL 23
126	126	PRODUCTION OF ANIMAL S OR ANIMAL PRODUCTS USED FOR FOOD , NOT INCLUDING 24
127	127	LIVE ANIMAL MARKETS AND OFFICIAL PLANTS AT WHICH MANDATORY INSPECTION 25
128	128	IS MAINTAINED UNDER 21 U.S.C. § 1031 ET SEQ. 26
129	129
130	130	(G) “SALE” MEANS A COMMERCIAL S ALE OF SHELL EGGS OR EGG 27
131	131	PRODUCTS. 28
132	132
133	133	(H) “SHELL EGGS” HAS THE MEANING STAT ED IN § 4–301 OF THIS ARTICLE. 29
134	134
135	135	(I) (1) “USABLE FLOOR SPACE ” MEANS THE TOTAL SQUA RE FOOTAGE OF 30
136	136	FLOOR SPACE PROVIDED TO EACH EGG–LAYING HEN, AS CALCULATED BY DIV IDING 31
137	137	THE TOTAL SQUARE FOO TAGE OF THE FLOOR SP ACE PROVIDED TO THE EGG–LAYING 32 4 SENATE BILL 806
138	138
139	139
140	140	HENS IN THE ENCLOSUR E BY THE NUMBER OF E GG–LAYING HENS IN THAT 1
141	141	ENCLOSURE . 2
142	142
143	143	(2) “USABLE FLOOR SPACE ” INCLUDES GROUND AND ELEVATED 3
144	144	LEVEL OR NEARLY LEVE L FLAT PLATFORMS UPO N WHICH HENS CAN ROO ST. 4
145	145
146	146	(3) “USABLE FLOOR SPACE ” DOES NOT INCLUDE PER CHES OR RAMPS . 5
147	147
148	148	3–1102. 6
149	149
150	150	THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT THE REGU LATION OF 7
151	151	EGG PRODUCTION ON FARM S IN THE STATE AND OF THE SALE OF EGGS AND EGG 8
152	152	PRODUCTS IN THE STATE WILL FURTHER TH E GENERAL ASSEMBLY’S GOALS TO 9
153	153	PROTECT THE PUBLIC H EALTH AND WELFARE OF CONSUMERS , TO PROMOTE FOOD 10
154	154	SAFETY, AND TO ADVANCE ANIMA L WELFARE. 11
155	155
156	156	3–1103. 12
157	157
158	158	THE PROVISIONS OF THI S SUBTITLE DO NOT AP PLY TO THE PRODUCTIO N IN 13
159	159	THE STATE OR THE SALE IN THE STATE OF SHELL EGGS B Y A FARM OWNER OR 14
160	160	OPERATOR THAT ANNUAL LY PRODUCES SHELL EG GS FROM FEWER THAN 5,000 15
161	161	EGG–LAYING HENS, IF ALL SHELL EGGS SO LD IN THE STATE BY THE FARM OWNER 16
162	162	OR OPERATOR ARE DERI VED FROM THE 5,000 OR FEWER EGG –LAYING HENS. 17
163	163
164	164	3–1104. 18
165	165
166	166	(A) THIS SECTION DOES NOT APPLY TO THE CONFINE MENT OF EGG–LAYING 19
167	167	HENS FOR THE PURPOSE S OF: 20
168	168
169	169	(1) MEDICAL RESEARCH ; 21
170	170
171	171	(2) EXAMINATION, TESTING, INDIVIDUAL TREATMENT , OR 22
172	172	OPERATION FOR VETERI NARY PURPOSES PERFOR MED BY OR UNDER THE DIRECT 23
173	173	SUPERVISION OF A LIC ENSED VETERINARIAN ; 24
174	174
175	175	(3) TRANSPORTING EGG –LAYING HENS; 25
176	176
177	177	(4) STATE OR COUNTY FAIR EXHIBITIONS, 4–H PROGRAMS, OR 26
178	178	SIMILAR EXHIBITIONS ; OR 27
179	179
180	180	(5) ANIMAL HUSBANDRY , PROVIDED THAT THE CO NFINEMENT IS FOR 28
181	181	NOT MORE THAN 6 HOURS IN A 24–HOUR PERIOD AND 24 HOURS IN A 30–DAY 29
182	182	PERIOD. 30 SENATE BILL 806 5
183	183
184	184
185	185
186	186	(B) ON AND AFTER JANUARY 1, 2030, A FARM OWNER OR OPER ATOR MAY 1
187	187	NOT KNOWINGLY CONFIN E AN EGG–LAYING HEN IN AN ENC LOSURE THAT : 2
188	188
189	189	(1) IS NOT A CAGE–FREE HOUSING SYSTEM ; 3
190	190
191	191	(2) HAS LESS THAN 1.0 SQUARE FOOT OF USABL E FLOOR SPACE PER 4
192	192	HEN IN A CAGE–FREE HOUSING SYSTEM THAT PROVIDES EGG –LAYING HENS WITH 5
193	193	UNFETTERED ACCESS TO VERTICAL SPACE , SUCH AS A MULTITIERE D AVIARY OR A 6
194	194	PARTIALLY SLATTED SY STEM; OR 7
195	195
196	196	(3) HAS LESS THAN 1.5 SQUARE FEET OF USABL E FLOOR SPACE PER 8
197	197	HEN IN A CAGE –FREE HOUSING SYSTEM THAT DOES NOT PROVID E EGG–LAYING 9
198	198	HENS WITH UNFETTERED ACCESS TO VERTICAL S PACE, SUCH AS A MULTITIERE D 10
199	199	AVIARY OR A PARTIALL Y SLATTED SYSTEM . 11
200	200
201	201	3–1105. 12
202	202
203	203	(A) IN THIS SECTION , A SALE IS DEEMED TO OCCUR AT THE LOCATIO N 13
204	204	WHERE THE BUYER TAKE S PHYSICAL POSSESSIO N OF THE SHELL EGGS OR EGG 14
205	205	PRODUCTS. 15
206	206
207	207	(B) ON AND AFTER JANUARY 1, 2030, A BUSINESS OWNER OR OPERATOR OR 16
208	208	FARM OWNER OR OPERAT OR MAY NOT SELL SHEL L EGGS OR EGG PRODUC TS THAT 17
209	209	THE OWNER OR OPERATO R KNOWS OR SHOULD HA VE KNOWN WERE PRODUC ED BY 18
210	210	AN EGG–LAYING HEN THAT WAS CONFINED IN A MANNER INCONSISTENT WITH § 19
211	211	3–1104 OF THIS SUBTITLE . 20
212	212
213	213	(C) IT IS A DEFENSE TO AN Y ACTION TO ENFORCE THIS SUBTITLE THAT A 21
214	214	BUSINESS OWNER OR OP ERATOR RELIED IN GOO D FAITH ON A WRITTEN 22
215	215	CERTIFICATION OBTAIN ED THAT THE SHELL EG GS OR EGG PRODUCTS A T ISSUE 23
216	216	WERE NOT DERIVED FRO M EGG–LAYING HENS THAT WER E CONFINED IN A MANN ER 24
217	217	INCONSISTENT WITH § 3–1104 OF THIS SUBTITLE. 25
218	218
219	219	3–1106. 26
220	220
221	221	THE SECRETARY SHALL : 27
222	222
223	223	(1) ADMINISTER AND ENFORC E THIS SUBTITLE; AND 28
224	224
225	225	(2) ON OR BEFORE JULY 1, 2027, ADOPT REGULATIONS TO CARRY 29
226	226	OUT THE PROVISIONS O F THIS SUBTITLE. 30
227	227	6 SENATE BILL 806
228	228
229	229
230	230	3–1107. 1
231	231
232	232	(A) IF THE SECRETARY FINDS THAT SHELL EGGS OR EGG PR ODUCTS ARE 2
233	233	BEING SOLD IN VIOLAT ION OF THIS SUBTITLE , THE SECRETARY MAY ISSUE A 3
234	234	WRITTEN OR PRINTED “STOP–SALE” ORDER TO THE PERSON VIOLATING THIS 4
235	235	SUBTITLE. 5
236	236
237	237	(B) AFTER RECEIPT OF AN ORDER ISSUED UNDER T HIS SECTION, THE 6
238	238	RECIPIENT OF THE ORD ER MAY NOT SELL ANY SHELL EGGS OR EGG PR ODUCTS 7
239	239	SUBJECT TO THE ORDER . 8
240	240
241	241	(C) A PERSON WHO HAS BEEN ISSUED A “STOP–SALE” ORDER UNDER THIS 9
242	242	SECTION MAY APPEAL T O THE SECRETARY. 10
243	243
244	244	3–1108. 11
245	245
246	246	(A) IN ADDITION TO ANY OTHER ENFORCE MENT ACTION TAKEN BY THE 12
247	247	SECRETARY UNDER § 3–1107 OF THIS SUBTITLE , THE SECRETARY SHALL IMPOS E A 13
248	248	CIVIL PENALTY FOR EA CH VIOLATION IN AN A MOUNT NOT EXCEEDING : 14
249	249
250	250	(1) $500 FOR A FIRST VIOLATIO N; 15
251	251
252	252	(2) $1,000 FOR A SECOND VIOLATI ON; AND 16
253	253
254	254	(3) $2,000 FOR A THIRD OR SUBSE QUENT VIOLATION . 17
255	255
256	256	(B) THE CRIMINAL PENALTIE S UNDER TITLE 12, SUBTITLE 1 OF THIS 18
257	257	ARTICLE DO NOT APPLY TO THIS SUBTITLE. 19
258	258
259	259	4–301. 20
260	260
261	261	(a) In this subtitle the following words have the meanings indicated. 21
262	262
263	263	(h) “Shell eggs” means raw or treated poultry eggs that are still in the shell and 22
264	264	intended for human consumption. 23
265	265
266	266	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
267	267	1, 2025. 25
268	268
269	269