SPONSOR:	Rep. Maier & Sen. Peterson & Sen. Blevins ;
	Reps. Wagner, Keeley, M Marshall; Sens. Sokola

HOUSE OF REPRESENTATIVES

144th GENERAL ASSEMBLY

HOUSE BILL NO. 95

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CONFINEMENT OF CAGED EGG-LAYING HENS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 5, Title 11 of the Delaware Code by adding a new § 1328 as follows:

Ҥ 1328. Intensive confinement of caged egg-laying hens prohibited.

(a) No person, including any corporation or entity of any kind, may confine any caged egg-laying hen, for all or the majority of any day, to a living space that does not allow each caged egg-laying hen sufficient space to fully extend both wings without touching the sides of the living space or other birds, except as provided in subsection (c).

(b) For purposes of this Section:

(1) ‘Living space’ means any cage, crate or other structure used to confine caged egg-laying hens.

(2) ‘Egg-laying hen’ refers to a female domesticated chicken, turkey, duck, goose or guinea used for the purpose of egg production.

(c) This Section shall not apply to the confinement of caged egg-laying hens in such circumstances that may occur during individualized veterinary care, lawful transport, lawful slaughter or lawful state or county fair exhibitions.

(d) Notwithstanding any other provision of Delaware law, whoever violates this Section shall be guilty of a violation and shall be fined not less than $200 for the first offense. Each day’s violation shall be considered a separate offense.

(e) This Section shall take effect on January 1, 2009.”.

SYNOPSIS

This Act regulates the intensive confinement of caged egg-laying hens.