Nevada 2021 Regular Session Status: Enacted

AB 399 — Revises provisions governing the production and sale of eggs and egg products. (BDR 51-559)

Last action — Approved by the Governor. Chapter 370.

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  1. ✓
    Introduced
  2. ✓
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  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2021. Enacted.

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Advancing 50% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

386 added · 387 removed

386 line(s) added, 387 removed.

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(Reprinted with amendments adopted on April 20, 2021) FIRST REPRINT A.B.
Assembly Bill No.
399 A SSEMBLY B ILL NO .
399–Committee on Natural Resources CHAPTER..........
399–COMMITTEE ON NATURAL RESOURCES M ARCH 25, 2021 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions governing the production and sale of eggs and egg products.
(BDR 51-559) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
prohibiting a farm owner or operator in this State from knowingly confining egg-laying hens in certain enclosures;
prohibiting certain farm owners or operators in this State from knowingly confining egg-laying hens in certain enclosures;
requiring a farm owner or operator to obtain an endorsement stating that the egg products or shell eggs sold, offered or exposed for sale or transported for sale within this State were produced by an egg-laying hen housed in an enclosure that is not prohibited;
exempting from certain provisions governing the production, sale and transport of egg farm owners or operators with an annual shell egg production from 3,000 or fewer egg-laying hens under certain circumstances;
requiring certain farm owners or operators to obtain an endorsement stating that the egg products or shell eggs sold, offered or exposed for sale or transported for sale within this State were produced by an egg-laying hen housed in an enclosure that is not prohibited;
providing that the Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to the farm, business or records of a farm owner or operator or business owner or operator to carry out certain inspections;
providing that the Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to the farm, business or records of certain farm owners or operators or a business owner or operator to carry out certain inspections;
for the sale of eggs in this State.
Existing law sets forth various provisions governing the grades and standards bill enact provisions to prohibit an egg product or egg from being sold, offered for sale or transported for the purpose of sale within this State that is produced by an egg-laying hen that is confined in certain enclosures.
(NRS 583.110-583.210) Sections 1.3-22 of this bill enact provisions to prohibit an egg product or egg from being sold, offered for sale or transported for the purpose of sale within this State that is produced by an egg-laying hen that is confined in certain enclosures.
Section 1.3 of this bill provides that the Legislature finds and declares that the regulation of egg production on farms and of the sale of eggs and egg products in safety and advance animal welfare.
regulation of egg production on farms and of the sale of eggs and egg products int the - *AB399_R1* – 2 – safety and advance animal welfare.
the health and welfare of its citizens, promote food Section 1.5 of this bill provides that the provisions of sections 1.3-22 do not apply to the production, sale or transport for sale in this State of shell eggs by a farm owner or operator who has an annual shell egg production from 3,000 or fewer egg-laying hens if all shell eggs sold or transported for sale in this State by the Section 15 of this bill prohibits, on or after July 1, 2022, certain farm owners or operators in this State from knowingly confining an egg-laying hen in an enclosure which has less than 1 square foot of usable floor space per egg-laying hen.
the health and welfare of its citizens, promote food Section 15 of this bill prohibits, on or after July 1, 2022, a farm owner or operator in this State from knowingly confining an egg-laying hen in an enclosure which has less than 1 square foot of usable floor space per egg-laying hen.
Section prohibits, on or after January 1, 2024, certain farm owners or operators in this State from knowingly confining an egg-laying hen in an enclosure which:
Section 15 prohibits, on or after January 1, 2024, a farm owner or operator in this State from knowingly confining an egg-laying hen in an enclosure which:
or (2) is a cage-free housing system that has insufficient usable floor space for each egg-laying hen.
or (2) is a cage-free housing system that has provides that an egg-laying hen is a female chicken, turkey, duck, goose or guinea - 81st Session (2021) – 2 – fowl that is domesticated and is kept for the purpose of producing eggs commercially.
Section 5 of this bill provides that an domesticated and is kept for the purpose of producing eggs commercially.
Section 3 of this bill provides that a cage-free housing system is an enclosure for egg-laying hens which is located indoors or outdoors, in which egg- laying hens are unrestricted and free to roam under certain circumstances and which:
Section 3 of this bill provides that a cage-free housing system is an enclosure for egg-laying hens which is located indoors or outdoors, in which egg-laying hens are unrestricted and free to roam under certain circumstances and which:
(2) enables farm employees to provide care while standing within the usable floor space of the system;
(2) enables farm employees to provide care while standing within the egg-laying hens to be unrestricted and free to roam within the system.
and (3) for a system located indoors, allows the egg-laying hens to be unrestricted and free to roam within the system.
Section 15e exempts from this prohibition certain confinements of an egg-laying hen if the egg- laying hen is confined during certain activities.
Section 15 exempts from this prohibition certain confinements of an egg-laying hen if the egg-laying henExisting law requires a person who is an actual producer of farm products, including, without limitation, eggs, to obtain a certificate as an actual producer of farm products from the State Department of Agriculture.
Existing law requires a person who is an actual producer of farm products, including, without limitation, eggs, to obtain a certificate as an actual producer of farm products from the State Department of Agriculture.
NAC 576.300-576.440) Before selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State, section 16 of this bill requires a farm owner or operator to obtain from the Department an endorsement of the certificate indicating that the egg products or shell eggs sold, offered or exposed for sale or transported for sale within this State are produced by an egg-laying hen which was confined in a manner that complies with section 15.
NAC 576.300-576.440) Before selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State, section 16 of this bill requires certain farm owners or operators to obtain from the Department an endorsement of the certificate indicating that the egg products or shell eggs sold, offered or exposed for sale or transported for sale within this State are produced by an egg-laying hen which was confined in a manner that complies with section 15.
Section 16 requires apply for such an endorsement, including evidence that the enclosure for egg-laying hens has been inspected by a government inspector or a private inspection or process verification provider to ensure compliance.
Section 16 requires the farm owner or operator to submit certain information to the Department to apply for such an endorsement, including evidence that the enclosure for egg-laying hens has been inspected by a government inspector or a private inspection or process verification provider to ensure compliance.
Section 16 provides that an endorsement is valid for the same period as the certificate as an actual producer issued to the farm owner or operator.
Section 16 provides that an issued to the farm owner or operator.
Section 17 of this bill authorizes the Department to deny an application for an endorsement or a renewal of an endorsement or to suspend or revoke an or operator to comply with the provisions governing cage-free housing systems;
Section 17 of this bill authorizes the Department to deny an application for an endorsement or a renewal of an endorsement or to suspend or revoke an endorsement upon the following grounds:
(2) the failure or refusal of a farm owner or operator to cooperate with an inspection;
(1) the failure or refusal of the farm owner or operator to comply with the provisions governing cage-free housing systems;
or (3) a farm owner or operator selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without an endorsement.
(2) the failure or refusal of the farm owner or operator to cooperate with an inspection;
or (3) the farm owner or operator selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without an endorsement.
Section 19 of this bill prohibits a business owner or operator from knowingly selling, offering or exposing for sale or transporting for sale egg products or shell known were produced by an egg-laying hen which was confined in a manner thatave conflicts with the standards set forth in section 15.
Section 19 of this bill prohibits a business owner or operator from knowingly selling, offering or exposing for sale or transporting for sale certain egg products or have known were produced by an egg-laying hen which was confined in a mannerould that conflicts with the standards set forth in section 15.
(1) obtain a copy of the certificate with the endorsement issued pursuant to section 16 issued to a farm owner or operator before doing business with the farm owner or operator;
(1) obtain a copy of the certificate with the endorsement issued pursuant to section 16 issued to certain farm owners or operators before doing business with the farm owner or operator;
and - *AB399_R1* – 3 – (3) provide the copy of the certificate to the Department upon request.
and (3) provide the copy of the certificate to the Department upon request.
bill.
Section 20 of this bill requires the Department to enforce the provisions of this bill.
Section 20 provides that the Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to the farm, business or records of a farm owner or operator or business owner or operator to ensure compliance with the provisions of this bill.
Section 20 provides that the Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to the farm, - 81st Session (2021) – 3 – business or records of certain farm owners or operators or a business owner or operator to ensure compliance with the provisions of this bill.
Section 21 of this bill authorizes the State Quarantine Officer to adopt such regulations as he or she deems necessary to carry out the provisions of this bill.
Section 21 of this bill authorizes the State Quarantine Officer to adopt such regExisting law provides that any person violating certain provisions is subject to a civil penalty that does not exceed:
civil penalty that does not exceed:
(2) for theo a second violation, $500;
(2) for the second violation, $500;
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Section 23 of this bill provides that this bill is in addition to and supplemental to the powers conferred by any other law protecting animal welfare.
to the powers conferred by any other law protecting animal welfare.
Section 23 exercise of any power granted by any other law to any officer, agent or employee of this State or of a county or local governing body in this State that protect animal welfare.
Section 23emental provides that the provisions of this bill must not be construed as to prevent the exercise of any power granted by any other law to any officer, agent or employee of this State or of a county or local governing body in this State that protect animal welfare.
Section 23 provides that this bill does not prevent a county or local governing body from adopting and enforcing its own animal welfare rules or ordinances that are more stringent than the provisions of this bill.
Section 23 provides that this bill does not prevent a county or local ordinances that are more stringent than the provisions of this bill.les or EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
1.5.
The provisions of sections 1.3 to 22, inclusive, of this act do not apply to the production, sale or transport for sale in this State of shell eggs by a farm owner or operator with an annual shell egg production from 3,000 or fewer egg-laying hens if all shell eggs sold or transported for sale in this State by the owner or operator are derived from the 3,000 or fewer egg-laying hens.
Sec.
Sec.
- 81st Session (2021) – 4 – Sec.
“Cage-free housing system” means an enclosure for egg-laying hens which is located indoors or outdoors, in which egg-laying hens are unrestricted and free to roam except as otherwise provided in paragraph (c), and which:
“Cage-free housing system” means an enclosure for egg-laying hens which is located indoors or outdoors, in which otherwise provided in paragraph (c), and which:am except as (a) Provides egg-laying hens enrichment that allows the egg- laying hens to exhibit natural behaviors, including, without limitation, scratch areas, perches, nest boxes and dust bathing areas;
- *AB399_R1* – 4 – (a) Provides egg-laying hens enrichment that allows the egg- laying hens to exhibit natural behaviors, including, without limitation, scratch areas, perches, nest boxes and dust bathing areas;
and (b) Any future systems which satisfy the conditions set forth in paragraphs (a), (b) and (c) of subsection 1.
and paragraphs (a), (b) and (c) of subsection 1.conditions set forth in 3.
3.
2.
- 81st Session (2021) – 5 – 2.
The term does not include pizzas, cookies, cookie dough, ice cream, mixes used for making pancakes or cakes and any other combination food product that is composed of more than egg products, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers or similar food additives.
The term does not include pizzas, cookies, cookie dough, ice cream, mixes used for making pancakes or cakes and any other combination food product that is composed of more than egg products, sugar, salt, water, seasoning, coloring, flavoring, preSec.
5.ves“Egg-laying hen” means a female chicken, turkey, duck, goose or guinea fowl that is domesticated and is kept for the purpose of producing eggs commercially.
5.
“Egg-laying hen” means a female chicken, turkey, duck, goose or guinea fowl that is domesticated and is kept for the purpose of producing eggs commercially.
- *AB399_R1* – 5 – Sec.
“Partially slatted system” means a cage-free housing system where egg-laying hens have unrestricted access to elevated flat platforms under which manure drops through the flooring to a pit or belt that remove manure which is below the platforms.
“Partially slatted system” means a cage-free housing system where egg-laying hens have unrestricted access to elevated flat platforms under which manure drops through the platforms.o a pit or belt that remove manure which is below the Sec.
Sec.
The term does not include a sale undertaken at an official plant where mandatory inspections are maintained pursuant to the Egg Products Inspection Act, 21 U.S.C.
The term does not include a sale undertaken at an official plant if the plant is receiving inspection service pursuant to the Egg Products Inspection Act, 21 U.S.C.
Sec.
- 81st Session (2021) – 6 – Sec.
“Usable floor space” means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the total number of egg-laying hens in that enclosure.
“Usable floor space” means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the total number of egg2.ayiThe term includes both ground space and elevated flat or nearly flat platforms upon which the egg-laying hens can roost.
2.
The term includes both ground space and elevated flat or nearly flat platforms upon which the egg-laying hens can roost.
Except as otherwise provided in subsections 2 and 3, on or after July 1, 2022, a farm owner or operator in this State shall not knowingly confine an egg-laying hen in an - *AB399_R1* – 6 – enclosure which has less than 1 square foot of usable floor space per egg-laying hen.
Except as otherwise provided in subsections 2 and 3, on or after July 1, 2022, a farm owner or operator in this State shall not knowingly confine an egg-laying hen in an enclosure which has less than 1 square foot of usable floor space per egg-laying hen.
or (2) One and one-half square feet of usable floor space per egg-laying hen if the cage-free housing system does not provide unrestricted access to elevated flat platforms, including, without limitation, unrestricted access in a single-level, all-litter floor system.
or (2) One and one-half square feet of usable floor space per egg-laying hen if the cage-free housing system does not provide unrestricted access to elevated flat platforms, including, without limitation, unrestricted access in a single-level, all-litter floor sys3.m.
3.
(b) The examination, testing or treatment of or a surgical procedure performed on the egg-laying hen that is conducted by a person licensed to practice as a veterinarian pursuant to chapter 638 of NRS or a person who is under the direct supervision of a person licensed to practice as a veterinarian pursuant to chapter 638 of NRS;
(b) The examination, testing or treatment of or a surgical procedure performed on the egg-laying hen that is conducted by a person licensed to practice as a veterinarian pursuant to chapter of NRS or a person who is under the direct supervision of a person licensed to practice as a veterinarian pursuant to chapter of NRS;
(d) A State or county fair exhibition, 4-H program and other similar exhibition involving the egg-laying hen;
(d) A State or county fair exhibition, 4-H program or other similar exhibition involving the egg-laying hen;
or (f) Temporary periods for animal husbandry purposes.
or - 81st Session (2021) – 7 – (f) Temporary periods for animal husbandry purposes.
Sec.
expose for sale or transport for sale egg products or shell eggs or within this State unless the farm owner or operator has been issued a certificate by the Department pursuant to NRS 576.128 and an endorsement of the certificate by the Department indicating that the egg products or shell eggs were produced by an egg-laying hen which was confined in a manner that complies with section 15 of this act.
16.
2.
1.
A farm owner or operator shall not sell, offer or expose for sale or transport for sale egg products or shell eggs within this State unless the farm owner or operator has been issued a certificate by the Department pursuant to NRS 576.128 and an endorsement of the certificate by the Department indicating that the egg products or shell eggs were produced by an egg-laying hen which was confined in a manner that complies with section 15 of this act.
- *AB399_R1* – 7 – 2.
4.
including, without limitation, an inspector who is employed, contracted with or authorized by the Department, or a private inspection or process verification provider to ensure compliance with sections 1.3 to 22, inclusive, of this act during the production and the handling of egg products and shell eggs.
The Department may use a government inspector, including, without limitation, an inspector who is employed, contracted with or authorized by the Department, or a private inspection or process verification provider to ensure compliance with sections 1.3 to 22, inclusive, of this act during the production and the handling of egg products and shell eggs.
If a holder of a certificate issued pursuant to NRS 576.128 holds an endorsement issued pursuant to this section, the Department shall include in any notice of renewal of the certificate provided to the holder of the certificate a notice to renew the endorsement issued pursuant to this section.
If a holder of a certificate issued pursuant to NRS 576.128 holds an endorsement issued pursuant to this section, the Department shall include in any notice of renewal of the - 81st Session (2021) – 8 – certificate provided to the holder of the certificate a notice to renew the endorsement issued pursuant to this section.
The Department may require an inspection of the enclosure for egg-laying hens to determine whether to renew an endorsement issued pursuant to this section.
The Department may require an inspection of the enclosure for egg-laying hens to determine whether to renew an determines that an inspection of the enclosure is required for the renewal of the endorsement, the endorsement remains in effect until the endorsement expires or until the Department makes a determination whether to renew the endorsement, whichever occurs later.
If the Department determines that an inspection of the enclosure is required for the renewal of the endorsement, the endorsement remains in effect until the endorsement expires or until the Department makes a determination whether to renew the endorsement, whichever occurs later.
The Department may deny an application for a certificate or an application for the renewal of an endorsement submitted pursuant to section 16 of this act or suspend or revoke - *AB399_R1* – 8 – an endorsement issued pursuant to section 16 of this act upon any of the following grounds:
The Department may deny an application for an endorsement or an application for the renewal of an endorsement submitted pursuant to section 16 of this act or suspend or revoke an endorsement issued pursuant to section 16 of this act upon any of the following grounds:
The failure or refusal of a farm owner or operator to cooperate with an inspection conducted pursuant to section 16 or 20 of this act;
The failure or refusal of a farm owner or operator to cooperate with an inspection conducted pursuant to section 16 or of this act;
Selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without being issued a certificate pursuant to NRS 576.128 and an endorsement issued pursuant to section 16 of this act.
Selling, offering or exposing for sale or transporting for sale egg products or shell eggs within this State without being issued a certificate pursuant to NRS 576.128 and an endorsement issSec.
18.uanA farm owner or operator who is aggrieved by an action of the Department concerning the denial, suspension or revocation of an endorsement pursuant to section 17 of this act may, not later than 10 business days after the date on which the action of the Department is taken, file a notice of appeal to the Department in the manner set forth by the State Quarantine Officer by regulation.
18.
A farm owner or operator who is aggrieved by an action of the Department concerning the denial, suspension or revocation of an endorsement pursuant to section 17 of this act may, not later than 10 business days after the date on which the action of the Department is taken, file a notice of appeal to the Department in the manner set forth by the State Quarantine Officer by regulation.
Sec.
2.
- 81st Session (2021) – 9 – 2.
A business owner or operator shall obtain a copy of the certificate issued pursuant to NRS 576.128 that contains the endorsement issued pursuant to section 16 of this act from the farm owner or operator to whom the certificate is issued before doing any business governed by sections 1.3 to 22, inclusive, of this act with the farm owner or operator.
A business owner or operator shall obtain a copy of the certificate issued pursuant to NRS 576.128 that contains the endorsement issued pursuant to section 16 of this act from the farm owner or operator to whom the certificate is issued before this act with the farm owner or operator..3 to 22, inclusive, of 3.
3.
The Department or an authorized inspector or agent of the Department is entitled to free access during regular business - *AB399_R1* – 9 – hours to an applicable farm or business and to the records of such a farm owner or operator or business owner or operator for the purpose of inspecting such farm, business or record to determine whether any of the provisions of sections 1.3 to 22, inclusive, of this act are being or have been violated.
The Department or an authorized inspector or agent of the Department is entitled to free access during regular business hours to an applicable farm or business and to the records of such a farm owner or operator or business owner or operator for the purpose of inspecting such farm, business or record to determine whether any of the provisions of sections 1.3 to 22, inclusive, of this act are being or have been violated.
Any person who violates any of the provisions of sections 1.3 to 22, inclusive, of this act is subject to a civil penalty pursuant to NRS 583.700.
Any person who violates any of the provisions of pursuant to NRS 583.700.usive, of this act is subject to a civil penalty Sec.
supplemental to, and not in substitution for, the powers conferred by any other law protecting animal welfare.
23.
1.
The provisions of this act are in addition to and supplemental to, and not in substitution for, the powers conferred by any other law protecting animal welfare.
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
- 81st Session (2021) – 10 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *AB399_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 370.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 668 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 16, Nays: 5.) To Assembly.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 668.) To printer.

  8. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  9. From printer. To engrossment. Engrossed. First reprint. To Senate.

  10. Read third time. Amended. (Amend. No. 343.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 27, Nays: 15.) To printer.

  11. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

  • Assembly Committee on Natural Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Natural Resources

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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agriculture
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Frequently asked questions

Who sponsors AB 399?
AB 399 is sponsored by Assembly Committee on Natural Resources.
What is the current status of AB 399?
This bill has been enacted into law. Introduced March 25, 2021. Enacted.
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