SB3153 SD2

SECTION 1. The legislature finds that certain methods of farm animal containment are cruel to animals and threaten human health and safety by increasing the risk of foodborne illness.

The purpose of this Act is to prevent cruelty to farm animals by phasing out extreme methods of farm animal confinement and the sale of products produced through extreme confinement.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to title 11 to be appropriately designated and to read as follows:

"Chapter

PREVENTION OF CRUELTY TO FARM ANIMALS

§ -A Definitions. As used in this chapter:

"Breeding pig" means any female pig of the porcine species, kept for the purpose of commercial breeding, that is six months or older, or pregnant.

"Business owner or operator" means any person who owns or controls the operations of a business.

"Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens within which hens are free to roam unrestricted; are provided enrichments that allow them to exhibit natural behaviors, including scratch areas, perches, nest boxes, and dust bathing areas; and within which farm employees can provide care while standing within the hens' usable floor space. "Cage-free housing systems" include, to the extent that they comply with the requirements of this chapter:

(1) Multi-tiered aviaries;

(2) Partially-slatted systems;

(3) Single-level all-litter floor systems; and

(4) Any other future systems that will comply with the requirements of this chapter.

The term does not include systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, or furnished cages.

"Calf raised for veal" means any calf of the bovine species kept for the purpose of producing the food product described as veal.

"Confined in a cruel manner" means any of the following acts:

(1) Confining a calf raised for veal with less than forty-three square feet of usable floor space per calf;

(2) Confining a breeding pig with less than twenty-four square feet of usable floor space per pig; or

(3) Confining an egg laying hen:

(A) In an enclosure other than a cage-free housing system; or

(B) With less than:

(i) One square foot of usable floor space per hen in multi-tiered aviaries, partially-slatted cage-free systems, or any other cage-free system that provides hens with unfettered access to vertical space; or

(ii) One and a half square feet of usable floor space per hen in single-level all-litter floor cage-free systems, or any other cage-free system that does not provide hens with unfettered access to vertical space.

"Covered animal" means any calf raised for veal, breeding pig, or egg-laying hen that is kept on a farm.

"Department" means the department of agriculture.

"Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production.

"Egg products" means eggs of an egg-laying hen broken from the shells and intended for human food, whether in liquid, solid, dried, or frozen form; whether raw or cooked; and with the yolks and whites in their natural proportions, or with the yolks and whites separated, mixed, or mixed and strained. The term does not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, ice cream, or similar food products that consist of more than egg products, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, and similar food additives.

"Enclosure" means a structure used to confine a covered animal or animals.

"Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. The term does not include live animal markets, establishments at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. section 601, et seq.), or official plants at which mandatory inspection is maintained under the Federal Egg Products Inspection Act (21 U.S.C. section 1031, et seq.).

"Farm owner or operator" means any person who owns or controls the operations of a farm.

"Meat" means the part of the muscle of any animal that is skeletal or that is found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels that normally accompany the muscle tissue and that are not separated from it in the process of dressing. The term does not include the muscle found in the lips, snout, or ears.

"Multi-tiered aviary" means a cage-free housing system in which hens have unfettered access to multiple elevated platforms that provide hens with usable floor space both on top of and underneath the platforms.

"Partially-slatted system" means a cage-free housing system in which hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below.

"Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.

"Pork meat" means meat of a pig of the porcine species that is intended for use as human food.

"Sale" means a commercial sale by a business that sells any item covered by this chapter, but does not include any sale undertaken at an establishment at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. section 601, et seq.), or any sale undertaken at an official plant at which mandatory inspection is maintained under the Federal Egg Products Inspection Act (21 U.S.C. section 1031, et seq.). For purposes of this chapter, a "sale" shall be deemed to occur at the location where the buyer takes physical possession of the item.

"Shell egg" means a whole egg of an egg-laying hen in its shell form that is intended for use as human food.

"Single-level all-litter floor system" means a cage-free housing system bedded with litter, in which hens have limited or no access to elevated flat platforms.

"Uncooked" means requiring cooking prior to human consumption.

"Usable floor space" means the total square footage of floor space provided to each covered animal, as calculated by dividing the total square footage of floor space provided to the animals in an enclosure by the number of animals in that enclosure. In the case of egg-laying hens, "usable floor space" includes both ground space and elevated level or nearly level flat platforms upon which hens can roost, but does not include perches or ramps.

"Veal meat" means meat of a calf raised for veal that is intended for use as human food.

"Whole pork meat" means any uncooked cut of pork meat, including bacon, ham, chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or cutlet, that consists entirely of pork meat, except for seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. "Whole pork meat" does not include combination food products, including soups, sandwiches, pizzas, hot dogs, or similar processed or prepared food products that consist of more than pork meat, seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives.

"Whole veal meat" means any uncooked cut of veal meat, including chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or cutlet, that consists entirely of veal meat, except for seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. "Whole veal meat" does not include combination food products, including soups, sandwiches, pizzas, hot dogs, or similar processed or prepared food products that consist of more than veal meat, seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives.

§ -B Prohibitions. (a) Notwithstanding any other provision of law to the contrary, beginning December 31, 2025, it shall be unlawful for a farm owner or operator within the State to knowingly cause any covered animal to be confined in a cruel manner; provided that this subsection shall not apply to:

(1) Medical research;

(2) Examination, testing, or individual treatment or operation for veterinary purposes, but only if performed by or under the direct supervision of a licensed veterinarian;

(3) Transportation;

(4) State or county fair exhibitions, 4-H programs, and similar exhibitions;

(5) Slaughter in accordance with any applicable laws, rules, and regulations;

(6) The five-day period prior to a breeding pig's expected date of giving birth, and any day that the breeding pig is nursing piglets; or

(7) Temporary periods for animal husbandry purposes lasting no longer than six hours in any twenty-four- hour period, and no more than twenty-four hours total in any thirty-day period.

(b) Notwithstanding any other provision of law to the contrary, beginning December 31, 2025, it shall be unlawful for a business owner or operator to knowingly engage in the sale in the State of any:

(1) Shell egg that the business owner or operator knows or should know is the product of a covered animal that was confined in a cruel manner;

(2) Egg products that the business owner or operator knows or should know are the product of a covered animal that was confined in a cruel manner;

(3) Whole veal meat that the business owner or operator knows or should know is the meat of a covered animal that was confined in a cruel manner; or

(4) Whole pork meat that the business owner or operator knows or should know is the meat of a covered animal that was confined in a cruel manner, or is the meat of the immediate offspring of a covered animal that was confined in a cruel manner.

§ -C Applicability. This chapter shall not apply to a farm owner or operator who maintains a flock of ten thousand or fewer caged egg-laying hens or sells shell eggs or egg products from such a flock; provided that:

(1) The farm owner or operator does not knowingly cause any egg-laying hen to be confined with less than one square foot of usable floor space per hen, unless such confinement is exempt pursuant to section -B(a); and

(2) Any egg-laying hen added to the flock after December 31, 2025 shall not be confined in a cruel manner.

§ -D Penalties. (a) Any person who violates any provision of this chapter shall be subject to a fine in an amount not less than $500 and not to exceed $1,000 per violation.

(b) In addition to the penalties listed in subsection (a), a violation of section -B(b) shall be considered an unfair method of competition and unfair or deceptive trade practice under chapter 481A, upon which any person may bring an action.

§ -E Defense. It shall be a defense to any action to enforce this chapter that a business owner or operator relied in good faith upon a written certification by the supplier that the shell eggs, egg products, whole veal meat, or whole pork meat at issue were not derived from a covered animal that was confined in a cruel manner, or from the immediate offspring of a breeding pig that was confined in a cruel manner.

§ -F Rules. The department shall adopt rules, pursuant to chapter 91, necessary for the purposes of this chapter.

§ -G Construction. The provisions of this chapter shall be in addition to, and not in lieu of, any other law protecting animal welfare. This chapter shall not be construed to limit any other state laws or rules protecting the welfare of animals or to prevent the counties from adopting and enforcing ordinances, laws, and rules that are more restrictive than this chapter."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	3153
THIRTIETH LEGISLATURE, 2020		S.D. 2
STATE OF HAWAII