Effective July 1, 2015, SB 805 directs the Oregon Department of Agriculture (ODA) to physically inspect commercial farms engaged in the production of eggs. ODA is directed to assess the cost of these inspections to the commercial farm being inspected.
A person may not sell eggs or egg products that the person knows, or reasonably should know, are the product of an egg-laying hen that was confined, during the production of the egg, in an enclosure that fails to comply with ORS 632.840 and OAR 603-018-0005 (ORS 632.850).
Distributer of eggs or egg products
Prior to distributing any eggs or egg products into, or within Oregon, any person, other than the retail end user of shell eggs, must provide documentation to ODA showing that the eggs or egg products originated from hens that, if confined during the production of the egg, were in enclosures that comply with ORS 632.840 and OAR 603-018-0005. Documentation may include a copy of current UEP or AHA certification, or a notarized letter from an independent third party approved by the ODA Director, certifying that the eggs or egg products were produced in compliance with regulation.
Eggs or egg products meeting the above referenced certification requirements may not be sold in Oregon if they are co-mingled with non-certified eggs or egg products.
Distributor documentation must be submitted to ODA annually. Failure, or refusal, to submit documentation to ODA is a violation subject to enforcement actions, up to and including civil penalty.
Oregon purchasers of eggs or egg products
Any Oregon purchaser (other than the retail end-user of shell eggs) of eggs or egg products must maintain receipts or other documentation identifying all distributors from whom they received eggs or egg products. Receipts or other documentation must be maintained for a period of three years and made available to the ODA upon request.
About Senate Bills 805 & 1019
Senate Bill (SB) 805 was signed into law in 2011 with the intent of transitioning commercial egg farms in Oregon to the use of larger cages and enriched colony systems that may include cage-free production systems.
Senate Bill (SB) 1019 was passed by the Oregon Legislature during the 2019 regular session revising the the egg-laying hen confinement laws effective January 1, 2024.
- It prohibits the use of cages including battery cages and enriched colony cage systems which were permitted in SB 805
- It requires commercial egg producers in Oregon to adopt cage-free production practices
- It limits the distribution of eggs and egg products into Oregon to those eggs sourced from producers who are using cage-free production systems consistent with this bill
The new legislation directs ODA to adopt rules effective January 1, 2024.
Agency rulemaking
ODA will develop rules based on the legislative requirements implementing SB 1019 to be filed with Oregon Secretary of State no later than January 1, 2023 that
- Provide minimum standards for the confinement of commercial egg-laying hens based on the 2017 edition of the United Egg Producers Animal Husbandry Guidelines for U.S. Egg-laying flocks
- Prohibit the distribution of eggs and egg products into the state which are sourced from non-compliant production facilities
Exemptions are granted for specific cases including
- State and county fair exhibitions
- Rodeo exhibitions
- 4-H program exhibitions
- Veterinary care needs
- Transportation and depopulations operations, etc.
- Exemptions are also granted for small commercial farms producing eggs with fewer than 3,000 hens
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