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H.4 1
Introduced by Representatives Rachelson of Burlington and Cole of Hartford 2
Referred to Committee on 3
Date: 4
Subject: Agriculture; eggs; animal safety 5
Statement of purpose of bill as introduced: This bill proposes to prohibit a 6
person from confining an egg-laying hen in a space that prevents the hen from 7
fully spreading both wings without touching the side of an enclosure or other 8
egg-laying hens. In addition, the bill would require egg-laying hens to have 9
access to the amount of usable floor space per hen that complies with the 10
Guidelines for Cage-Free Egg Production in the “2017 Edition of the United 11
Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks.” 12
An act relating to standards for the care of egg-laying hens 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 6 V.S.A. chapter 27 is amended to read: 15
CHAPTER 27. EGGS 16
§ 351. DEFINITIONS; FRESH EGGS 17
(a) For the purposes of this chapter, the following definitions shall be in 18
effect As used in this chapter: 19 BILL AS INTRODUCED H.4
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(1) “Candling” means that process by that the apparent condition of the 1
egg is determined by holding and twirling the egg before a bright light. Any 2
type or make of candling light may be used that enables the grader to make 3
consistently accurate determination of the quality of shell eggs. 4
(2) “Egg-laying hen” means any female poultry kept for the purpose of 5
egg production. 6
(3) “Individual shell eggs” means those eggs that are a product of the 7
domesticated chicken hen and that are in the shell. 8
(3)(4) “Person” means any individual, firm, partnership, company, or 9
corporation. 10
(5) “Poultry” means all domesticated birds of all ages that produce eggs 11
that are edible as human food. 12
(4)(6) “Shell protected eggs” means eggs that have a protective covering 13
applied to the surface of the egg. Any product used to provide the protective 14
covering shall conform to the regulations of the U.S. Food and Drug 15
Administration. 16
(b) An egg shall be deemed to be “fresh” that meets the requirements of the 17
United States or Vermont grade A as determined by the U.S. Department of 18
Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the 19
provisions of chapter 21 of this title. The final determination as to eggs 20
meeting these requirements shall be made by candling. 21 BILL AS INTRODUCED H.4
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§ 351a. APPLICATION 1
The provisions of this chapter shall apply to all shipments, containers, or 2
displays in which eggs are packed, distributed, sold, held in storage, offered, or 3
exposed for sale. 4
§ 352. PROHIBITION 5
A person shall not: 6
(1) sell, expose, offer for sale, or advertise for sale or exchange in 7
Vermont as “fresh,” “strictly fresh,” “hennery,” “new laid,” “native,” 8
“today’s,” “nearby,” “selected,” “guaranteed,” “new arrivals,” “A 1 candled,” 9
or other words or descriptions of similar import any eggs that are not grade A 10
or better; 11
(2) advertise or label eggs in a false or misleading manner; 12
(3) sell, offer for sale, deliver, or donate eggs that do not satisfy the 13
requirements of this chapter or the rules adopted pursuant to it; or 14
(4) sell, offer for sale, deliver, or donate eggs that are adulterated within 15
the meaning of 18 V.S.A. § 4059 or the rules adopted under 18 V.S.A. chapter 16
82. 17
§ 352a. UNLAWFUL CONFINEMENT 18
(a)(1) A person shall not confine an egg-laying hen in a space that prevents 19
the hen from fully spreading both wings without touching the side of an 20
enclosure or other egg-laying hens. 21 BILL AS INTRODUCED H.4
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(2) Egg-laying hens shall having access to the amount of usable floor 1
space per hen that complies with the Guidelines for Cage-Free Egg Production 2
in the “2017 Edition of the United Egg Producers Animal Husbandry 3
Guidelines for U.S. Egg Laying Flocks,” as may be amended from time to 4
time. 5
(b) The requirements of subsection (a) of this section shall not apply to: 6
(1) medical research; 7
(2) temporary confinement prior to and during examination, testing, 8
individual treatment, or operation for veterinary purposes; 9
(3) during an agricultural fair, as that term is defined in section 5152 of 10
this title; 11
(4) during temporary confinement for animal husbandry purposes for 12
not more than six hours in any 24-hour period unless ordered by a licensed 13
veterinarian; or 14
(5) during the humane slaughter of an egg-laying hen according to the 15
requirements of chapters 201 and 204 of this title. 16
(c)(1) The requirements of this section are in addition to, and not in lieu of, 17
any other laws protecting animal welfare in the State, and this section shall not 18
be construed to limit any other State laws or rules protecting the welfare of 19
animals. 20 BILL AS INTRODUCED H.4
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(2) It is not an affirmative defense to an alleged violation of this section 1
that the egg-laying hen was raised, managed, and used by a farm in accordance 2
with livestock husbandry practices. 3
* * * 4
§ 355. ENFORCEMENT; RULES; INSPECTORS 5
(a) The Except as provided under subsection (b) of this section, the 6
Secretary of Agriculture, Food and Markets shall enforce the provisions of this 7
chapter and shall establish such rules and employ such inspectors as are 8
deemed necessary and advisable. Such duly appointed inspectors shall have 9
free access at all reasonable hours to any building or other place where it is 10
reasonable to believe eggs are being sold, offered, or exposed for sale. 11
(b) In addition to the Secretary of Agriculture, Food and Markets’ authority 12
under subsection (a) of this section and under chapter 1 of this title, a violation 13
of section 352a of this title may be enforced by a humane officer under the 14
provisions and penalties provided for in 13 V.S.A. chapter 8 and, if so 15
enforced, shall be subject to a civil citation under 13 V.S.A. § 353(a)(4)(B) for 16
a first offense and to the penalties provided in 13 V.S.A. § 353(a)(4) for a 17
second or subsequent offense. 18
§ 356. NOTICE OF VIOLATION 19
When the Secretary of Agriculture, Food and Markets determines that a 20
person is violating this chapter or any rule adopted thereunder, the Secretary 21 BILL AS INTRODUCED H.4
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may issue a written warning that shall be served in person or by certified mail, 1
return receipt requested. A warning issued under this section shall include: 2
(1) a description of the alleged violation; 3
(2) identification of this section; 4
(3) identification of the applicable violation; and 5
(4) the required corrective action that the person shall take to correct the 6
violation. 7
§ 357. PENALTY 8
(a) Notwithstanding the requirements of section 356 of this title, the 9
Secretary at any time may pursue one or more of the following for an alleged 10
violation of this chapter: 11
(1) issue an appropriate order including a cease and desist or stop sale 12
order to a person the Secretary believes to be in violation of this chapter or an 13
underlying rule; 14
(2) order mandatory corrective actions; 15
(3) take any action authorized under chapter 1 of this title; or 16
(4) seek administrative or civil penalties in accordance with the 17
requirements of section 15, 16, or 17 of this title; or 18
(5) refer a violation of section 352a of this title to a humane officer for 19
enforcement under 13 V.S.A. chapter 8. 20 BILL AS INTRODUCED H.4
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(b) When the Secretary of Agriculture, Food and Markets issues an order to 1
cease and desist, stop sale, or take other action, or a required corrective action, 2
the Secretary shall provide the person subject to the order or corrective action a 3
statement that the order or corrective action is effective upon receipt and the 4
person has 15 days to request a hearing. 5
(c) If the Secretary of Agriculture, Food and Markets issues a verbal order 6
under this section, the Secretary shall issue written notice to the person subject 7
to the order within five business days following the issuance of the verbal 8
order. The written notice shall include a statement that the person has 15 days 9
from the date the written notice was received to request a hearing. 10
(d) If a person who receives a written order to cease and desist, stop sale, or 11
take other action, or a written required corrective action, does not request a 12
hearing in writing within 15 days after receipt of the written order or required 13
corrective action, the person waives the right to a hearing. Upon receipt of a 14
written request for a hearing, the Secretary shall promptly set a date and time 15
for a hearing. A request for a hearing on an order issued under this section 16
shall not stay the order. 17
(e) A person aggrieved by a final action or decision of the Secretary under 18
this section may appeal de novo to the Civil Division of the Superior Court 19
within 30 days of the Secretary’s final decision. 20 BILL AS INTRODUCED H.4
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§ 358. DISPOSITION OF FINES 1
Such fines as are collected under the provisions of this chapter shall belong 2
and be paid to the State. 3
Sec. 2. 13 V.S.A. § 351b is amended to read: 4
§ 351b. SCOPE OF SUBCHAPTER 5
This subchapter shall not apply to: 6
(1) activities regulated by the Department of Fish and Wildlife pursuant 7
to 10 V.S.A. Part 4, including the act of destroying feral swine in accordance 8
with 10 V.S.A. § 4709(f); 9
(2) scientific research governed by accepted procedural standards 10
subject to review by an institutional animal care and use committee; 11
(3) livestock and poultry husbandry practices for raising, management, 12
and use of animals, provided that the requirements of 6 V.S.A. § 352a shall be 13
enforceable under this chapter; 14
(4) veterinary medical or surgical procedures; and 15
(5) the killing of an animal as provided by 20 V.S.A. §§ 3809 and 3545. 16
Sec. 3. 13 V.S.A. § 353(a) is amended to read: 17
(a) Penalties. 18
(1) Except as provided in subdivision (3), (4), or (5) of this subsection, 19
cruelty to animals under section 352 of this title shall be punishable by a 20
sentence of imprisonment of not more than one year or a fine of not more than 21 BILL AS INTRODUCED H.4
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$2,000.00, or both. Second and subsequent convictions shall be punishable by 1
a sentence of imprisonment of not more than two years or a fine of not more 2
than $5,000.00, or both. 3
(2) Aggravated cruelty under section 352a of this title shall be 4
punishable by a sentence of imprisonment of not more than five years or a fine 5
of not more than $5,000.00, or both. Second and subsequent offenses shall be 6
punishable by a sentence of imprisonment of not more than ten years or a fine 7
of not more than $7,500.00, or both. 8
(3) An offense committed under subdivision 352(5) or (6) of this title 9
shall be punishable by a sentence of imprisonment of not more than five years 10
or a fine of not more than $5,000.00, or both. 11
(4)(A) Except as provided in subdivision (B) of this subdivision (4), a 12
person found in violation of subdivision 352(3), (4), or (9) of this title pursuant 13
to this subdivision shall be imprisoned not more than one year or fined not 14
more than $2,000.00, or both. Second and subsequent convictions shall be 15
punishable by a sentence of imprisonment of not more than two years or a fine 16
of not more than $5,000.00, or both. A person found in violation of 6 V.S.A. 17
§ 352a may be imprisoned not more than two years or fined not more than 18
$5,000.00, or both, for a second or subsequent violation. 19
(B)(i) In lieu of a criminal citation or arrest, a law enforcement 20
officer may issue a civil citation to a person who violates subdivision 352(3), 21 BILL AS INTRODUCED H.4
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(4), or (9) of this title if the person has not been previously adjudicated in 1
violation of this chapter. A person adjudicated in violation of subdivision 2
352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a 3
civil penalty of not more than $500.00. 4
(ii) A humane officer shall issue a civil citation under this chapter 5
to a person who violates 6 V.S.A. § 352a if the person has not been previously 6
adjudicated in violation of this chapter. A person adjudicated in violation of 6 7
V.S.A. § 352a under this chapter shall be assessed a civil penalty of not more 8
than $500.00. 9
(iii) At any time prior to the person admitting the violation and 10
paying the assessed penalty under subdivision (i) of this subdivision (B)(4), the 11
State’s Attorney may withdraw the complaint filed with the Judicial Bureau 12
and file an information charging a violation of subdivision 352(3), (4), or (9) of 13
this title in the Criminal Division of the Superior Court. 14
(C) Nothing in this subdivision shall be construed to require that a 15
civil citation be issued prior to a criminal charge of violating subdivision 16
352(3), (4), or (9) of this title. 17
(5) A person who violates subdivision 352(1) of this title by 18
intentionally killing or attempting to kill an animal belonging to another or 19
subdivision 352(2) of this title by torturing, administering poison to, or cruelly 20 BILL AS INTRODUCED H.4
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harming or mutilating an animal shall be imprisoned not more than two years 1
or fined not more than $5,000.00, or both. 2
Sec. 4. EFFECTIVE DATE 3
This act shall take effect on July 1, 2026. 4