Table Egg Production and Hen Welfare:
Agreement and Legislative Proposals
Joel L. Greene
Analyst in Agricultural Policy
Tadlock Cowan
Analyst in Natural Resources and Rural Development
January 11, 2013
Congressional Research Service
7-5700
www.crs.gov
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CRS Report for Congress
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epared for Members and Committees of Congress
Table Egg Production and Hen Welfare: Agreement and Legislative Proposals
Summary
The United Egg Producers (UEP), the largest group representing egg producers, and the Humane
Society of the United States (HSUS), the largest animal protection group, have been adversaries
for many years over the use of conventional cages in table egg production. In July 2011, the
animal agriculture community was stunned when the UEP and HSUS announced that they had
agreed to work together to push for federal legislation to regulate how U.S. table eggs are
produced. The agreement between UEP and HSUS called for federal legislation that would set
cage sizes, establish labeling requirements, and regulate other production practices. As part of the
agreement, HSUS agreed to immediately suspend state-level ballot initiative efforts in Oregon
and Washington.
During the 112th Congress, the Egg Products Inspection Act Amendments of 2012 (H.R. 3798)
was introduced in the House in January 2012. In May 2012, a companion bill, S. 3239, was
introduced in the Senate. The provisions in the bills were the same, and reflected the agreement
between UEP and HSUS to establish uniform, national cage size requirements for table egg-
laying hens. The bills would have codified national standards for laying-hen housing over an 18-
year phase-in period, included labeling requirements to disclose how eggs were produced, and set
air quality, molting, and euthanasia standards for laying hens.
The agreement and legislation were a marked shift in direction for both UEP and HSUS. UEP
viewed H.R. 3798 as being in the long-term interest and survival of American egg farmers. Egg
producers would benefit from national egg standards that halted costly state-by-state battles over
caged eggs that result in a variety of laws across the country. For HSUS, which has actively
campaigned for cage-free egg production, accepting enriched cages was a compromise, but one
that could result in significant federal farm animal welfare legislation. H.R. 3798 and S. 3239
were endorsed by a wide range of agricultural, veterinary, consumer, and animal protection
groups.
Farm group opponents criticized H.R. 3798 and S. 3239 for several reasons. First, they were
concerned that the bills federally mandated management practices for farm animals, something
that had not been done in the past. These groups argued that the bills could set a precedent,
paving the way for future legislation on animal welfare for the livestock and poultry industries.
Opponents held the view that the cage requirements were not science-based, and undermined
long-standing views that animal husbandry practices should be based on the best available
science. They also argued that codifying cage standards today ignores innovations that could
appear in the future. Additionally, opponents were concerned that the capital cost of transitioning
to enriched cages would be high, and could be prohibitive for small producers.
S. 3239 was initially offered as an amendment to the Senate’s proposed 2012 farm bill (S. 3240),
but was withdrawn. The Senate Agriculture Committee held a hearing on S. 3239 on July 26,
2012. H.R. 3798 was not offered as an amendment during the House Agriculture Committee’s
markup of the 2012 farm bill (H.R. 6083). However, an amendment to H.R. 6083 was adopted
that would have prohibited states from enforcing their production or manufacturing standards for
agricultural products on agricultural products from other states.
The provisions that were in H.R. 3798 and S. 3239 are expected to be reintroduced in the 113th
Congress, and both UEP and HSUS will advocate for passage. Egg legislation could again
become part of the omnibus farm bill debate during the year.
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Table Egg Production and Hen Welfare: Agreement and Legislative Proposals
Contents
Introduction ...................................................................................................................................... 1
Legislative Activity in the 112th Congress ....................................................................................... 1
Egg Industry Overview .................................................................................................................... 3
Table Egg Production ................................................................................................................ 3
Production Systems ................................................................................................................... 5
UEP-HSUS Agreement .................................................................................................................... 6
United Egg Producers (UEP) ..................................................................................................... 6
The Humane Society of the United States (HSUS) ................................................................... 6
The Agreement .......................................................................................................................... 7
Bills Introduced in the 112th Congress ............................................................................................. 8
Housing Requirements .............................................................................................................. 9
Environmental Enrichments ................................................................................................ 9
Minimum Floor Space ....................................................................................................... 10
Other Requirements........................................................................................................... 10
Phase-In Conversion Requirements ......................................................................................... 11
Labeling ................................................................................................................................... 11
Exemptions .............................................................................................................................. 12
Support and Opposition ................................................................................................................. 12
Issues Raised by H.R. 3798 and S. 3239 ................................................................................. 13
Mandating Farm Animal Husbandry Practices ................................................................. 14
Effect on Other Animal Agriculture Sectors ..................................................................... 14
Basis in Science ................................................................................................................. 15
High Transition Costs Expected ........................................................................................ 15
Animal Welfare Issues ................................................................................................................... 17
Egg Production Systems and Hen Welfare .............................................................................. 17
U.S. Animal Welfare Legislation ............................................................................................. 19
Other Legislation Covering Hen Welfare ................................................................................ 20
California Proposition 2 .................................................................................................... 20
Michigan Animal Welfare Law ......................................................................................... 21
Europe’s Ban on Battery Cages ......................................................................................... 21
Figures
Figure 1. U.S. Egg-Laying Hen Inventory ....................................................................................... 4
Tables
Table 1. Top 10 Egg-Producing States in 2011 ................................................................................ 4
Table 2. Floor Space Requirements for New Cage Systems .......................................................... 10
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Contacts
Author Contact Information........................................................................................................... 24
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Table Egg Production and Hen Welfare: Agreement and Legislative Proposals
Introduction
The relationship between the livestock and poultry industries and animal protection groups is an
antagonistic one, at best. The table egg industry, led in the United States by the United Egg
Producers (UEP), has been widely criticized for decades for raising laying hens in cages. Many
have argued that conventional cage systems widely used in the United States and elsewhere
provide little or no welfare for laying hens because hens are not able to express natural behaviors.
The Humane Society of the United States (HSUS) is one of many animal protection organizations
that have led campaigns advocating cage-free egg production and the elimination of all cages.
Given the history between the egg industry and animal protection groups, UEP stunned the
animal agriculture community in July 2011 with an announcement that it would work jointly with
HSUS to push for federal legislation to regulate how U.S. table eggs are produced. The agreement
between UEP and HSUS was signed July 7, 2011, and called for legislation that would set cage
sizes, establish labeling requirements, and regulate other production practices. The goal of the
agreement is to have federal legislation in place by June 30, 2012. As part of the agreement,
HSUS agreed to immediately suspend state-level ballot initiative efforts in Oregon and
Washington to end the use of conventional cages.
During the 112th Congress, the Egg Products Inspection Act Amendments of 2012 (H.R. 3798)
was introduced in the House in January 2012 by Representative Schrader of Oregon. In May
2012, a companion bill, S. 3239, was introduced by Senator Feinstein of California. The bills
reflected the agreement between UEP and HSUS and would have established uniform, national
cage size requirements for table egg-laying hen housing over an 18-year phase-in period. The
bills also included labeling requirements to disclose how eggs are produced, and air quality,
molting, and euthanasia standards for laying hens.
UEP viewed the bills as being in the long-term interest and survival of American egg farmers, and
a wide range of groups expressed support for the legislation. However, some agricultural and
livestock producers, including some egg farmers, strongly opposed the bills, viewing them as an
intrusion into their farming practices. Some animal protection groups also opposed the bills.
This report provides an overview of the U.S. egg industry, the UEP-HSUS agreement, and the
provisions of H.R. 3798 and S. 3239 introduced in the 112th Congress. The report also discusses
supporting and opposing views of the bills, and some animal welfare issues for laying hens.
Legislative Activity in the 112th Congress
On January 23, 2012, H.R. 3798—Egg Products Inspection Act Amendments of 2012—was
introduced in the House by Representative Schrader of Oregon. The bill was referred to the
House Committee on Agriculture and then to the Subcommittee on Livestock, Dairy, and Poultry.
There was no further action on H.R. 3798. On May 24, 2012, a companion bill, S. 3239, was
introduced by Senator Feinstein of California. The bill was referred to the Senate Committee on
Agriculture, Nutrition, and Forestry. During the 112th Congress, 153 cosponsors signed on to H.R.
3798, and 19 Senate cosponsors signed on to S. 3239.
Prior to the Senate floor debate on the omnibus 2012 farm bill (S. 3240), Senator Feinstein
offered S.Amdt. 2252, which would have inserted the language from S. 3239 into the Senate farm
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bill. However, the amendment was not one of the 77 amendments considered during the Senate
farm bill floor debate of June 19-21. Reportedly, the amendment was withdrawn on the
understanding that the Senate Agriculture Committee would address S. 3239 and the issues
confronting egg producers.1 On July 26, 2012, the Senate Agriculture Committee held a hearing
on S. 3239 with testimony from Senator Feinstein and four egg producers. Three producers
testified in favor of S. 3239 and one opposed the legislation.2
During the House Agriculture Committee markup of the 2012 farm bill on July 11, 2012, no
amendment was offered to include the language of H.R. 3798 in the House farm bill (H.R. 6083).
However, Representative King (IA) offered the Protect Interstate Commerce Act (PICA),3 an
amendment designed to protect the U.S. Constitution’s commerce clause. PICA generated
congressional debate addressing interstate movement of agricultural goods in light of state laws
that may interfere with interstate trade.
PICA would have prohibited states from setting a standard or condition on the production or
manufacture of agricultural products sold in interstate commerce that are produced in other states,
if the standard or condition exceeded federal and state laws that apply where the agricultural
product is produced or manufactured. The amendment would have curtailed state laws that
interfere with interstate commerce, such as California’s ban on the sale of eggs that are produced
in cages, no matter where produced, after January 1, 2015. PICA covered agricultural products as
defined in Section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).4 The House
Agriculture Committee adopted the amendment by voice vote.
Supporters of the King amendment contended that it was necessary because state laws, such as
California’s egg law, violate the Constitution’s commerce clause, which gives jurisdiction over
interstate trade to the federal government.5 Opponents of the amendment argued that it undercuts
state voters’ rights to determine their state laws.6 In addition, opponents contended that the
definitions of agricultural products and production and manufacturing are broad and would
preempt hundreds of state laws and regulations.7
The provisions that were in H.R. 3798 and S. 3239 are expected to be reintroduced in the 113th
Congress, and UEP and HSUS are expected to push for passage of egg legislation during 2013.
Since the 112th Congress extended the 2008 farm bill for another year, egg legislation will likely
1 “Senate pushes toward final farm bill vote this week,” Agri-Pulse, June 20, 2012, p. 1.
2 U.S. Congress, Senate Committee on Agriculture, Nutrition, and Forestry, “Egg Products Inspection Act Amendments
of 2012” - Impact on Egg Producers, hearing on S. 3239, 112th Cong., 2nd sess., July 26, 2012. Testimonies available at
http://www.ag.senate.gov/hearings/hearing-on-s-3239-the-egg-products-inspection-act-amendments-of-2012.
3 Section 12308 of H.R. 6083.
4 The definition is comprehensive in 7 U.S.C. 1626: “the term ‘agricultural products’ includes agricultural,
horticultural, viticultural, and dairy products, livestock and poultry, bees, forest products, fish and shellfish, and any
products thereof, including processed and manufactured products, and any and all products raised or produced on farms
and any processed or manufactured product.”
5 Dan Murphy, “Commentary: Who’s in charge of animal welfare?,” Drovers, July 19, 2012,
http://www.cattlenetwork.com/cattle-news/Commentary-Whos-in-charge-of-animal-welfare-162927026.html.
6 Kim Geiger, “House agriculture panel threatens California animal safety laws,” L.A. Times, July 13, 2012,
http://www.latimes.com/news/nationworld/nation/la-na-farm-bill-animal-safety-20120713,0,4895609.story.
7 Letter from Karen Steuer, Director, Government Affairs, Pew Environment Group, to Members of Congress, July 17,
2012, http://www.pewenvironment.org/uploadedFiles/PEG/Publications/Other_Resource/Pew-FarmBillHouseLetter-
17July2012.pdf.
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become part of the debate when the 113th Congress addresses the omnibus farm bill this year.
HSUS noted it would advocate for including the egg cage proposals in a 2013 farm bill.8 If
legislation is not enacted at some point, it is likely that HSUS and other animal protection groups
will again support ballot initiatives in states where available, and in the future, egg producers
would confront a variety of egg laws across states.
Egg Industry Overview
Table Egg Production
In 2011, U.S. egg farmers produced 79 billion table eggs from a laying flock of 282 million birds.
The vast majority of U.S. table egg production is concentrated in a few flocks. In 2011, more than
98% of the laying hens (277 million birds) were in flocks of 30,000 birds or larger.9
From 2001 to 2010, table egg production averaged 76 billion eggs, and the laying flock averaged
nearly 283 million birds. Table egg productivity has improved over the past 10 years, as egg
output has increased an average of about 1% each year while the laying flock has remained
relatively flat. In 2011, each hen averaged nearly 281 eggs, compared to 264 eggs 10 years
earlier.
In 2011, total egg production (including 13 billion hatching eggs) was valued at $7.4 billion.10
Geographically, U.S. table egg production is concentrated in the Midwest, with pockets of
production in Pennsylvania, California, and Texas (see Figure 1).
Iowa produces nearly twice as many table eggs as any other state. In 2011, Iowa’s table-egg-
laying flock totaled 52.2 million hens and produced more than 14.3 billion eggs (Table 1). Ohio
follows, with a flock of 27.2 million birds, and Pennsylvania and Indiana have flocks of over 20
million birds. The midsize producing states of California, Texas, and Michigan have flocks
ranging from 10 million to 19 million, and the bottom of the top 10, Minnesota, Florida, and
Nebraska, have flocks from 9 million to nearly 10 million birds. The top 10 egg-producing states
account for 70% of the total table-egg-laying flock. A complete breakdown of table egg
production is not available because table egg production for 4 of the top 10 states is not disclosed
by USDA due to reporting confidentiality rules. But the proportion of table-egg-laying hens to
total hens indicates that the large majority of the four-state egg production is table eggs.
8 Wayne Pacelle, “Congress Comes Up Lame on Animal Issues,” A Humane Nation: Wayne Pacelle’s Blog, January 2,
2013, pp. http://hsus.typepad.com/wayne/2013/01/congress-comes-up-lame-on-animal-issues.html.
9 National Agricultural Statistics Service, USDA, Chickens and Eggs 2011 Summary, February 2012,
http://usda01.library.cornell.edu/usda/current/ChickEgg/ChickEgg-02-28-2012.pdf. Egg production is reported for the
period December of the previous year through November of the following year; i.e., 2011 production is the sum of
December 2010 through November 2011. Average bird numbers are for the same period.
10 National Agricultural Statistical Service, USDA, Poultry Production and Value, April 26, 2012,
http://usda01.library.cornell.edu/usda/current/PoulProdVa/PoulProdVa-04-26-2012.pdf.
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Figure 1. U.S. Egg-Laying Hen Inventory
Source: National Agricultural Statistics Service, USDA.
Notes: Includes laying hens for table and hatching egg production.
Table 1. Top 10 Egg-Producing States in 2011
Laying Hens
Egg Production
(millions)
(billions)
Table
Total
Table
Total
Iowa 52.2
53.0
14.3
14.5
Ohio 27.2
27.7
*
7.6
Pennsylvania 23.9
25.1
7.1
7.3
Indiana 22.5
23.2
6.3
6.5
California 18.9
19.2
*
5.3
Texas 13.9
18.2
*
4.9
Michigan 10.2
10.3
*
3.0
Minnesota 9.8
10.2
2.7
2.8
Florida 9.2
9.6
2.6
2.7
Nebraska 9.1
9.2
2.7
2.7
Other States
84.6
132.7
*
34.6
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Laying Hens
Egg Production
(millions)
(billions)
Table
Total
Table
Total
United States
281.5
338.4
79.0
91.9
Source: National Agricultural Statistics Service, USDA.
Notes: Total includes table and hatching eggs. * Data not disclosed for confidentiality reasons. Georgia
(16.7 million), North Carolina (13.1 million), and Arkansas (12.2 million) have laying hen flock numbers
that rank in the top 10 of total laying hens. However, the majority of hens in these three states provide
eggs for the broiler sector.
Production Systems
An estimated 95% of all eggs in the United States are produced in conventional cage systems,
sometimes called battery cages. Generally, conventional cages are wire cages that may hold 6-10
laying hens, and usually have automated feeding, watering, and egg collecting systems.
According to UEP, conventional cage systems typically provide each laying hen an average of 67
square inches of floor space. In some egg operations, hens have less space.
Egg producers started adopting conventional cage systems in the 1950s because they reduced
disease and provided cleaner eggs compared with traditional barnyard production. Egg farmers
also found that cage systems proved to be more economically efficient as systems were
automated and more laying hens could be managed in less space.11 Over time, conventional cage
systems have been heavily criticized for providing poor welfare for laying hens, especially in
Europe (see “Europe’s Ban on Battery Cages,” below).
The other 5% of eggs are produced in either cage-free or free-range systems. There are two
principal types of cage-free systems—floor and aviary. In both of these cage-free systems, laying
hens have access to the barn or housing floor, usually covered with litter, and nesting boxes for
egg laying. Aviaries provide several levels of perches that allow laying hens to be off the floor. In
cage-free systems, laying hens are kept indoors. The free-range system is similar to the cage-free
system, but laying hens have access to the outdoors.
The relatively new enriched cage systems—also called furnished, modified, or enriched colony
cages—were developed in the 1980s in Europe in response to criticisms of conventional cages
and legislation on cages.12 Enriched cages are larger and include perches, scratching pads, and
nesting boxes designed to allow laying hens to express natural behaviors (see “Egg Production
Systems and Hen Welfare,” below).
11 J. A. Mench, D. A. Sumner, and J. T. Rosen-Molina, “Sustainability of egg production the United States—The policy
and market context,” Poultry Science, vol. 90, no. 1 (January 2011), p. 230.
12 Mench, pp. 231-232.
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UEP-HSUS Agreement
United Egg Producers (UEP)
United Egg Producers (UEP) is the largest U.S. egg producer group in the United States. UEP is a
Capper-Volstead cooperative13 of egg farmers that raise about 90% to 95% of all egg-laying hens
in the United States. UEP members produce eggs in conventional cage, enriched cage, cage-free,
free-range, and organic systems and also produce processed egg products. According to UEP, it
provides leadership in legislative and regulatory affairs for its membership.14
UEP has taken the lead in setting laying-hen welfare standards for the egg industry through its
UEP Certified program, established in April 2002. UEP Certified was the result of the work of an
independent Scientific Advisory Committee for Animal Welfare, formed in 1999, that presented
recommendations to UEP on animal husbandry for laying hens raised in conventional cages.15
Egg producers who want to market eggs as UEP Certified have to provide laying hens with 67-86
square inches of floor space for optimal welfare. In addition, producers have to follow guidelines
on such flock management practices as beak trimming, molting, handling, catching, and
transporting laying hens. Guidelines also cover euthanasia, bio-security, and keeping public trust.
UEP Certified egg producers are to be annually audited to assure that UEP Certified guidelines
are being followed.16
The Humane Society of the United States (HSUS)
The Humane Society of the United States (HSUS), established in 1954, is the largest animal
protection organization, with a reported membership of 11 million in the United States. The
HSUS states its mission as “Celebrating Animals, Confronting Cruelty,” and part of that mission
is to fight animal cruelty, exploitation, and neglect.17 Besides conducting well-known animal
advocacy campaigns against cruelty in dog fighting or cockfighting, puppy mills, and wildlife
protection, HSUS has conducted campaigns covering farm animals, particularly against animal
confinement such as egg-laying hen cages and sow and veal crates.
In January 2005, HSUS launched its “No Battery Eggs” campaign to persuade food companies,
retailers, restaurants, and other food providers to switch to eggs from cage-free production
systems. HSUS has characterized laying hens as the “most abused animals in agribusiness”
13 The Cooperative Marketing Associations Act (7 U.S.C. §§291, 292), also called the Capper-Volstead Act (P.L. 67-
146), was enacted February 18, 1922, in response to challenges made against cooperatives using the Sherman Act (15
U.S.C. §1 et seq.), the Clayton Antitrust Act (15 U.S.C. §12 et seq.), and the Federal Trade Commission Act (15 U.S.C.
§41 et seq.). The act gave “associations” of persons producing agricultural products certain exemptions from antitrust
laws. The law carries the names of its sponsors, Senator Arthur Capper of Kansas and Representative Andrew Volstead
of Minnesota.
14 For information on UEP, see “About Us,” at http://www.unitedegg.org/.
15 UEP, Animal Husbandry Guidelines for U.S. Egg Laying Flocks, 2010 edition, pp. 3-4, http://www.unitedegg.com/
information/pdf/UEP_2010_Animal_Welfare_Guidelines.pdf. The Scientific Advisory Committee (SAC) continues to
meet regularly and advise the UEP Producer Committee on welfare issues. The SAC developed guidelines for cage-free
hens in 2006.
16 Ibid., pp. 8-15, 18-21.
17 For information on the HSUS, see “About Us: Overview,” at http://www.humanesociety.org/about/overview/.
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because of their cage conditions.18 HSUS has worked with state legislatures, local governments,
corporations, and universities to change laws and egg buying practices. Most recently, HSUS
trumpeted Burger King’s announcement on April 25, 2012, that it would switch to cage-free eggs
in its restaurants by 2017.19 Burger King began working with HSUS in 2007 to start phasing out
the use of eggs from conventional cages.
HSUS has pursued ballot initiatives in states with that option20 to add farm animal welfare
provisions on laying hens, sows, and calves to state laws.21 HSUS was most successful in the
2008 California ballot initiative, where voters chose to ban the use of cages after January 1, 2015
(see “California Proposition 2,” below). HSUS also has waged campaigns in other states that have
resulted in laws on laying-hen cages. In October 2009, Michigan enacted a law to phase out cages
by 2019, and in June 2010, Ohio agreed to place a moratorium on the construction of new
conventional cages as part of an agreement to stop a ballot initiative.
The Agreement
On July 7, 2011, UEP and HSUS announced that they had reached an “unprecedented agreement”
to jointly work together to enact federal legislation that would greatly alter production conditions
for egg-laying hens in the United States. The agreement included seven key provisions pertaining
to the production of shell eggs and egg products that would:22
• require, over a phase-in period, that conventional cage systems be replaced with
enriched cage systems that double the amount of floor space per laying hen;
• require that the new enriched cage systems provide perches, nesting boxes, and
scratching areas so that laying hens can express natural behaviors;
• mandate labeling on all egg cartons nationwide to inform consumers of the
housing method used to produce the eggs;
• prohibit withholding of feed or water to force molting to extend the laying cycle;
• require standards approved by the American Veterinary Medical Association for
euthanasia for egg-laying hens;
• prohibit excessive ammonia levels in henhouses; and
• prohibit the buying and selling of eggs and egg products that do not meet the
standards.
18 HSUS, Progress for Egg-Laying Hens, July 7, 2011, http://www.humanesociety.org/issues/confinement_farm/
timelines/eggs_timeline.html.
19 HSUS, “Burger King Announces Industry-Leading Animal Welfare Reforms,” press release, April 25, 2012,
http://www.humanesociety.org/news/press_releases/2012/04/burger_king_042512.html. Burger King also announced it
would not buy pork produced from sows that were farrowed in sow gestation crates.
20 Twenty-four states and the District of Columbia have ballot initiative options: AK, AR, AZ, CA, CO, FL, ID, IL,
MA, ME, MI, MO, MS, MT, ND, NE, NV, OH, OK, OR, SD, UT, WA, and WY.
21 See the National Agricultural Law Center, at http://www.nationalaglawcenter.org/assets/farmanimal/index.html, for
information on animal welfare provisions by state.
22 UEP and HSUS, “Historic Agreement Hatched to Set National Standard for Nation’s Egg Industry,” press release,
July 7, 2011, http://www.unitedegg.org/homeNews/UEP_Press_Release_7-7-11.pdf.
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UEP and HSUS have been adversaries for many years over the use of conventional cages in table
egg production, and the agreement is a marked shift in direction for both organizations. UEP
approached its position on conventional cage production based on what the available science
indicated provided welfare for laying hens. That was the basis for more than a decade of work
through its Scientific Advisory Committee and the UEP Certified program. Prior to this
agreement, the HSUS position was firmly held that only cage-free systems provided adequate
welfare for laying hens (see “Egg Production Systems and Hen Welfare,” below).
Under the agreement, all U.S. egg producers would have to end the use of conventional cages by
the end of the phase-in period and meet production standards defined in law. For its part, in
addition to reversing its cage-free stance, the HSUS agreed (1) to suspend its ballot initiatives in
Oregon and Washington; (2) to not initiate, fund, or support other state ballot initiatives or
legislation; (3) to not initiate, fund, or support litigation or investigations of UEP or its members;
and (4) to not fund or support other organizations’ efforts that would undermine the agreement.23
For HSUS, the agreement to work with a major livestock group could result in significant federal
farm animal welfare legislation.
The agreement was the result of negotiations that became possible when UEP learned that HSUS
might be open to discussing enriched cages for the U.S. egg industry in lieu of cage-free
standards. According to Wayne Pacelle, HSUS president and CEO, visits to EU egg farms that
were implementing enriched cage systems led to consideration of such systems in the United
States. Both UEP and HSUS have indicated that it was in the interest of both sides to halt costly
state-by-state battles over caged eggs that result in a variety of laws across the country.
The decision by UEP to enter into the agreement with HSUS was made through several votes by
UEP’s executive committee, which were not unanimous.24 The agreement was not put to vote of
UEP’s general membership, and reportedly the board members who voted for the agreement
represented 45% of the egg industry.25
Bills Introduced in the 112th Congress
The Egg Products Inspection Act Amendments of 2012 (H.R. 3798), introduced in the House on
January 23, 2012, would have amended the Egg Products Inspection Act (see box below) with
added requirements for shell eggs and egg products. H.R. 3798 was the result of the negotiations
between UEP and HSUS and reflected their agreement of July 7, 2011, to establish uniform
national cage size requirements for table-egg-laying hens.26 The bill also included labeling
requirements, and air quality and treatment standards for egg-laying hens.
On May 24, 2012, a companion bill, the Egg Products Inspection Act Amendments of 2012 (S.
3239), was introduced in the Senate. Senator Feinstein noted that the bill addressed interstate
23 Terrence O'Keefe, “Egg producers hear case for laying hen welfare agreement,” Egg Industry, October 2011, p. 6.
24 Ibid., pp. 4-5.
25 Sara Wyant, “Do you want new federal standards for animal care?,” High Plains/Midwest Ag Journal, March 12,
2012, http://www.hpj.com/archives/2012/mar12/mar12/0305AgriPulseMRsr.cfm.
26 Representative Kurt Schrader, “Congressman Schrader Introduces Bill To Improve Housing For Egg-Laying Hens
and Provide Stable Future For Egg Farmers,” press release, January 23, 2012, http://schrader.house.gov/index.cfm?
sectionid=24&parentid=23§iontree=23,24&itemid=498.
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commerce issues that might stem from varying state standards for egg production, and improved
welfare conditions for hens.27 The language of the Senate bill mirrored that of H.R. 3798.
Egg Products Inspection Act
The Egg Products Inspection Act of 1970 (EPIA; 21 U.S.C. §1031 et seq.) regulates the safety of shel eggs and egg
products. The EPIA provides authority for the Secretary of Agriculture (USDA) and the Secretary of Health and
Human Services (HHS) to inspect shell eggs and egg products. The responsibility for egg safety is shared by the Food
Safety and Inspection Service (FSIS) and the Agricultural Marketing Service (AMS), both of USDA, and the Food and
Drug Administration (FDA) of HHS.
The EPIA prohibits restricted eggs, such as cracked, leaky, or dirty eggs, from entering the shell egg supply for human
consumption. The EPIA requires that shel eggs be refrigerated at a temperature of no more than 45 degrees
Fahrenheit and use labels that indicate refrigeration is required for shell eggs. The EPIA also requires that egg
products—defined as liquid, frozen, and dried—be pasteurized before entering commerce for human consumption
and include a label with an inspection legend and the plant number where processed. An estimated 30% of eggs are
consumed as egg products, most often in the food service and food manufacturing sectors.
FSIS continuously inspects the processing of egg products and ensures that they are produced under sanitary
conditions and are pasteurized. FSIS also inspects egg product imports and verifies that imported shell eggs are
refrigerated at the proper temperature. AMS conducts USDA’s egg surveillance program to make sure proper
temperatures are maintained at shell egg storage facilities and when eggs are transported. AMS also provides quality
grading for shell eggs.
FDA is responsible for the safety of shell eggs at the farm level and for shell eggs that enter food manufacturing, food
service, and retail. As part of its responsibility, FDA ensures that shell eggs are properly refrigerated and labeled. In
July 2010, FDA issued the Egg Safety Rule (74 Federal Register 33030; 21 C.F.R. Parts 16 and 118) to prevent Salmonella
enteriditis in eggs. After the rule was promulgated, FDA began a comprehensive inspection of all egg facilities that are
covered under the egg rule. The inspections may include environment and egg sampling and testing, as well as
inspection of bio-security, pest control, cleaning and disinfecting practices, refrigeration, and records.
Housing Requirements
H.R. 3798 and S. 3239 would have prohibited the commercial buying and selling of shell eggs
and egg products from laying hens that were not raised according to the new housing
requirements. For California, the bills contained different standards during the phase-in period in
recognition that California state law, adopted through the ballot initiative process in 2008, has
laying hen requirements that are scheduled to go into force on January 1, 2015 (see “California
Proposition 2,” below).
Environmental Enrichments
The bills would have required that cages used to house egg-laying hens include environmental
enrichments, such as perch spaces, dusting or scratching areas, and nesting areas. The Secretary
of Agriculture would have defined these enrichments based on the best available science at the
time the regulations are written. The regulations would have been issued by January 1, 2017, and
would have gone into effect by December 31, 2018. Environmental enrichments for new cages
would have needed to be in place within 9 years of the bills’ enactment, and for existing cages
27 Senator Feinstein, Statements on Introduced Bills and Joint Resolutions, Congressional Record, May 24, 2012, p.
S3633.
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(cages in use prior to December 31, 2011) would have needed to be in place within 15 years. For
California, environmental enrichments would have needed to be in place by December 31, 2018.
Minimum Floor Space
H.R. 3798 and S. 3239 would have set minimum floor space requirements for existing and new
cages. For existing conventional cages in use on or before December 31, 2011, egg farmers would
have had three years to provide each white laying hen a minimum of 67 square inches of floor
space, and each brown laying hen 76 square inches.28 Fifteen years after enactment, laying hens
would have needed to have 124 and 144 square inches.
For new cage systems, the floor requirements for laying hens would have been phased in during
the 15 years following the enactment of the legislation. Table 2 lists the floor space requirements
that would have been phased in over 15 years, culminating in cages of 124 and 144 square inches.
Table 2. Floor Space Requirements for New Cage Systems
(in square inches)
Phase-in Period, from Enactment of Bill
White hens
Brown hens
Beginning 3 years after, until 6 years after
78
90
Beginning 6 years after, until 9 years after
90
102
Beginning 9 years after, until 12 years after
101
116
Beginning 12 years after, until 15 years after
113
130
Beginning 15 years after
124
144
Source: H.R. 3798 and S. 3239
For California, H.R. 3798 and S. 3239 would have required that cages have 116 square inches for
white hens and 134 square inches for brown hens from January 1, 2015, through December 31,
2020. Beginning January 1, 2021, California cages would have needed to be 124 and 144 square
inches, the standard for all laying hen cages, but California would have reached the national
standard about six years earlier than other states.
Other Requirements
In addition to environmental enrichments and floor space measures, both bills would have
required that egg producers (1) keep ammonia levels in the air in egg-laying houses to less than
25 parts per million; (2) not withhold feed or water to force laying hens to molt (lose their
feathers to rejuvenate egg laying); and (3) follow the guidelines set out by the American
Veterinary Medical Association (AVMA) for euthanasia.
Current law also gives USDA the authority to inspect egg imports.29 Egg and egg product
imports, like meat and poultry, are allowed into the United States under equivalency agreements.
28 Brown hens are larger than white hens. H.R. 3798 and S. 3239 established minimum floor space requirements for
each type of laying hen.
29 EPIA §1046.
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This means that imported products are produced and inspected in foreign countries in a manner
that provides equivalent food safety as in U.S. domestic production. H.R. 3798 and S. 3239
would have amended import provisions to require that imported eggs and egg products be
produced according to the standards of the EPIA.30 This import aspect potentially could become a
trade issue in the future if foreign egg and egg product imports were required to meet U.S.
production standards. However, U.S. egg imports are relatively small and from few countries, and
this likely would not arise as a trade issue until the U.S. egg industry has fully transitioned to
enriched cages in the future.
Also, the bills would have prohibited the introduction of new conventional cages that have less
than 67 and 76 square inches for white and brown laying hens, and to which environment
enrichments could not be added.
Phase-In Conversion Requirements
H.R. 3798 and S. 3239 would have established several benchmarks for the egg-laying industry to
meet as it transitioned to new enriched cage systems. The goal was to have at least 25% of the
commercial egg-laying hens in cages that afford 90 and 102 square inches for white and brown
laying-hens six years after enactment. At that time (2018), the Secretary of Agriculture would
have used data from an independent national survey of the industry to determine if the 25% target
had been met. If the target had not been achieved, then existing conventional cage systems that
had been in operation prior to January 1, 1995, would have had to meet the 90 and 102 square
inch requirement beginning January 1, 2020.
In the period 12 years after enactment, the target would have been that 55% of commercial egg-
laying hens would have had 113 and 130 square inches of floor space. Then in the final phase, all
egg-laying hens would have needed to have a minimum of 124 and 144 square inches and
environmental enrichments as of December 31, 2029. The bills also would have required the
Secretary of Agriculture to submit compliance reports to the House and Senate Agriculture
Committees after the 12-year mark and after December 31, 2029.
Labeling
H.R. 3798 and S. 3239 would have amended the EPIA to require housing labels on shell eggs and
egg products that are legible markings on the side or top of packages. The four label options
would were:
• Eggs from free-range hens—eggs or egg products from laying hens not housed in
cages and provided with outdoor access;
• Eggs from cage-free hens—eggs or egg products from laying hens not housed in
cages;
• Eggs from enriched cages—eggs or egg products from laying hens housed in
cages with adequate environmental enrichments and a minimum of 101 and 116
square inches of individual floor space per white and brown hens; and
30 EPIA §1046(a)(2).
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• Eggs from caged hens—eggs or egg products from laying hens housed in cages
without adequate environmental enrichments and less than the minimum of 101
and 116 square inches of individual floor space per white and brown hens.
The responsibility for ensuring that shell eggs and egg products were properly labeled with the
method of housing would have fallen to USDA. The housing label requirement would have gone
into force one year after the enactment of the bill.
Exemptions
H.R. 3798 and S. 3239 would have provided three exemptions to the new requirements: (1) egg
farmers who installed new cages between January 1, 2008, and December 31, 2011, would have
had until 18 years, instead of 15 years, after enactment of the bill to meet the floor space
requirements; (2) laying-hen flocks that were in production when the bill was enacted would have
been exempt from the provisions until the flocks are removed from production; and (3) small egg
producers—defined as those with less than 3,000 laying hens—would have been exempt from the
requirements.
Support and Opposition
The provisions of H.R. 3798 and S. 3239 were endorsed by agricultural, veterinary, consumer,
and animal protection groups. Egg farmers and other family farms in more than 30 states also
endorsed the bills.31 In what some supporters of H.R. 3798 and S. 3239 considered significant
backing for the bill, the executive board of the American Veterinary Medical Association
(AVMA) voted to support H.R. 3798 in March 2012. AVMA explained, “The decision was not
made lightly. There was extensive deliberation, and the board reasoned that the standards are
consistent with AVMA policy, as well as industry long-term expectations about changes in egg-
production practices.’’32
Supporters of H.R. 3798 and S. 3239 also pointed to consumer support for changes in egg cages.
In a two-part survey commissioned by UEP, survey respondents indicated by a 4-to-1 margin that
they would support legislation transitioning from conventional cages to enriched cages. In the
second part of the survey, respondents indicated support for federal legislation by a 2-to-1
margin.33 According to Dr. Jeffrey Armstrong, who has been a member of UEP’s Scientific
31 List of groups endorsing H.R. 3798 provided by UEP, updated March 10, 2012.
32 AVMA, “AVMA Board Supports Enriched Hen-Housing Legislation,” March 27, 2012, http://atwork.avma.org/
2012/03/27/avma-board-supports-enriched-hen-housing-legislation/. AVMA’s policy on laying hen housing systems
states, “Laying hen housing systems must provide feed, water, light, air quality, space and sanitation that promote good
health and welfare for the hens. Housing systems should provide for expression of important natural behaviors, protect
the hens from disease, injury and predation, and promote food safety. Participation in a nationally recognized, third-
party audited welfare program is strongly advised,” Available at http://www.avma.org/issues/policy/animal_welfare/
housing_chickens.asp.
33 UEP Certified, “Consumers Overwhelmingly Support National Legislation Sought by Egg Farmers,” news release,
January 30, 2012, http://uepcertified.com/pdf/consumerresearchnewsrelease-final.pdf. Michael Fielding, “Survey says:
Consumers support “enriched cage bill,” Meatingplace, January 31, 2012.
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Advisory Committee from its beginnings, public perception is turning against conventional cages,
and the UEP-HSUS agreement affords egg producers the chance to regain public trust.34
Other groups representing agriculture and livestock producers, such as the American Farm
Bureau Federation (AFBF), the National Cattlemen’s Beef Association (NCBA), and the National
Pork Producers Council (NPPC), said that they vigorously opposed H.R. 3798 and S. 3239. After
the UEP-HSUS agreement was announced, NCBA stated, “Cattlemen are rightfully concerned
with the recent UEP-HSUS agreement to seek unprecedented federal legislation to mandate on-
farm production standards.”35 In its statement, the NPPC called such legislation on egg cages a
“dangerous precedent,” and was “gravely concerned that such a one-size-fits-all approach will
take away producers’ freedom to operate in a way that’s best for their animals.”36 In a December
6, 2011, letter to the House Agriculture Committee, eight farm groups expressed their opposition
to any proposed legislation resulting from the USP-HSUS agreement.37
Although some animal welfare groups signed on with HSUS in endorsing the shift to enriched
cages, other related groups remained strongly opposed to H.R. 3798 and S. 3239 because of their
view that an enriched cage is still a cage that harms laying-hen welfare. The Humane Farming
Association (HFA) is leading a campaign to “Stop the Rotten Egg Bill” emphasizing that H.R.
3798 and S. 3239 could nullify already enacted state law, take away citizens’ right to vote on
cages, and prevent state legislatures from passing laws to protect laying hens.38
Issues Raised by H.R. 3798 and S. 3239
UEP and supporters of H.R. 3798 and S. 3239 argued that this legislation was the best path for the
egg industry in order to avoid constant fights and growing costs to defend current production
methods. According to Gene Gregory, president of UEP:
Egg farmers believe a single national standard is the only way to shape their own future as
sustainable, family-owned businesses. It is the only way to have some control over their own
destiny and avoid a bleak future of overlapping, inconsistent, unworkable, state-based animal
welfare standards that will result from ballot initiatives our industry cannot win even if we raise
millions of dollars to try to educate the public, as we did in California in 2008.39
Opponents argued that pursuing legislation at the federal level had consequences that could
impact all livestock and poultry producers. In addition, the costs were likely to be high and
especially costly for small egg farmers. Several issues are highlighted below.
34 Terrence O'Keefe, “Making the case for enriched colony housing for layers,” Egg Industry, December 2011, pp. 6-7.
35 NCBA, “NCBA Statement on United Egg Producers-Humane Society of the United States Agreement,” press
release, July 12, 2011, http://www.beefusa.org/newsreleases1.aspx?NewsID=366.
36 NPPC, “Statement of National Pork Producers Council,” press release, July 7, 2011, http://www.nppc.org/2011/07/
statement-of-national-pork-producers-council/.
37 Letter from Egg Farmers of America, NCBA, and NPPC, et al. to Frank Lucas, Chairman House Committee on
Agriculture and Collin Peterson, Ranking Member, December 6, 2011, http://www.beefusa.org/CMDocs/BeefUSA/
Issues/Lucas-Peterson%20Letter%20-%20Final.pdf. In addition to the three cited organizations, the other signees were
the American Farm Bureau Federation, American Sheep Industry Association, the National Farmers Union, The
National Turkey Federation, and the National Milk Producers Federation.
38 HFA, “Egg Industry Bill Would Keep Hens in Cages Forever,” Stop the Rotten Egg Bill,
http://stoptherotteneggbill.org/site/c.8qKNJWMwFbLUG/b.7867921/k.C798/About_Us.htm.
39 Gene Gregory, “UEP justifies deal with HSUS (commentary),” Feedstuffs, January 23, 2012.
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Mandating Farm Animal Husbandry Practices
UEP recognizes that federally mandated production methods would be a significant change, but
one that is necessary to keep the egg industry from confronting a variety of inconsistent state
standards. UEP believes that the egg market would function more efficiently if there were a single
national standard. California and Michigan—two large egg-producing states—have enacted
legislation that will require egg producers to abandon cage production by 2015 and 2019,
potentially putting them at a cost disadvantage to caged production. It also is costly for the egg
industry to challenge state ballot initiatives or proposed legislation on a state-by-state basis.
Opponents argue mandatory standards are being driven “largely on the political goals of an
animal rights group that seeks to eventually shut down animal agriculture by government
mandate.”40 Current animal welfare law, the Animal Welfare Act (7 U.S.C §§2131-2159), does
not apply to farm animals. Other federal laws and regulations cover areas such as animal health
and food safety, but do not prescribe how U.S. farmers raise their animals. Most livestock and
poultry groups have developed voluntary guidelines on “best practices” for animal welfare that
most producers follow. Opponents of H.R. 3798 and S. 3239 wanted producers to maintain
control of production methods.
According to Gene Gregory, UEP president, UEP forwent negotiating voluntary guidelines,
similar to the UEP Certified program, which would have encouraged egg farmers to transition to
enriched cages because of unresolved antitrust lawsuits that have been brought against UEP and
some egg producers.41 UEP has been accused of using the UEP Certified welfare standards that
increase cage space per laying hen to reduce egg production and drive up prices, as well as
encouraging egg producers to cull flocks when feed prices climbed in 2008.42
Effect on Other Animal Agriculture Sectors
In order to avoid affecting the production practices of other livestock sectors in the legislation,
UEP and HSUS pushed their proposed legislation through an amendment to the EPIA, which only
addresses the egg industry and not the livestock or poultry sectors. Both UEP and HSUS pointed
out that legislation such as H.R. 3798 and S. 3239 could succeed in Congress only if the industry
was in agreement. Similar legislation for other livestock or poultry industries seemed unlikely.
Reportedly, UEP and HSUS agreed that if any similar legislation or amendments were proposed
that involved other livestock or poultry sectors, the two groups would abandon their support for
the bills.
Although cage requirements would have been embedded in law that applied only to eggs and egg
products, opposition groups believed that successful enactment of H.R. 3798 and S. 3239 would
have encouraged future federal legislation mandating other animal husbandry practices. This view
probably was held most strongly by many hog producers, whose use of sow gestation crates
(small confined crates where sow birth their piglets) has been under attack for several years. The
40 AFBF, “Egg Legislation Replaces Science with Politics,” press release, January 24, 2012, http://www.fb.org/
index.php?action=newsroom.news&year=2012&file=nr0124.html.
41 Terrence O'Keefe, “United Egg Producers president explains welfare agreement,” Egg Industry, September 2011, p.
10.
42 Matthew Enis, “Egg Suits Could Set Precedents,” Supermarket News, January 10, 2011,
http://supermarketnews.com/meat/egg-suits-could-set-precedents.
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use of gestation crates are already being phased out by some state laws, and are banned in the EU
in 2013.
Basis in Science
One of the main criticisms of H.R. 3798 and S. 3239 was that cage requirements are not based on
specific scientific research that says the requirements are optimal for laying-hen welfare. But as
the AVMA pointed out when evaluating its position on H.R. 3798, the available science suggests
that the proposed standards of H.R. 3798 would likely still improve the lives of egg-laying hens.43
The AVMA also recognized opposition to the agreement among egg producers, and stated that it
would work to make sure the legislation results in welfare improvements with minimal impacts
on producers, associated industries, and consumers.44
Opponents were also concerned that H.R. 3798 and S. 3239 would be a move away from the long
established position shared among animal agriculture groups that animal husbandry decisions
affecting welfare should be based on the best available science. Opponents argued that U.S.
producers already raise and manage their animals with practices that are science-based and
overseen by veterinarians, and that animal welfare is a priority for livestock and poultry
producers. Most livestock and poultry groups have established voluntary programs, such as the
pork producers’ Pork Quality Assurance (PQA) and the cattlemen’s Beef Quality Assurance
(BQA), that include animal welfare guidance.45 Furthermore, opponents of H.R. 3798 and S. 3239
argued that if standards were codified into law, then future science-based innovations in animal
management and/or welfare could be limited, and that Congress would end up regularly
amending federal standards as the science changed.
High Transition Costs Expected
Transition and production costs were a major concern for egg producers, especially small
producers, because of the substantial investment required to convert from conventional cages to
enriched cages. Estimated egg industry costs of H.R. 3798 and S. 3239 varied greatly. The July
2011 UEP-HSUS agreement announcement included an estimate of $4 billion over the transition
period. Opponents of the bill said that the cost to the egg industry was much higher, at $8 billion-
$10 billion.
Most likely the cost would vary across egg farms, because some operations would have to invest
in more than just new enriched cages, as some new housing structures would have to be built to
accommodate enriched cages. Houses with enriched cages could also require more heating as
there would be less natural heating as birds are spaced further apart. This could be a comparative
advantage for house expansion in the South as compared to the colder Midwest.46
43 R. Scott Nolen, “Congress considers US egg production standards,” JAVMANews, March 15, 2012,
http://www.avma.org/onlnews/javma/mar12/120315h.asp.
44 Ibid.
45 For information on PQA and BQA, see http://www.pork.org/Certification/Default.aspx#.T6v0WtVGh8F and
http://www.bqa.org/.
46 Terrence O'Keefe, “Social, economic forces will cause more changes in egg industry,” WATTAgNet.com, January 6,
2012, http://www.wattagnet.com/Social,_economic_forces_will_cause_more_changes_in_egg_industry.html.
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The lead group on the December 2011 letter to the House Agriculture Committee opposing
federal legislation was the Egg Farmers of America, a group composed of small egg producers.
Egg Farmers of America was formed to oppose the UEP-HSUS agreement and H.R. 3798 and S.
3239. According to one of its members, the per-hen cost to convert to enriched cages is $25-$30,
nearly four times the cost of conventional cages. The member estimated that converting his
300,000 laying-hen flock would cost about $8 million-$9 million.47 In addition, conventional
cages have a useful life of 25-30 years, which means that some farms could have to convert when
their conventional cages were still useful. Obtaining bank loans when credit is tight could be
difficult, especially if there was still a useful life for a farmer’s conventional cages.
The shift to enriched cages could also lead to an acceleration of consolidation in the egg industry
as the largest egg farms continue to expand, and capital costs squeeze small egg producers. An
analyst at the Egg Industry Center at Iowa State University noted that medium egg farms (under
1 million laying hens) might try to expand or just exit the business, while the very small egg
farms could produce eggs for niche markets such as cage-free or organic.48
Besides the large capital investment required to transition to enriched cages, questions have arisen
about what future egg production operating costs would be compared with the current model
using conventional cages. One study indicated that eggs produced in cage-free systems would
cost 25% more than those produced in conventional cages.49 However, enriched cage production
would not be exactly comparable to cage-free production. In a limited sample, JS West and
Companies, a commercial egg producer in California, built an enriched cage house in 2010 and in
January 2012 released results comparing production in its enriched cage (116 square inches) and
conventional cage (67 square inches) systems.50 According to JS West:
• the hen mortality rate in the enriched cages was less than in conventional cages,
4.22% vs. 7.61%;
• egg output per hen was higher in the enriched cages by 22 eggs, 421 vs. 399
eggs;
• the average weight of a case of eggs was higher from the enriched cages, 49.4
pounds compared to 47.93 pounds;
• feed use per 100 hens was 22.60 pounds in the enriched cages and 20.45 pounds
in the conventional cages; and
• feed use per dozen eggs was 3.19 pounds for the enriched cages vs. 3.00 pounds
for the conventional cages.
These limited data suggest that feed costs may be somewhat higher in an enriched cage system
because of increased feed use, but there appear to be offsetting productivity gains that could make
up for higher feed costs.
47 Estimate by Minnesota egg producer Amon Baer, member of Egg Farmers of America and UEP. Email to CRS from
representatives of Egg Farmers of America, April 30, 2012.
48 Terrence O’Keefe, op. cit., January 6, 2012.
49 Promar International, Impacts of Banning Cage Egg Production in the United States, Prepared for United Egg
Producers, August 2009, p. 3, http://www.unitedegg.org/information/pdf/Promar_Study.pdf.
50 “First egg colony data finds improved performance,” Feedstuffs, January 19, 2012.
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On June 1, 2012, UEP released a new study of the economic impacts of converting to enriched
cages.51 The report estimated a baseline for capital investment, production costs, and consumer
prices that will occur over the next 18 years under current table egg production methods. The
study also estimated this for production under the provisions of the bills. In summary, the study
found that production under enriched cages would require an additional $2.6 billion in capital
investment ($3.1 billion v. $5.7 billion). The production costs for eggs from enriched cages are
estimated to be about $0.06 (+8%) per dozen higher in 2030, the end of the phase-in period, than
under current production methods. For retail eggs, the per-dozen price in 2030 is also estimated
$0.06 higher, but would be a 3% increase over expected prices from current production methods.
It should be noted that this study examines the table egg industry in aggregate. Egg farmers could
face different costs depending on individual circumstances.
Animal Welfare Issues
Animal welfare has become an increasingly salient public issue over the past decade. More
recently, social media publication of graphic videos of the treatment of laboratory animals (e.g.,
apes, cats, dogs), commercial pet breeding operations (e.g., “puppy mills”), and farm animals
(e.g., slaughter houses, swine and poultry farms) has contributed to rising public awareness of
how humans use animals, and how these animals are treated. Some of this awareness has been
expressed in appeals for more vigorous enforcement of state and local animal abuse and cruelty
laws. Other individuals and groups, citing animal welfare issues, environmental issues, and/or
social justice issues, have called for significantly reducing or even ending the consumption of
meat and animal products. As the UEP-HSUS agreement and H.R. 3798 and S. 3239 suggest,
animal agricultural producers likely will face more animal welfare campaigns and growing public
interest in farm animal welfare. The following sections discuss recent animal welfare issues as
they pertain to hens.
Egg Production Systems and Hen Welfare
Approximately 95% of laying hens in the United States are confined in conventional battery
cages. The use of conventional battery cages accompanied the increasing concentration of the egg
production sector. Producers found that the cages reduced their production costs (e.g., feed costs).
There is little controversy over the idea that conventional battery cages cause many hen welfare
problems. Battery cages are cramped structures that prevent hens from engaging in their most
basic natural behaviors, such as fully turning their heads, stretching their wings, roosting, nesting,
and standing upright.52 Battery cages typically have slanted wire mesh flooring and may be
51 Agralytica Consulting, Economic Impacts of Converting US Egg Production to Enriched Cage Systems, A Report for
United Egg Producers, June 1, 2012, http://www.eggbill.com/images/
Economic%20Impact%20of%20Egg%20Legislation%20June%202012.pdf.
52 Battery cages compromise what the United Kingdom’s Farm Animal Welfare Council (FAWC), a government
organization, has identified as the “five freedoms” the council believes should be considered in policy discussion of
animal welfare: freedom from hunger and thirst; freedom from discomfort; freedom from pain, injury, and disease;
freedom to express normal behavior; and freedom from fear and distress. FAWC considers these freedoms as ideal
states rather than standards for policy prescriptions. The “five freedoms” were originally articulated in the Brambell
Report, a 1965 report to the U.K. government (Command Paper 2836).
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stacked several tiers high. Thousands of hens may be housed in a single laying house. Other
housing systems, however, may create other types of hen welfare concerns.
Hen welfare is determined by, among other factors, genetics, disease, pest and parasite loads,
stress, nutrition, and the birds’ natural behaviors. Research on the influence of these factors on
hen welfare is still in the early stages. Different housing systems have different effects on hen
welfare. One housing system can improve hen welfare in some respects, while exacerbating other
welfare issues. To better understand the relationship of housing and hen welfare, the Poultry
Science Association convened an international symposium on the Social Sustainability of Egg
Production in 2010. At this symposium, 11 animal scientists from U.S. and European universities
and research laboratories presented a review of 202 research articles on hen behavior and housing
systems published over the past three decades.53 This review outlined the welfare impacts
attendant on four different housing systems: (1) conventional cages, (2) enriched cages, (3) cage-
free systems, and (4) free-range outdoor systems. Two central findings from the review of the
research on housing and hen welfare are that “assessing hen health and welfare is difficult and
multifactorial” and that “no single housing system is ideal from a hen welfare perspective.”54
Characteristics of the various housing systems and their potential effects on hen behavior and
welfare examined in the review are discussed briefly below.
Conventional cages inherently restrict hens from expressing “highly motivated behaviors” for
their entire laying lives.55 Behaviors associated with body maintenance (e.g., wing flapping, tail
wagging, stretching), locomotion, and regulating body temperature are significantly curtailed in
conventional cages. At high densities, hens suffer plumage damage from rubbing against the
cages and lose capacity to regulate body temperature. High densities and little space limit access
to food and water as other hens block the path to food and more aggressive breeds defend the
feeder from other hens. Higher densities can increase the incidence of feather pecking,
cannibalism, and smothering, although these risks can be reduced by beak trimming and group
selection. Nesting behavior is a behavioral priority, and conventional cages lack materials for nest
building. The absence of nest building material is thought to reduce hen welfare given that hens
seem to prefer depositing eggs in molded nests rather than slanted wire floors.
Enriched cages (furnished cages or enriched colonies) were developed in response to the
criticisms about conventional cages. Enriched cages typically have a nesting box, perches, and a
dustbathing area. The review noted that these features permit hens more behavioral freedom than
found with conventional cages. However, enriched cages have limited space per hen thus limiting
their ability to run or flap their wings. Exercise is significantly restricted. Nesting and perching
may also be restricted. Litter inside the cages may be quickly depleted and cause stress to the
hens who are excluded from dustbathing by more dominant hens. While some regard enriched
cages as an improvement over conventional battery cages, others see little improvement in this
housing system.56
53 D.C. Lay, Jr. et al., Hen welfare in different housing systems. Poultry Science Association, Emerging Issues: Social
Sustainability of Egg Production Symposium, Denver, Colorado, July 11-15, 2010, http://www.poultryscience.org/
docs/PS_962.pdf.
54 Ibid.
55 Ibid.
56 See Welfare Issues with Furnished Cages for Egg-Laying Hens. The Humane Society of the United States. 2010,
http://www.humanesociety.org/assets/pdfs/farm/welfare_issues_furnished_cages.pdf.
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Cage-free systems provide “sufficient space for performance of a full repertoire of locomotory
and body-maintenance behaviors.”57 With larger flock sizes (>1,000), the review noted that
cannibalism and feather pecking can increase, although beak trimming can lessen these behaviors,
as can reducing flock size. Stocking densities in cage-free systems can have a bearing on hen
behavior, with low densities possibly triggering aggressive defense behavior around certain
resources in the cage-free housing. Cage-free systems may have all slatted floors or all litter
floors, or a combination of the two. The opportunity to forage in litter is important for hen
welfare. Foraging in litter can reduce the incidence of cannibalism and feather pecking.
Accessibility to litter, quality of the litter, and experience with litter during rearing appear to be
critical variables affecting behavior in cage-free systems. The research review also noted that
perches appear to reduce aggression in hens, although in the United States, cage-free systems
generally do not provide adequate perch space for all hens to perch at night. Some cage-free
systems do not provide perches.
Free-range (outdoor) systems permit hens to spread out when foraging and, in general, increase
the hens’ behavioral options. Outdoor systems permit the hens to eat preferred foods such as grass
seeds, earthworms, and flying insects. They also can sun themselves and dust bathe. Cannibalism,
feather pecking, and piling, however, can increase in larger free-range flocks. While the greater
environmental complexity of free-range systems increases behavioral opportunity for hens,
according to the research review, this complexity can also introduce difficulties in managing
disease and parasites. Indoor barn systems, while not permitting access to the outdoors, may offer
some compromise between cage and non-cage systems.
As this research review of egg production systems shows, very little research on hen housing and
welfare is available that compares all factors affecting welfare under different housing systems.
Mortality is greater in conventional cages than in enriched cage systems. In non-cage systems,
mortality can be significant. Free-range housing may increase behavioral options for hens, but
disease and parasite management can be more difficult, and welfare problems from cannibalism
and predation can increase. The authors of the survey also noted that the overall management of
each housing system is a critical component of hen welfare. Housing systems that may be
superior along certain dimensions of hen welfare can be compromised by poor management. The
authors conclude that the “right combination of housing design, breed, rearing conditions, and
management is essential to optimize hen welfare and productivity.”58
U.S. Animal Welfare Legislation
The Animal Welfare Act (AWA, P.L. 91-579, 7 U.S.C §§2131-2159) is the primary United States
statute governing the treatment of animals, including marine mammals, and animals used in
research.59 The AWA is administered by USDA’s Animal and Plant Health Inspection Service.
Animal health standards (e.g., medical treatment, feeding, watering, sanitation, enclosures,
handling), transportation standards (e.g., carriers, primary means of conveyance, care in transit),
animal exhibitions (e.g., zoos, carnivals, circuses), and animal fighting are major areas regulated
under the AWA.60 However, the AWA explicitly excludes farm animals from its regulatory
57 D.C. Lay, et al., op.cit.
58 Ibid.
59 Birds, rats, and mice bred for research are excluded from AWA coverage.
60 AWA regulations are at 9 C.F.R. §1.1 et seq.
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oversight.61 While most states have laws related to animal cruelty or animal welfare, most of
these statutes also exclude farm animals from coverage. Farm animal welfare is, then, largely a
matter of the actions of individual producers. Producer organizations (e.g., NCBA, NPPC, and
UEP) may develop best-practice standards of animal care for their members, but these standards
are voluntary and do not carry the force of law.
Legislation has been introduced in the past several congresses to address farm animal welfare. In
the 110th Congress, the Farm Animal Stewardship Purchasing Act (H.R. 1726) would have
required that government purchases of animal products be restricted to livestock products from
animals raised under specific welfare conditions. The Farm Animals Anti-Cruelty Act (H.R.
6202) would have promoted farm animal well-being by imposing fines on producers who abuse
animals in food production. In the 111th Congress, the Prevention of Farm Animal Cruelty Act
(H.R. 4733) would, like H.R. 1726, have required that government purchases of animal products
be restricted to livestock products from animals raised under specific welfare conditions. None of
these bills were enacted. With the exception of H.R. 3798 and S. 3239, no other bills addressing
farm animal welfare have been introduced in the 112th Congress.
Other Legislation Covering Hen Welfare
California Proposition 2
Proposition 2, or the Standards for Confining Farm Animals, was a 2008 ballot initiative in
California. The proposition, sponsored by HSUS, was approved by nearly 64% of the voters.62
Proposition 2 requires that all farm animals, “for all or the majority of any day,” not be confined
or tethered in a manner that prevents them from lying or sitting down, standing up, turning around
or fully extending their limbs without touching another animal or an enclosure such as a cage or
stall.63 The law will go into effect on January 1, 2015. In 2010, a California bill—A.B. 1437—
was enacted requiring that all shelled (whole) eggs sold in California come from cage-free hens.
This law will also go into effect on January 1, 2015. While Proposition 2 applies only to hens in
the state, the 2010 law will require that farms outside California abide by the state’s humane law
regarding layers if they wish to sell eggs in California.
In December 2010, a commercial egg producer in California, JS West and Companies, filed suit
against HSUS and the state of California to clarify what type of housing for hens was acceptable
under Proposition 2, claiming that the statute did not define how much space is required for the
specified animal behaviors. The egg company opened an “enriched colony” system in 2010 that
provided 116 square inches of space per hen, significantly larger than the egg industry standard of
67-87 inches.64 The HSUS, in response, stated that Proposition 2 requires “cage-free
environments.” While Proposition 2 does not specifically state cage sizes, the living conditions
required by Proposition 2 would effectively require cage-free environments. The Association of
California Egg Farmers (ACEF), representing 70% of California’s egg farmers, joined the suit in
61 AWA, §2132(g).
62 California Secretary of State, November 4, 2008 General Election-Statement of Vote, http://www.sos.ca.gov/
elections/sov/2008_general/7_votes_for_against.pdf.
63 For background on Proposition 2 see http://www.public.iastate.edu/~ethics/Prop2.pdf.
64 The variance in cage size is determined by the variety of hen: white breeds of layers require less space than brown
breeds. The J.S. West and Companies “enriched colony” system has 60 hens housed in 4 foot by 12 foot off-ground
enclosures. This enclosure meets the EU standards.
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March 2011. In July 2011, the California Superior Court ruled that JS West could not challenge
California at the time because the state had not yet established a position on what types of
housing would meet Proposition 2 requirements.65
In April 2012, William Cramer, a California egg farmer in Riverside County, filed suit in the U.S.
District Court, Central District of California, claiming that Proposition 2 is unconstitutionally
vague and violates the U.S. Constitution’s commerce clause.66 According to Cramer’s complaint,
California egg farmers cannot know if they are violating the law because of the vagueness of
Proposition 2, and farmers will exit the egg business because it creates an uncertain investment
environment. In addition, Cramer stated that California consumers will be harmed because egg
prices will rise. The lawsuit also contended that the California law on egg production violates the
commerce clause because it will interfere with the interstate sales of eggs. In September 2012, the
District Court rejected Cramer’s claims that Proposition 2 is vague and violated the commerce
clause.67
In November 2012, the ACEF filed another suit asking the Fresno County Superior Court to find
that the language of Proposition 2 was unconstitutionally vague according to California’s
constitution. The ACEF claimed that the lack of size and density requirements in Proposition 2
make it impossible for California egg producers to alter cage sizes to comply with the January 1,
2015 deadline.68 The case is pending.
Michigan Animal Welfare Law
In September 2009, Michigan became the second state to enact legislation (HB 1527) to restrict
the use of conventional cages for laying hens. Similar to the California law, the Michigan law
prohibits gestating sows, calves raised for veal, and egg-laying hens from being confined in a
manner that prevents them from lying down, standing up, fully extending limbs, and turning
around freely.69 The provisions of the Michigan legislation were the result of negotiations
between the Michigan Pork Producers Association, the Michigan Allied Poultry Industries, the
Michigan Agri-Business Association, and the HSUS.70 The legislation stopped the HSUS from
pursuing a ballot initiative campaign in Michigan on animal confinement during 2010. The
Michigan provisions for egg-laying hens go into force in 2019.
Europe’s Ban on Battery Cages
Article 13 of the Treaty on the Functioning of the European Union recognizes animals as sentient
beings and requires that full regard be given to the welfare of animals when formulating and
implementing EU policy. A 1964 book—Animal Machines—significantly increased awareness of
65 JS West Milling Company, Inc. v. State of California, et al, Tentative Rulings for July 7, 2011,
http://www.fresno.courts.ca.gov/_pdfs/tentative_rulings/law_motion/07-07-11.pdf (California Superior Court 2011).
66 William Cramer v. Edmund G. Brown, Jr., et al., April 10, 2012 (United States District Court, Central District of
California, Eastern Division 2012).
67 Dani Friedland, “Court rejects challenge to Calif. confinement measure,” Meatingplace, September 13, 2012,
http://www.meatingplace.com/Industry/News/Details/36030.
68 Terrence O'Keefe, “California egg farmers challenge Proposition 2 in state court,” Egg Industry, January 2013, pp.
14-15.
69 Michigan Compiled Laws, Section 287.746(2)(a)(b), http://legislature.mi.gov/doc.aspx?mcl-287-746.
70 Shannon Linderoth, “Michigan House passes animal care legislation,” Drovers, September 22, 2009.
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animal welfare in the EU, particularly the welfare of farm animals.71 The book also helped create
public pressure in the EU to end the use of battery cages, the production method most in use in
OECD countries. Subsequent research on non-cage systems led to an EU Directive that first
specified a minimum size for battery cages in 1986.72 The Farm Animal Welfare Council,
established by the UK government in 1979, issued an analysis of hen welfare and egg production
systems in 1986, followed by two additional reports in 1991 and 1997 on the welfare of laying
hens.73
On June 17, 1999, the European Union announced passage of a new directive that would, over 13
years, phase out the use of battery cages for laying hens.74 The ban, effective January 1, 2012, and
relying on advice from the EU’s Scientific Veterinary Committee, prohibits the use of
conventional battery cages for hens. Egg production in the EU now allows only enriched caging
systems or non-cage systems.75 Enriched cages (sometimes referred to as colony cages) have a
small perch, a litter area for scratching, and a nesting box. The enriched cage is somewhat higher
than the conventional battery cage and has slightly more space per hen.
The European Commission announced plans in January 2012 to take legal action against 13
member states who are in breach of the new rules—Belgium, Bulgaria, Cyprus, Greece, Hungary,
Italy, Latvia, the Netherlands, Poland, Portugal, Romania, Slovakia, and Spain.76 The EU
Commission sent formal notices asking each of the 13 noncompliant member states for
information about how it would correct deficiencies in implementing the ban on battery cages.77
The EU Commission noted that noncompliance had animal welfare consequences, and also
distorted the egg market. By November 2012, only Cyprus, Greece, and Italy were not in
compliance with the EU hen cage rules.78
Some EU countries transitioned to enriched cages ahead of the 2012 deadline for compliance.
Sweden banned the use of conventional cages by the end of 2002; Austria banned their use by the
end of 2008; and Germany followed by the end of 2009. Austria and Belgium also plan to ban
enriched cages by 2020 and 2024, respectively.79 Outside the EU, Switzerland banned battery
71 Ruth Harrison, Animal Machines (London: Stuart, 1964).
72 Council for the European Communities, Laying down minimum standards for the protection of laying hens kept in
battery cages, Council Directive, March 25, 1986, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=
OJ:L:1986:095:0045:0048:EN:PDF.
73 Farm Animal Welfare Council (FAWC), An Assessment of Egg Production Systems, Tolworth, England, September
1986; FAWC, Report on the Welfare of Laying Hens in Colony Systems, December 1991; FAWC, Report on the
Welfare of Laying Hens, 1997. Reports available at http://www.fawc.org.uk/reports.htm.
74 Council Directive 1999/74/EC, Article 5(2). Ban on Barren Battery Cages. The ban is consistent with the Article 13
of the Treaty on the Functioning of the European Union, which recognized animals as sentient beings and requires that
full regard be given to the welfare requirements of animals while formulating and enforcing various EU policies.
75 Non-cage systems are either free-range or barn systems. Enriched cages are regarded by some as offering greater
improvements in bird welfare than free-range systems. Virtually all non-cage systems create their own significant
welfare problem: If the hens do not have their beaks trimmed, cannibalism is a likely result. Yet, beak trimming itself is
painful, and it also removes the touch-sensitive beak tip, which is an important sense organ for birds.
76 James Andrews, “European Union Bans Battery Cages for Egg-Laying Hens,” Food Safety News, January 19, 2012,
http://www.foodsafetynews.com/2012/01/european-union-bans-battery-cages-for-egg-laying-hens/.
77 European Commission, “Animal Welfare: Commission urges 13 Member States to implement ban on laying hen
cages,” press release, January 26, 2012, http://europa.eu/rapid/pressReleasesAction.do?reference=IP/12/47.
78 “Despite Difficulties, the European egg market remains well supplied,” WattAgNet, November 13, 2012,
http://www.wattagnet.com/155421.html.
79 “Upgrading Hen Housing: Latest Development in Europe,” The Poultry Site, October 23, 2009,
(continued...)
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cages in 1992. Battery cages are still legal in non-EU countries, and there is no current ban on the
import into the EU of eggs produced in non-EU countries in battery cages. Such eggs will require
a country-of-origin label and must indicate that the farming method used to produce the eggs is
“non-EC standard.”80
Implementation of the ban has imposed increased costs for eggs in the EU. According to the EU
Commission, egg supplies fell and egg prices “surged considerably” in the weeks following the
implementation of the January 2012 ban. Data released by the Commission showed that table egg
prices increased 44% by March 2012 from the end of 2011. Prices for eggs used by the food
industry—normally as much as 50% less expensive than supermarket eggs—also increased 10%-
20% in price.81 The EU wholesale prices for whole pasteurized liquid egg increased 102% year-
over-year.82 Based on the experience of Germany, which banned conventional cages in 2007, the
Commission noted that they expected egg prices to stabilize by early May, even as they expect
total egg production to fall by 2.5% in 2012. Indeed, EU egg prices peaked in March, remained
relatively high in April, but moved lower throughout the rest of the year. Although 2012 EU egg
prices were higher than a year earlier because of high input costs, the November 2012 price was
16% lower than the March peak.83
On February 15, 2012, the European Commission issued its general strategy for the protection
and welfare of animals.84 The EU already had directives on various aspects of animal welfare
including transportation; slaughtering; and specific requirements for housing calves, pigs, laying
hens, and broilers. EU rules on organic production also include high animal welfare standards for
cattle, pig, and poultry production. The new EU strategy will consider introducing a simplified
legislative framework with animal welfare principles for all animals. This framework would use
science-based animal welfare indicators to simplify the legal framework, provide more
information to consumers on animal welfare, create a common set of requirements for personnel
handling animals, and establish a EU network of animal welfare centers.
(...continued)
http://www.thepoultrysite.com/articles/1533/upgrading-hen-housing-latest-developments-in-europe.
80 See http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:163:0006:0023:EN:PDF. The European
Commission in 2007 issued marketing rules for eggs. Paragraph 33 notes that battery cages are prohibited for Member
states beginning in 2012, and the Commission “.. should therefore evaluate the application of the voluntary labelling
provisions foreseen with regard to enriched cages before that date in order to examine the need of rendering this
labelling compulsory.” Commission Regulation No. 557/2007: Laying down detailed rules for implementing Council
Regulation No. 1028/2006 on marketing standards for eggs, May 23, 2007, available at http://eurlex.europa.eu/
LexUriServ/LexUriServ.do?uri=OJ:L:2007:132:0005:0020:EN:PDF.
81 “Europe short on eggs as battery cage ban bites,” Deutsche Welle, March 22, 2012, http://www.dw.de/dw/article/
0,,15826347,00.html.
82 Julia Glotz and Richard Ford, “Egg prices up after scramble to meet EU battery cage ban,” The Grocer, January 7,
2012, http://www.thegrocer.co.uk/topics/prices-and-promotions/egg-prices-up-after-scramble-to-meet-eu-battery-cage-
ban/224792.article.
83 European Commission, “Monthly Market Prices for Eggs in the E.U.”, December 20, 2012, http://ec.europa.eu/
agriculture/markets/poultry/eggs_broilers.pdf.
84 European Commission, Communication from the Commission to the European Parliament, the Council and the
European Economic and Social Committee on the European Union Strategy for the Protection and Welfare of Animals
2012-2015, February 5, 2012, http://ec.europa.eu/food/animal/welfare/actionplan/docs/aw_strategy_19012012_en.pdf.
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Author Contact Information
Joel L. Greene
Tadlock Cowan
Analyst in Agricultural Policy
Analyst in Natural Resources and Rural
jgreene@crs.loc.gov, 7-9877
Development
tcowan@crs.loc.gov, 7-7600
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