Cage-Free Egg Law

No. This requirement was originally passed into law in 2009, with an implementation date at the end of 2019. Public Act 132 of 2019 (i.e., the Cage-Free Egg Law) updated this section of the law, moving the implementation date to after December 31, 2024.

The intent of the law is to ensure shell eggs sold in Michigan only come from operations having cage-free housing systems.

The law specifically applies to only farms with 3,000 or more egg-laying hens selling shell eggs for human consumption. The law does not apply to producers with less than 3,000 hens.

No.

The act prohibits business owners from engaging in the sale of any shell egg in Michigan that they know (or should know) is the product of an egg-laying hen confined in a manner inconsistent with the cage-free requirements.

Business owners selling shell eggs who fall under this law must obtain written confirmation from their suppliers that the eggs they received were produced in an environment meeting Michigan’s cage-free requirements. They must be able to show that documentation to an inspector when requested.

As with most regulations, the entities selling the products are responsible for meeting the laws and regulations that apply to those products. Therefore, a business owner selling eggs must ensure their business is meeting all the legal requirements to sell eggs.

MDARD plans to accept various types of written confirmation, as there are several nationally recognized certification programs for cage-free eggs. 

While specific guidelines for recordkeeping are not outlined in the Cage-Free Egg Law, the U.S. Food and Drug Administration’s Food Traceability Rule has a general requirement of keeping records for two years from the date they were created or obtained. One exception is for records of food purchased directly from a farm; those records must be maintained for 180 days. MDARD would suggest business owners remain consistent with these recordkeeping practices.

MDARD performs routine inspections at locations selling shell eggs. The department and local health departments (which inspect restaurants) will address labeling issues and ensure foods (like eggs) are sourced from approved suppliers as part of routine inspections. Cage-free egg compliance will be rolled into MDARD’s deeply established routine of inspections of food establishments, places where shell eggs are sold, and complaint investigations.

MDARD uses a foundation of education before regulation. When violations are identified, MDARD will use its established progressive enforcement process to bring firms into compliance, as it does for other inspection and enforcement activities.

The first instance of non-compliance would be documented as a violation the firm has the opportunity to correct. If subsequent violations are observed, enforcement actions can escalate, resulting in fines and/or other regulatory actions.

No. It applies to all qualifying suppliers selling shell eggs in Michigan.

No. Public Act 132 of 2019 only applies to the sale of whole eggs in shell form in Michigan for use as human food. It does not apply to eggs being transported through the state or sent for additional processing.

What is a “cage-free housing system”?
The full details for a cage-free housing system are outlined in the Animal Industry Act, Chapter 287.746. In summary:

• Hens must be free to roam unrestricted in indoor environments.
• Farm employees must be able to provide care to hens while standing in the hen’s usable floor space within indoor environments.
• Whether in indoor or outdoor environments, hens must be given enrichments that allow them to exhibit natural behaviors.
• Cage systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, or any similar cage system cannot be included within indoor or outdoor environments.

What is an “egg-laying hen”?
"Egg-laying hen" means a female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.

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

Who is a “business owner”?
"Business owner" means a person who owns or controls the operations of a business.

Was this law enacted in response to detections of highly pathogenic avian influenza (HPAI) in commercial poultry flocks?
No. Public Act 132 became law in 2019, and the first detections of HPAI in the nation as well as in Michigan occurred in 2022. The response to the virus and the creation and enactment of this law are not related.

Is Michigan the only state outlining cage-free housing requirements for suppliers of commercial shell eggs?
No. Over the past few years, many other states have enacted cage-free egg laws—such as Arizona, California, Massachusetts, and Ohio.

If a supplier fitting the definition provided in the act is not adhering to the cage-free housing requirements or has given a false statement, how should this be reported?
Please contact the MDARD Customer Service Center at 800-292-3939 (Monday through Friday from 8:00 a.m. to 5:00 p.m., EST), submit a report using MDARD - Contact MDARD / File a Complaint, or email MDA-Info@michigan.gov.

If customers have questions regarding whether or not the business they are buying shell eggs from is complying with this new act, who should they contact?
Please contact the MDARD Customer Service Center at 800-292-3939 (Monday through Friday from 8:00 a.m. to 5:00 p.m., EST), submit a report using MDARD - Contact MDARD / File a Complaint, or email MDA-Info@michigan.gov.

Where can additional information regarding Michigan’s Cage-Free Egg Law be found?
Additional information about Michigan’s Cage-Free Egg Law can be found on MDARD’s website.