ORS 632.840: Manner of confining egg-laying hen; business plan for compliance; rules; inspections; fees; report; penalty.

(1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.849. The rules must: (a) Be designed to promote humane welfare standards; (b) Be effective in protecting consumers from food-borne pathogens; (c) Require that egg-laying hens be housed in a cage-free housing system; and (d) Establish usable floor space requirements. (2) Except as provided under this subsection, the department shall adopt rules to require that enclosures provide egg-laying hens with usable floor space that equals or exceeds the usable floor space required in United Egg Producers, Animal Husbandry Guidelines for U.S. Egg-Laying Flocks (2017) guidelines for cage-free housing. If a subsequent edition of the guidelines establishes a standard that requires more usable floor space than the standard set forth in the 2017 Edition of the guidelines, the department may adopt the higher standard. (3) The department shall cause farms engaged in the commercial production of eggs to be inspected, by qualified auditors at reasonable times, for the purpose of enforcing the provisions of ORS 632.835 to 632.849. (4) The department shall impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.849. (5) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.849. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.849. [2011 c.436 §4; 2011 c.436 §§5,7,9; 2019 c.686 §7]