Vermont H 4: An act relating to a private right of action against unpermitted salvage yards

Bill Text

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VT LEG #378695 v.1
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

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VT LEG #378695 v.1
(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

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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

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VT LEG #378695 v.1
(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.