Bill Summary – FastDemocracy

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                                        H.4
 Introduced by Representatives Rachelson of Burlington and Cole of Hartford
 Referred to Committee on
 Date:
 Subject: Agriculture; eggs; animal safety
 Statement of purpose of bill as introduced: This bill proposes to prohibit a
 person from confining an egg-laying hen in a space that prevents the hen from
 fully spreading both wings without touching the side of an enclosure or other
 egg-laying hens. In addition, the bill would require egg-laying hens to have
 access to the amount of usable floor space per hen that complies with the
 Guidelines for Cage-Free Egg Production in the “2017 Edition of the United
 Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks.”
    An act relating to standards for the care of egg-laying hens
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 6 V.S.A. chapter 27 is amended to read:
                              CHAPTER 27. EGGS
 § 351. DEFINITIONS; FRESH EGGS
    (a) For the purposes of this chapter, the following definitions shall be in
 effect As used in this chapter:
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       (1) “Candling” means that process by that the apparent condition of the
 egg is determined by holding and twirling the egg before a bright light. Any
 type or make of candling light may be used that enables the grader to make
 consistently accurate determination of the quality of shell eggs.
       (2) “Egg-laying hen” means any female poultry kept for the purpose of
 egg production.
       (3) “Individual shell eggs” means those eggs that are a product of the
 domesticated chicken hen and that are in the shell.
       (3)(4) “Person” means any individual, firm, partnership, company, or
 corporation.
       (5) “Poultry” means all domesticated birds of all ages that produce eggs
 that are edible as human food.
       (4)(6) “Shell protected eggs” means eggs that have a protective covering
 applied to the surface of the egg. Any product used to provide the protective
 covering shall conform to the regulations of the U.S. Food and Drug
 Administration.
    (b) An egg shall be deemed to be “fresh” that meets the requirements of the
 United States or Vermont grade A as determined by the U.S. Department of
 Agriculture or the Secretary of Agriculture, Food and Markets pursuant to the
 provisions of chapter 21 of this title. The final determination as to eggs
 meeting these requirements shall be made by candling.
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 § 351a. APPLICATION
    The provisions of this chapter shall apply to all shipments, containers, or
 displays in which eggs are packed, distributed, sold, held in storage, offered, or
 exposed for sale.
 § 352. PROHIBITION
    A person shall not:
       (1) sell, expose, offer for sale, or advertise for sale or exchange in
 Vermont as “fresh,” “strictly fresh,” “hennery,” “new laid,” “native,”
 “today’s,” “nearby,” “selected,” “guaranteed,” “new arrivals,” “A 1 candled,”
 or other words or descriptions of similar import any eggs that are not grade A
 or better;
       (2) advertise or label eggs in a false or misleading manner;
       (3) sell, offer for sale, deliver, or donate eggs that do not satisfy the
 requirements of this chapter or the rules adopted pursuant to it; or
       (4) sell, offer for sale, deliver, or donate eggs that are adulterated within
 the meaning of 18 V.S.A. § 4059 or the rules adopted under 18 V.S.A. chapter
 82.
 § 352a. UNLAWFUL CONFINEMENT
    (a)(1) A person shall not confine an egg-laying hen in a space that prevents
 the hen from fully spreading both wings without touching the side of an
 enclosure or other egg-laying hens.
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         (2) Egg-laying hens shall having access to the amount of usable floor
 space per hen that complies with the Guidelines for Cage-Free Egg Production
 in the “2017 Edition of the United Egg Producers Animal Husbandry
 Guidelines for U.S. Egg Laying Flocks,” as may be amended from time to
 time.
    (b) The requirements of subsection (a) of this section shall not apply to:
         (1) medical research;
         (2) temporary confinement prior to and during examination, testing,
 individual treatment, or operation for veterinary purposes;
         (3) during an agricultural fair, as that term is defined in section 5152 of
 this title;
         (4) during temporary confinement for animal husbandry purposes for
 not more than six hours in any 24-hour period unless ordered by a licensed
 veterinarian; or
         (5) during the humane slaughter of an egg-laying hen according to the
 requirements of chapters 201 and 204 of this title.
    (c)(1) The requirements of this section are in addition to, and not in lieu of,
 any other laws protecting animal welfare in the State, and this section shall not
 be construed to limit any other State laws or rules protecting the welfare of
 animals.
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       (2) It is not an affirmative defense to an alleged violation of this section
 that the egg-laying hen was raised, managed, and used by a farm in accordance
 with livestock husbandry practices.
                                        ***
 § 355. ENFORCEMENT; RULES; INSPECTORS
    (a) The Except as provided under subsection (b) of this section, the
 Secretary of Agriculture, Food and Markets shall enforce the provisions of this
 chapter and shall establish such rules and employ such inspectors as are
 deemed necessary and advisable. Such duly appointed inspectors shall have
 free access at all reasonable hours to any building or other place where it is
 reasonable to believe eggs are being sold, offered, or exposed for sale.
    (b) In addition to the Secretary of Agriculture, Food and Markets’ authority
 under subsection (a) of this section and under chapter 1 of this title, a violation
 of section 352a of this title may be enforced by a humane officer under the
 provisions and penalties provided for in 13 V.S.A. chapter 8 and, if so
 enforced, shall be subject to a civil citation under 13 V.S.A. § 353(a)(4)(B) for
 a first offense and to the penalties provided in 13 V.S.A. § 353(a)(4) for a
 second or subsequent offense.
 § 356. NOTICE OF VIOLATION
    When the Secretary of Agriculture, Food and Markets determines that a
 person is violating this chapter or any rule adopted thereunder, the Secretary VT LEG #378695 v.1
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 may issue a written warning that shall be served in person or by certified mail,
 return receipt requested. A warning issued under this section shall include:
       (1) a description of the alleged violation;
       (2) identification of this section;
       (3) identification of the applicable violation; and
       (4) the required corrective action that the person shall take to correct the
 violation.
 § 357. PENALTY
    (a) Notwithstanding the requirements of section 356 of this title, the
 Secretary at any time may pursue one or more of the following for an alleged
 violation of this chapter:
       (1) issue an appropriate order including a cease and desist or stop sale
 order to a person the Secretary believes to be in violation of this chapter or an
 underlying rule;
       (2) order mandatory corrective actions;
       (3) take any action authorized under chapter 1 of this title; or
       (4) seek administrative or civil penalties in accordance with the
 requirements of section 15, 16, or 17 of this title; or
       (5) refer a violation of section 352a of this title to a humane officer for
 enforcement under 13 V.S.A. chapter 8.
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    (b) When the Secretary of Agriculture, Food and Markets issues an order to
 cease and desist, stop sale, or take other action, or a required corrective action,
 the Secretary shall provide the person subject to the order or corrective action a
 statement that the order or corrective action is effective upon receipt and the
 person has 15 days to request a hearing.
    (c) If the Secretary of Agriculture, Food and Markets issues a verbal order
 under this section, the Secretary shall issue written notice to the person subject
 to the order within five business days following the issuance of the verbal
 order. The written notice shall include a statement that the person has 15 days
 from the date the written notice was received to request a hearing.
    (d) If a person who receives a written order to cease and desist, stop sale, or
 take other action, or a written required corrective action, does not request a
 hearing in writing within 15 days after receipt of the written order or required
 corrective action, the person waives the right to a hearing. Upon receipt of a
 written request for a hearing, the Secretary shall promptly set a date and time
 for a hearing. A request for a hearing on an order issued under this section
 shall not stay the order.
    (e) A person aggrieved by a final action or decision of the Secretary under
 this section may appeal de novo to the Civil Division of the Superior Court
 within 30 days of the Secretary’s final decision.
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 § 358. DISPOSITION OF FINES
    Such fines as are collected under the provisions of this chapter shall belong
 and be paid to the State.
 Sec. 2. 13 V.S.A. § 351b is amended to read:
 § 351b. SCOPE OF SUBCHAPTER
    This subchapter shall not apply to:
       (1) activities regulated by the Department of Fish and Wildlife pursuant
 to 10 V.S.A. Part 4, including the act of destroying feral swine in accordance
 with 10 V.S.A. § 4709(f);
       (2) scientific research governed by accepted procedural standards
 subject to review by an institutional animal care and use committee;
       (3) livestock and poultry husbandry practices for raising, management,
 and use of animals, provided that the requirements of 6 V.S.A. § 352a shall be
 enforceable under this chapter;
       (4) veterinary medical or surgical procedures; and
       (5) the killing of an animal as provided by 20 V.S.A. §§ 3809 and 3545.
 Sec. 3. 13 V.S.A. § 353(a) is amended to read:
    (a) Penalties.
       (1) Except as provided in subdivision (3), (4), or (5) of this subsection,
 cruelty to animals under section 352 of this title shall be punishable by a
 sentence of imprisonment of not more than one year or a fine of not more than VT LEG #378695 v.1
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 $2,000.00, or both. Second and subsequent convictions shall be punishable by
 a sentence of imprisonment of not more than two years or a fine of not more
 than $5,000.00, or both.
       (2) Aggravated cruelty under section 352a of this title shall be
 punishable by a sentence of imprisonment of not more than five years or a fine
 of not more than $5,000.00, or both. Second and subsequent offenses shall be
 punishable by a sentence of imprisonment of not more than ten years or a fine
 of not more than $7,500.00, or both.
       (3) An offense committed under subdivision 352(5) or (6) of this title
 shall be punishable by a sentence of imprisonment of not more than five years
 or a fine of not more than $5,000.00, or both.
       (4)(A) Except as provided in subdivision (B) of this subdivision (4), a
 person found in violation of subdivision 352(3), (4), or (9) of this title pursuant
 to this subdivision shall be imprisoned not more than one year or fined not
 more than $2,000.00, or both. Second and subsequent convictions shall be
 punishable by a sentence of imprisonment of not more than two years or a fine
 of not more than $5,000.00, or both. A person found in violation of 6 V.S.A.
 § 352a may be imprisoned not more than two years or fined not more than
 $5,000.00, or both, for a second or subsequent violation.
          (B)(i) In lieu of a criminal citation or arrest, a law enforcement
 officer may issue a civil citation to a person who violates subdivision 352(3),
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 (4), or (9) of this title if the person has not been previously adjudicated in
 violation of this chapter. A person adjudicated in violation of subdivision
 352(3), (4), or (9) of this title pursuant to this subdivision shall be assessed a
 civil penalty of not more than $500.00.
              (ii) A humane officer shall issue a civil citation under this chapter
 to a person who violates 6 V.S.A. § 352a if the person has not been previously
 adjudicated in violation of this chapter. A person adjudicated in violation of 6
 V.S.A. § 352a under this chapter shall be assessed a civil penalty of not more
 than $500.00.
              (iii) At any time prior to the person admitting the violation and
 paying the assessed penalty under subdivision (i) of this subdivision (B)(4), the
 State’s Attorney may withdraw the complaint filed with the Judicial Bureau
 and file an information charging a violation of subdivision 352(3), (4), or (9) of
 this title in the Criminal Division of the Superior Court.
           (C) Nothing in this subdivision shall be construed to require that a
 civil citation be issued prior to a criminal charge of violating subdivision
 352(3), (4), or (9) of this title.
       (5) A person who violates subdivision 352(1) of this title by
 intentionally killing or attempting to kill an animal belonging to another or
 subdivision 352(2) of this title by torturing, administering poison to, or cruelly VT LEG #378695 v.1
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 harming or mutilating an animal shall be imprisoned not more than two years
 or fined not more than $5,000.00, or both.
 Sec. 4. EFFECTIVE DATE
    This act shall take effect on July 1, 2026.
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Statutes affected: 
As Introduced: 6-27, 13-351b, 13-353(a), 13-353