Department of Agriculture, Chapter 603

Rule Caption: Regulation of Egg-Laying Hens Confined in an Enclosure.

Adm. Order No.: DOA 20-2012

Filed with Sec. of State: 7-3-2012

Certified to be Effective: 7-3-12

Notice Publication Date: 4-1-2012

Rules Adopted: 603-018-0000, 603-018-0005, 603-018-0010, 603-018-0015, 603-018-0020, 603-018-0025

Subject: ORS Oregon Law 2011 Chapter 436 (ORS 632.840) requires the Oregon Department of Agriculture to develop administrative rules for the management of egg-laying hens housed in cages and to regulate the distribution of eggs and egg products within Oregon. These rules provide clarity on the standards that must be met for egg laying hens in cages, the requirements for distribution of eggs and egg products in Oregon, how to provide proof of meeting such standards, responsibilities of distributors and purchasers of eggs and egg products and what information is to be included in Farm Business Plans. These rules also include enforcement alternatives, civil penalty implementation and department access and subpoena authority.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-018-0000

Definitions

For purposes of OAR 603-018-0003 to 603-018-0013:

(1) “Commercial egg-laying farm” means any commercial farm as defined in Oregon Laws 2011 Chapter 436 that has caged egg-laying hens at any one location or in multiple locations.

(2) “Director” means the Director of the Oregon Department of Agriculture or the Director’s authorized deputies or officers.

(3) “Distribute” means to import, consign, sell, offer for sale, barter, exchange or otherwise facilitate the supplying of eggs or egg products into or within Oregon.

(4) “Distributor” means the first person that distributes egg or egg products into or within Oregon.

(5) “Enforcement” means any documented action taken by the department to address a violation.

(6) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.

(7) “Sell” or “Sale” means to sell, offer for sale, expose for sale, or have in possession for sale.

(8) “Violation” is an act or omission that does not comply with a provision of Oregon Laws 2011 Chapter 436 or the administrative rules developed thereunder.

(9) “House Average” means a method of determining space allowance for hens by taking the total square inches of cage floor space within a layer house, divided by the number of hens in that house at the time of housing.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0005

Poultry Husbandry, Cage Size Standards for Egg Laying Hens

An owner or operator of a commercial egg-laying farm in Oregon may not confine an egg-laying hen in an enclosure that fails to comply with the following standards:

(1) Any enclosure constructed or otherwise acquired prior to December 31, 2003 must provide a minimum “house average” space allowance of 67 square inches of floor space per hen for White Leghorns, and 76 square inches of floor space per hen for Brown Egg Layers.

(2) Any enclosure constructed or otherwise acquired after December 31, 2003, but prior to January 1, 2012 must provide a minimum of 67 square inches of floor space per hen for White Leghorns, and 76 square inches of floor space per hen for Brown Egg Layers.

(3) Any enclosure constructed or otherwise acquired after January 1, 2012 must meet, or be convertible into enclosures that provides a minimum space allowance as follows:

(a) Enclosures must provide a minimum of 67 square inches of floor space per hen for White Leghorns, and 76 square inches of floor space per hen for Brown Egg Layers; and

(b) Must be convertible to an enclosure that allows a minimum of 116.3 square inches of floor space per hen, including nest, and not less than 17.7 inches of height; or

(c) Must allow a minimum of 116.3 square inches of floor space per hen, including nest, and not less than 17.7 inches of height.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0010

Standards for, and Documentation of, Production and Distribution of Eggs and Egg Products

(1) All eggs produced in a commercial egg-laying farm in Oregon or eggs or egg products distributed into or within Oregon must be from hens, that if confined during the production of the eggs, where in an enclosure that complies with OAR 603-018-0001 through 603-018-0007.

(2) Prior to distributing any eggs or egg products into, or within, this state, any person other than the retail end-user of shell eggs, must provide documentation to the ODA that the eggs or egg products originated from hens confined in an enclosure during the production of the eggs complies with OAR 603-018-0007(1). This documentation may include a copy of current UEP certification, AHA certification, or certification by an independent third party approved by the Director and show that the eggs or egg products were produced consistently with 603-018-003.

(3) If the documentation required in OAR 603-018-0007(2) of this section is not on file with ODA as a part of a Farm Business Plan as required in 603-018-0009, then prior to distributing any eggs or egg products in Oregon, a distributor of eggs or egg products must complete and submit to the ODA documentation establishing current UEP certification, AHA certification, or a notarized letter from an independent third party approved by the Director, certifying that the eggs or egg products were produced consistently with 603-018-0003.

(4) The documentation required by OAR 603-018-0007(2) must be submitted annually to the ODA.

(5) Any Oregon purchaser, other than the retail end-user of shell eggs, of eggs or egg products must maintain receipts or other documentation identifying each and every distributor from whom they received eggs, or egg products. Receipts or other documentation must be maintained for a period of three (3) years and made available to the ODA upon request.

(6) Eggs or egg products that are certified per section OAR 603-018-0007(2) of this section may not be sold in Oregon if they are comingled with non-certified eggs or egg products.

(7) A person may not fail, or refuse to submit documentation that eggs, or egg products sold in Oregon were produced consistently with the requirements in OAR 603-018-001 through 603-018-0007. Failure, or refusal to submit documentation to the department may result in an enforcement action including civil penalty.

(8) A person may not fail to possess, or refuse, to possess or maintain records as required in OAR 603-018-0007(4) of this section. Failure to possess, or refusal to possess and maintain documentation as required may result in an enforcement action including civil penalty.

(9) A person may not distribute eggs or egg products into or within Oregon that the person knows, or reasonably should know are a product of an egg-laying hen that has been confined in an enclosure that fails to comply with Oregon Laws 2011 Chapter 436 or OAR 603-018-0003. Any such distribution may result in an enforcement action including civil penalty.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0015

Commercial Egg-Laying Farm Business Plans

(1) Beginning July 1, 2012, upon renewal of an annual “Egg Breaker” or “Egg Handler” license issued by the ODA, all commercial egg laying farms in Oregon must submit to the department a Farm Business Plan describing the manner by which they intend to comply with 2026 conversion goals as outlined in Section 9 of Oregon Laws 2011 Chapter 436.

(2) If a commercial egg-laying farm in Oregon does not hold an “Egg Breaker” or “Egg Handler” license, a Farm Business Plan may be submitted to the department annually beginning July 1, 2012.

(3) A Farm Business Plan must include:

(a) Identification of the commercial egg-laying farm location(s) including address, contact information, signature of principal owner(s) or their authorized representative.

(b) The date the plan was written.

(c) A copy of a current UEP or AHA certification, or a notarized letter of certification by an independent third party approved by the Director that verifies that the eggs, or egg products are produced from hens, that if confined during the production of the eggs, where in an enclosure that complies with OAR 603-018-0001 through 603-018-0007.

(d) Percentage of total egg-laying hen capacity that currently meet, or exceed, UEP standards or standards described in OAR 603-018-0001 through OAR 603-018-0007.

(e) Percentage of total egg-laying hen capacity that meet, or exceed, AHA Enriched Colony Housing standards. The sum of (d) and (e) must equal 100%.

(f) Brief narrative explaining how the farm intends to meet the anticipated replacement timeline for the conversion of enclosures to enclosures that provide at a minimum 116.3 square inches of floor space per hen, including nest, and not less than 17.7 inches of height.

(4) Each person submitting a Farm Business Plan must maintain adequate documentation to support the information provided in the plan. These documents must be made available to the ODA upon its request.

(5) Verification of the information contained in a Farm Business Plan may be accomplished by physical inspection of the commercial egg-laying farm by the Director.

(6) A person may not fail or refuse to submit a Farm Business Plan as required in this section. Failure or refusal to submit a Farm Business Plan as required in this section is a violation subject to enforcement actions, up to and including civil penalty.

(7) A person may not fail or refuse to maintain adequate documentation to substantiate information contained in a Farm Business Plan. Failure or refusal to maintain, or provide, such documentation is a violation subject to enforcement actions, up to and including civil penalty.

(8) The department may request information to be included in a Farm Business Plan as deemed necessary to administer and enforce Oregon Laws 2011 Chapter 436 and the rules adopted thereunder.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0020

Department Access, Subpoena Authority

(1) As authorized by ORS 561.275 the State Department of Agriculture may have access at reasonable times to records, premises, materials or conveyances as necessary for the purpose of administering and enforcing Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

(2) The department may obtain a subpoena to require the production of pertinent records related to the administration and enforcement of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

603-018-0025

Enforcement and Civil Penalties Generally

(1) In addition to any other penalty provided by law, the Director may assess a civil penalty not to exceed $2,500 for each violation of any provision of Oregon Laws 2011 Chapter 436 and rules adopted thereunder.

(2) In addition to a civil penalty or any other penalty provided by law, the department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, or other non-civil penalty action as authorized by law and as deemed necessary to attain compliance.

(3) Civil penalties are subject to ORS 183.745 and shall be due and payable ten (10) business days after the order becomes final by operation of law or on appeal.

Stat. Auth.: ORS 632.840
Stats. Implemented: ORS 632.835 - 632.850
Hist.: DOA 20-2012, f. & cert. ef. 7-3-12

The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions.