Production, Grading and Labeling Standards for Agricultural and Horticultural Products

ORS 632.840
Manner of confining egg-laying hen

  • business plan for compliance
  • rules
  • inspections
  • fees
  • report
  • penalty

(1)

The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen). The rules must:

(a)

Be designed to promote humane welfare standards;

(b)

Be effective in protecting consumers from food-borne pathogens;

(c)

Require that enclosures constructed or otherwise acquired before January 1, 2012, meet standards equivalent to the requirements for certification established in the United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg Laying Flocks; and

(d)

Require that enclosures constructed or otherwise acquired on or after January 1, 2012, meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare certification program. In no event may the rules authorize confining an egg-laying hen in an enclosure that provides less than 116.3 square inches of individually usable floor space per hen.

(2)

The department may impose a civil penalty pursuant to ORS 183.745 (Civil penalty procedures), not to exceed $2,500, for violation of a provision of ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen).

(3)

The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen).

(4)

The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen). The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen).

(5)

(a) Upon renewal of an egg handler’s license described in ORS 632.715 (Egg handler’s license) or a commercial egg breaker’s permit described in ORS 632.730 (Commercial egg breaker’s permit), a commercial farm owner or operator that is engaged in the commercial production of eggs in this state shall provide the department with a business plan describing the manner by which the commercial farm intends to comply with the aspirational goals established by the Legislative Assembly in section 8a, chapter 436, Oregon Laws 2011, and the rules adopted pursuant to the amendments to this section by section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure), the business plan is a public record subject to full disclosure.

(b)

The department shall report annually to the Legislative Assembly on the rate at which commercial farm owners or operators that are engaged in the commercial production of eggs in this state are complying with the business plans submitted to the department under paragraph (a) of this subsection. [2011 c.436 §4; 2011 c.436 §§5,7]
Note: The amendments to 632.840 (Manner of confining egg-laying hen) by section 9, chapter 436, Oregon Laws 2011, become operative January 1, 2024. See section 10, chapter 436, Oregon Laws 2011, as amended by section 9, chapter 686, Oregon Laws 2019. The text that is operative on and after January 1, 2024, including amendments by section 7, chapter 686, Oregon Laws 2019, is set forth for the user’s convenience.
632.840 (Manner of confining egg-laying hen). (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen). The rules must:

(a)

Be designed to promote humane welfare standards;

(b)

Be effective in protecting consumers from food-borne pathogens;

(c)

Require that egg-laying hens be housed in a cage-free housing system; and

(d)

Establish usable floor space requirements.

(2)

Except as provided under this subsection, the department shall adopt rules to require that enclosures provide egg-laying hens with usable floor space that equals or exceeds the usable floor space required in United Egg Producers, Animal Husbandry Guidelines for U.S. Egg-Laying Flocks (2017) guidelines for cage-free housing. If a subsequent edition of the guidelines establishes a standard that requires more usable floor space than the standard set forth in the 2017 Edition of the guidelines, the department may adopt the higher standard.

(3)

The department shall cause farms engaged in the commercial production of eggs to be inspected, by qualified auditors at reasonable times, for the purpose of enforcing the provisions of ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen).

(4)

The department shall impose a civil penalty pursuant to ORS 183.745 (Civil penalty procedures), not to exceed $2,500, for violation of a provision of ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen).

(5)

The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen). The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 (Definitions for ORS 632.835 to 632.850) to 632.850 (Prohibition against selling products of improperly confined egg-laying hen).
Note: Section 8a, chapter 436, Oregon Laws 2011, provides:
Sec. 8a. The Legislative Assembly finds and declares that, in order to successfully comply with the rules adopted pursuant to section 4 of this 2011 Act [632.840 (Manner of confining egg-laying hen)], as amended by section 9 of this 2011 Act, no less than 65 percent of the enclosures used to confine egg-laying hens should, no later than January 1, 2023, meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association’s farm animal welfare program, as described in the rules adopted by the State Department of Agriculture under section 4 of this 2011 Act. [2011 c.436 §8a; 2011 c.436 §8c]
Note: Section 10a, chapter 436, Oregon Laws 2011, provides:
Sec. 10a. Section 8a, chapter 436, Oregon Laws 2011, is repealed on January 1, 2024. [2011 c.436 §10a; 2019 c.686 §11]
Source

Last accessed
Jun. 26, 2021

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