Bill in Full:
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Senate Bill 805
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.
Creates offense of unlawfully confining egg-laying hen. Punishes by maximum fine of $720. Creates offense of unlawfully selling eggs. Punishes by maximum fine of $720. Sunsets certain provisions on January 1, 2019. 1 A BILL FOR AN ACT
2 Relating to egg-laying hens. 3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. As used in sections 1 to 3 of this 2011 Act:
5 (1) “Egg” means any whole egg of an egg-laying hen.
6 (2) “Egg-laying hen” means any female domesticated chicken, turkey, duck, goose or
7 guinea fowl that is kept for the purpose of egg production.
8 (3) “Enclosure” means any cage, crate or other structure used to confine an egg-laying
9 hen.
10 (4) “Farm” means the land, buildings and support facilities that are used for the com
11 mercial production of animals or animal products used for food or fiber.
12 (5) “Farm owner or operator” means any person who owns or controls the operation of
13 a farm. “Farm owner or operator” does not mean a contractor, consultant or nonmanage
14 ment employee.
15 (6) “Fully extending and flapping her wings” means:
16 (a) That each egg-laying hen has at least 1-1/2 square feet of individually usable floor
17 space; and
18 (b) That an egg-laying hen has sufficient space to fully extend and flap both wings with
19 out touching the side of an enclosure or another egg-laying hen.
20 (7) “Turning around freely” means that an egg-laying hen is able to turn in a complete
21 circle without any impediment and without touching the side of an enclosure or another
22 egg-laying hen.
23 SECTION 2. (1) A person commits the offense of unlawfully confining an egg-laying hen
24 if the person is a farm owner or operator who, for the majority of any 24-hour period, con
25 fines an egg-laying hen in an enclosure, located on a farm, that:
26 (a) Prevents the egg-laying hen from:
27 (A) Lying down;
28 (B) Standing up;
29 (C) Turning around freely; or
30 (D) Fully extending and flapping her wings; or
31 (b) Is stacked or otherwise placed above or below another enclosure.
(2) Subsection (1) of this section does not apply:
(a) During medical research, veterinary treatment or an examination or operation conducted
for veterinary purposes.
(b) During the transportation of egg-laying hens.
(c) During state or county fair exhibitions, programs conducted by youth development
organizations or any other similar exhibition or program.
(d) During the slaughter of an egg-laying hen, if the slaughter is otherwise in compliance
with applicable law.
(e) To a farm owner or operator who provides each egg-laying hen with at least 67 square
inches of individually usable floor space, if the farm at which the egg-laying hens are confined
has, since any date before January 1, 2011, continuously been operated for the purpose
of the commercial production of eggs.
(3) The offense of unlawfully confining an egg-laying hen is a Class A violation.
SECTION 3. (1) A person commits the offense of unlawfully selling eggs if:
(a) The person sells, or offers for sale, an egg in this state;
(b) The egg is intended for human consumption; and
(c) The person knows, or reasonably should know, that the egg is the product of an
egg-laying hen that was confined, during the production of the egg, in an enclosure that fails
to provide each egg-laying hen with at least 67 square inches of individually usable floor
space.
(2) The offense of unlawfully selling eggs is a Class A violation.
SECTION 4. Nothing in sections 1 to 3 of this 2011 Act prohibits a city, county or other
local government body from enacting and enforcing local animal welfare laws.
SECTION 5. The amendments to sections 1 and 2 of this 2011 Act by sections 6 and 7 of
this 2011 Act become operative on January 1, 2019.
SECTION 6. Section 2 of this 2011 Act is amended to read:
Sec. 2. (1) A person commits the offense of unlawfully confining an egg-laying hen if the person
is a farm owner or operator who, for the majority of any 24-hour period, confines an egg-laying hen in an enclosure, located on a farm, that:
(a) Prevents the egg-laying hen from:
(A) Lying down;
(B) Standing up;
(C) Turning around freely; or
(D) Fully extending and flapping her wings; or
(b) Is stacked or otherwise placed above or below another enclosure.
(2) Subsection (1) of this section does not apply during:
(a) [During] Medical research, veterinary treatment or an examination or operation conducted for veterinary purposes.
(b) [During] The transportation of egg-laying hens.
(c) [During] State or county fair exhibitions, programs conducted by youth development organizations or any other similar exhibition or program.
(d) [During] The slaughter of an egg-laying hen, if the slaughter is otherwise in compliance with applicable law.
[(e) To a farm owner or operator who provides each egg-laying hen with at least 67 square inches
of individually usable floor space, if the farm at which the egg-laying hens are confined has, since any
date before January 1, 2011, continuously been operated for the purpose of the commercial production
of eggs.]
(3) The offense of unlawfully confining an egg-laying hen is a Class A violation.
SECTION 7. Section 3 of this 2011 Act is amended to read:
Sec. 3. (1) A person commits the offense of unlawfully selling eggs if:
(a) The person sells, or offers for sale, an egg in this state;
(b) The egg is intended for human consumption; and
(c) The person knows, or reasonably should know, that the egg is the product of an egg-laying hen that was confined, during the production of the egg, [in an enclosure that fails to provide each
egg-laying hen with at least 67 square inches of individually usable floor space] in violation of section
2 of this 2011 Act.
(2) The offense of unlawfully selling eggs is a Class A violation.
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