§ 35-21-203. Enclosure Requirements – Repeal

1. 1. 1. On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen. (1) (a) (I) On and after January 1, 2023, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure with less than one square foot of usable floor space per egg-laying hen.
      2. This subsection (1)(a) is repealed, effective January 1, 2025.
   2. On and after January 1, 2025, a farm owner or operator shall not knowingly confine an egg-laying hen in an enclosure:
      1. That is not a cage-free housing system; or
      2. That has less than:
         1. One square foot of usable floor space per egg-laying hen in a cage-free housing system that provides egg-laying hens with unfettered access to vertical space, such as a multi-tiered aviary or a partially slatted system; or
         2. One and one-half square feet of usable floor space per egg-laying hen in a cage-free housing system that does not provide egg-laying hens with unfettered access to vertical space, such as a single-level all-litter floor system.
2. 1. A business owner or operator shall not knowingly sell or transport for sale in the state a shell egg or egg product that the business owner or operator knows or should know was produced by an egg-laying hen that was confined in a manner that conflicts with the standards required in subsection (1) of this section.
   2. 1. This subsection (2) takes effect January 1, 2023.
      2. This subsection (2)(b) is repealed, effective January 1, 2025.
3. For the purposes of this part 2, a sale is deemed to occur at the location where the buyer takes physical possession of the item.

Source: L. 2020: Entire part added, (HB 20-1343), ch. 217, p. 1073, § 1, effective September 14.