EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0806*
SENATE BILL 806
M4 5lr1434
SB 193/24 – EEE CF HB 834
By: Senator Kramer
Introduced and read first time: January 28, 2025
Assigned to: Education, Energy, and the Environment
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
SUBTITLE 11. CONFINEMENT OF EGG–LAYING HENS IN COMMERCIAL EGG 24
PRODUCTION. 25 2 SENATE BILL 806
3–1101. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3
(B) (1) “BUSINESS OWNER OR OPE RATOR” MEANS ANY PERSON THA T 4
OWNS OR CONTROLS THE OPERATIONS OF A BUSI NESS. 5
(2) “BUSINESS OWNER OR OPE RATOR” INCLUDES A PERSON TH AT 6
OWNS OR CONTROLS THE OPERATIONS OF : 7
(I) A RETAIL BUSINESS ; 8
(II) A WHOLESALE BUSINESS ; 9
(III) A DISTRIBUTION BUSINES S; OR 10
(IV) A FOOD SERVICE BUSINES S. 11
(C) (1) “CAGE–FREE HOUSING SYSTEM ” MEANS AN INDOOR OR O UTDOOR 12
CONTROLLED ENVIRONME NT FOR EGG–LAYING HENS WITHIN W HICH HENS: 13
(I) ARE FREE TO ROAM UNRE STRICTED; 14
(II) ARE PROVIDED ENRICHME NTS THAT ALLOW THE H ENS TO 15
EXHIBIT NATURAL BEHA VIORS, INCLUDING, AT A MINIMUM , SCRATCH AREAS , 16
PERCHES, NEST BOXES, AND DUST BATHING ARE AS; AND 17
(III) MAY BE PROVIDED CARE BY EMPLOYEES WHILE W ITHIN 18
THE HENS’ USABLE FLOOR SPACE . 19
(2) “CAGE–FREE HOUSING SYSTEM ” INCLUDES: 20
(I) MULTITIERED AVIARIES IN WHICH EGG–LAYING HENS HAVE 21
UNFETTERED ACCESS TO MULTIPLE ELEVATED PL ATFORMS THAT PROVIDE THE 22
EGG–LAYING HENS WITH USA BLE FLOOR SPACE ON T OP OF AND BELOW THE 23
PLATFORMS ; 24
(II) PARTIALLY SLATTED SYS TEMS IN WHICH EGG –LAYING 25
HENS HAV E UNFETTERED ACCESS TO ELEVATED PLATFORM S UNDER WHICH 26
MANURE DROPS THROUGH THE FLOORING TO A PI T OR LITTER REMOVAL BELT 27
BELOW; 28 SENATE BILL 806 3
(III) SINGLE–LEVEL, ALL–LITTER FLOOR SYSTEMS BEDDED 1
WITH LITTER IN WHICH EGG–LAYING HENS HAVE LIM ITED OR NO ACCESS TO 2
ELEVATED PLATFORMS ; AND 3
(IV) ANY OTHER SYSTEM THAT MEETS THE REQUIREMEN TS OF 4
THIS SUBTITLE. 5
(3) “CAGE–FREE HOUSING SYSTEM ” DOES NOT INCLUDE SYS TEMS 6
COMMONLY DESCRIBED A S BATTERY CAGES , COLONY CAGES , ENRICHED CAGES , 7
ENRICHED COLONY CAGE S, MODIFIED CAGES , CONVERTIBLE CAGES , FURNISHED 8
CAGES, OR SIMILAR CAGE SYST EMS. 9
(D) “EGG–LAYING HEN” MEANS ANY LIVING FEM ALE DOMESTICATED BIR D 10
KEPT FOR THE PURPOSE OF COMMERCIAL EGG PR ODUCTION. 11
(E) (1) “EGG PRODUCTS ” MEANS RAW OR TREATED POULTRY EGGS THAT 12
HAVE BEEN REMOVED FROM THE SHE LL, IN LIQUID, SOLID, DRIED, OR FROZEN 13
FORM, AND ARE INTENDED FOR HUMAN FOOD . 14
(2) “EGG PRODUCTS ” INCLUDES RAW AND COO KED EGGS, EGGS WITH 15
THE YOLKS AND WHITES IN THEIR NATURAL PRO PORTIONS, AND EGGS WITH THE 16
YOLKS AND WHITES SEP ARATED, MIXED, OR MIXED AND STRAINE D. 17
(3) “EGG PRODUCTS ” DOES NOT INCLUDE COM BINATION FOOD 18
PRODUCTS THAT ARE CO MPOSED OF MORE THAN JUST EGG PRODUCTS AN D FOOD 19
ADDITIVES, SUCH AS SUGAR , SALT, WATER, SEASONING, COLORING, FLAVORING, 20
PRESERVATIVES , STABILIZERS, OR SIMILAR FOOD ADDITIV ES. 21
(F) “FARM” MEANS THE LAND , BUILDINGS, SUPPORT FACILITIES , AND 22
OTHER EQUIPMENT THAT ARE WHOLLY OR PARTIA LLY USED FOR THE COM MERCIAL 23
PRODUCTION OF ANIMAL S OR ANIMAL PRODUCTS USED FOR FOOD , NOT INCLUDING 24
LIVE ANIMAL MARKETS AND OFFICIAL PLANTS AT WHICH MANDATORY INSPECTION 25
IS MAINTAINED UNDER 21 U.S.C. § 1031 ET SEQ. 26
(G) “SALE” MEANS A COMMERCIAL S ALE OF SHELL EGGS OR EGG 27
PRODUCTS. 28
(H) “SHELL EGGS” HAS THE MEANING STAT ED IN § 4–301 OF THIS ARTICLE. 29
(I) (1) “USABLE FLOOR SPACE ” MEANS THE TOTAL SQUA RE FOOTAGE OF 30
FLOOR SPACE PROVIDED TO EACH EGG–LAYING HEN, AS CALCULATED BY DIV IDING 31
THE TOTAL SQUARE FOO TAGE OF THE FLOOR SP ACE PROVIDED TO THE EGG–LAYING 32 4 SENATE BILL 806
HENS IN THE ENCLOSUR E BY THE NUMBER OF E GG–LAYING HENS IN THAT 1
ENCLOSURE . 2
(2) “USABLE FLOOR SPACE ” INCLUDES GROUND AND ELEVATED 3
LEVEL OR NEARLY LEVE L FLAT PLATFORMS UPO N WHICH HENS CAN ROO ST. 4
(3) “USABLE FLOOR SPACE ” DOES NOT INCLUDE PER CHES OR RAMPS . 5
3–1102. 6
THE GENERAL ASSEMBLY FINDS AND DE CLARES THAT THE REGU LATION OF 7
EGG PRODUCTION ON FARM S IN THE STATE AND OF THE SALE OF EGGS AND EGG 8
PRODUCTS IN THE STATE WILL FURTHER TH E GENERAL ASSEMBLY’S GOALS TO 9
PROTECT THE PUBLIC H EALTH AND WELFARE OF CONSUMERS , TO PROMOTE FOOD 10
SAFETY, AND TO ADVANCE ANIMA L WELFARE. 11
3–1103. 12
THE PROVISIONS OF THI S SUBTITLE DO NOT AP PLY TO THE PRODUCTIO N IN 13
THE STATE OR THE SALE IN THE STATE OF SHELL EGGS B Y A FARM OWNER OR 14
OPERATOR THAT ANNUAL LY PRODUCES SHELL EG GS FROM FEWER THAN 5,000 15
EGG–LAYING HENS, IF ALL SHELL EGGS SO LD IN THE STATE BY THE FARM OWNER 16
OR OPERATOR ARE DERI VED FROM THE 5,000 OR FEWER EGG –LAYING HENS. 17
3–1104. 18
(A) THIS SECTION DOES NOT APPLY TO THE CONFINE MENT OF EGG–LAYING 19
HENS FOR THE PURPOSE S OF: 20
(1) MEDICAL RESEARCH ; 21
(2) EXAMINATION, TESTING, INDIVIDUAL TREATMENT , OR 22
OPERATION FOR VETERI NARY PURPOSES PERFOR MED BY OR UNDER THE DIRECT 23
SUPERVISION OF A LIC ENSED VETERINARIAN ; 24
(3) TRANSPORTING EGG –LAYING HENS; 25
(4) STATE OR COUNTY FAIR EXHIBITIONS, 4–H PROGRAMS, OR 26
SIMILAR EXHIBITIONS ; OR 27
(5) ANIMAL HUSBANDRY , PROVIDED THAT THE CO NFINEMENT IS FOR 28
NOT MORE THAN 6 HOURS IN A 24–HOUR PERIOD AND 24 HOURS IN A 30–DAY 29
PERIOD. 30 SENATE BILL 806 5
(B) ON AND AFTER JANUARY 1, 2030, A FARM OWNER OR OPER ATOR MAY 1
NOT KNOWINGLY CONFIN E AN EGG–LAYING HEN IN AN ENC LOSURE THAT : 2
(1) IS NOT A CAGE–FREE HOUSING SYSTEM ; 3
(2) HAS LESS THAN 1.0 SQUARE FOOT OF USABL E FLOOR SPACE PER 4
HEN IN A CAGE–FREE HOUSING SYSTEM THAT PROVIDES EGG –LAYING HENS WITH 5
UNFETTERED ACCESS TO VERTICAL SPACE , SUCH AS A MULTITIERE D AVIARY OR A 6
PARTIALLY SLATTED SY STEM; OR 7
(3) HAS LESS THAN 1.5 SQUARE FEET OF USABL E FLOOR SPACE PER 8
HEN IN A CAGE –FREE HOUSING SYSTEM THAT DOES NOT PROVID E EGG–LAYING 9
HENS WITH UNFETTERED ACCESS TO VERTICAL S PACE, SUCH AS A MULTITIERE D 10
AVIARY OR A PARTIALL Y SLATTED SYSTEM . 11
3–1105. 12
(A) IN THIS SECTION , A SALE IS DEEMED TO OCCUR AT THE LOCATIO N 13
WHERE THE BUYER TAKE S PHYSICAL POSSESSIO N OF THE SHELL EGGS OR EGG 14
PRODUCTS. 15
(B) ON AND AFTER JANUARY 1, 2030, A BUSINESS OWNER OR OPERATOR OR 16
FARM OWNER OR OPERAT OR MAY NOT SELL SHEL L EGGS OR EGG PRODUC TS THAT 17
THE OWNER OR OPERATO R KNOWS OR SHOULD HA VE KNOWN WERE PRODUC ED BY 18
AN EGG–LAYING HEN THAT WAS CONFINED IN A MANNER INCONSISTENT WITH § 19
3–1104 OF THIS SUBTITLE . 20
(C) IT IS A DEFENSE TO AN Y ACTION TO ENFORCE THIS SUBTITLE THAT A 21
BUSINESS OWNER OR OP ERATOR RELIED IN GOO D FAITH ON A WRITTEN 22
CERTIFICATION OBTAIN ED THAT THE SHELL EG GS OR EGG PRODUCTS A T ISSUE 23
WERE NOT DERIVED FRO M EGG–LAYING HENS THAT WER E CONFINED IN A MANN ER 24
INCONSISTENT WITH § 3–1104 OF THIS SUBTITLE. 25
3–1106. 26
THE SECRETARY SHALL : 27
(1) ADMINISTER AND ENFORC E THIS SUBTITLE; AND 28
(2) ON OR BEFORE JULY 1, 2027, ADOPT REGULATIONS TO CARRY 29
OUT THE PROVISIONS O F THIS SUBTITLE. 30
6 SENATE BILL 806
3–1107. 1
(A) IF THE SECRETARY FINDS THAT SHELL EGGS OR EGG PR ODUCTS ARE 2
BEING SOLD IN VIOLAT ION OF THIS SUBTITLE , THE SECRETARY MAY ISSUE A 3
WRITTEN OR PRINTED “STOP–SALE” ORDER TO THE PERSON VIOLATING THIS 4
SUBTITLE. 5
(B) AFTER RECEIPT OF AN ORDER ISSUED UNDER T HIS SECTION, THE 6
RECIPIENT OF THE ORD ER MAY NOT SELL ANY SHELL EGGS OR EGG PR ODUCTS 7
SUBJECT TO THE ORDER . 8
(C) A PERSON WHO HAS BEEN ISSUED A “STOP–SALE” ORDER UNDER THIS 9
SECTION MAY APPEAL T O THE SECRETARY. 10
3–1108. 11
(A) IN ADDITION TO ANY OTHER ENFORCE MENT ACTION TAKEN BY THE 12
SECRETARY UNDER § 3–1107 OF THIS SUBTITLE , THE SECRETARY SHALL IMPOS E A 13
CIVIL PENALTY FOR EA CH VIOLATION IN AN A MOUNT NOT EXCEEDING : 14
(1) $500 FOR A FIRST VIOLATIO N; 15
(2) $1,000 FOR A SECOND VIOLATI ON; AND 16
(3) $2,000 FOR A THIRD OR SUBSE QUENT VIOLATION . 17
(B) THE CRIMINAL PENALTIE S UNDER TITLE 12, SUBTITLE 1 OF THIS 18
ARTICLE DO NOT APPLY TO THIS SUBTITLE. 19
4–301. 20
(a) In this subtitle the following words have the meanings indicated. 21
(h) “Shell eggs” means raw or treated poultry eggs that are still in the shell and 22
intended for human consumption. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
1, 2025. 25