Authorized By: State Board of Agriculture and Charles M. Kuperus, Secretary

Authority: N.J.S.A 4:22-16.1

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2006

Submit comments by June 2, 2006 to:

Dr. Nancy E. Halpern, Director
N. J. Department of Agriculture
Division of Animal Health
P.O. Box 330
Trenton, NJ 08625
Or email to:
state.vet@ag.state.nj.us

The agency proposal follows:

Summary

The State Board of Agriculture and the Department of Agriculture (collectively “Department”) are committed to an ongoing review of the rules governing humane treatment of domestic livestock to ensure that New Jersey’s standards continue to reflect practices informed by welfare concernsand supported by science and generally accepted industry standards. In accordance with that commitment, the Department has reviewed the scientific literature, curricula of veterinary schools, land grant colleges and agricultural extensions, and other pertinent scientific studies to keep abreast of changes in acceptable humane standards. As a result of the Department’s continuing efforts and commitment, the Department has determined that the sections of N.J.A.C. 2:8-4 as they relate to induced molting in poultry should be amended to reflect current science.

As defined in the regulations, “induced molting is a management practice that simulates the natural molting event and is designed to bring the entire flock in to a non-laying and oviduct rejuvenation period. After the molt, a new plumage develops and the birds resume egg production at a higher rate with better egg quality.” For birds in commercial egg production, the environmental influences that induce molting have been removed. Due to the controversial nature of complete feed withdrawal molting, the United Egg Producers (UEP) Scientific Advisory Committee, along with the poultry industry and the academic and scientific community, have been diligently researching alternatives to feed withdrawal as a means of inducing a molt. The Scientific Advisory Committee of the UEP, chaired by Jeff Armstrong, Dean of the College of Agriculture and Natural Resources at Michigan State University, provided grants to the scientific community, specifically to five universities, to develop practical alternatives to molting programs that required feed removal, with an emphasis on performance and behavior. Following its review of proposals for non-feed withdrawal methods, the committee amended its guidelines to reflect the scientific findings and conclusions. As of January 1, 2006, only non-feed withdrawal molt methods will be permitted for producers who participate in the “United Egg Producers Certified” Program.

The proposed amendments to this subchapter make the Department’s regulations consistent with the revised United Egg Producers’ guidelines for inducing a non-feed withdrawal molt. The Department notes that most egg-producing farms in New Jersey are currently operating in compliance with these guidelines. The proposed amendments will require producers to use only non-feed withdrawal induced molting as an acceptable poultry management practice.

The Department’s proposal amends N.J.A.C. 2:8-4.2 to require that molting hens have access to a nutritionally adequate and palatable maintenance diet until the flock reaches a pre-production physiologic state. The Department’s current rules permit complete feed withdrawal to achieve the target physiologic state. Research conducted by academics, industry and the scientific community, however, has demonstrated that a return to the pre-production physiologic state can be achieved by providing a maintenance diet. The proposed amendment defines maintenance diet as a nutritionally balanced diet that is high in fiber and low in protein and energy and that is adequate for the body maintenance of a non-laying hen. This diet is designed to bring the flock into a non-laying and oviduct rejuvenation period. In addition, the Department is defining “resting diet” as a nutritionally balanced diet that is lower in fiber and higher in protein and energy than a maintenance diet. Producers may choose to provide to their flocks a resting diet prior to reintroduction of a layer diet. The Department has also defined “layer diet” as a nutritionally balanced diet that is adequate for the body maintenance of a laying hen. N.J.A.C. 2:8-1.2 has been amended to reflect the addition of these definitions. Finally, because reducing the light period that laying hens are exposed to also aids in the cessation of egg-laying which is necessary for a successful molt, this proposal also seeks to amend N.J.A.C. 2:8-4.4 to include a standard determined by the scientific community that addresses the minimum amount of light egg-laying hens should be exposed to while molting.

As the Department has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C.1:30-3.3(a)5.

Social Impact

The amendments to the established standards for the humane raising, keeping, care, treatment, marketing and sale of domestic poultry revise the existing molting standards based on the Department’s review of evolving science and practices and will continue to benefit the health and well-being of all domestic poultry in the State. Healthy poultry and high-quality poultry products will ensure continued public demand for poultry and their products, thereby helping to maintain the viability of the poultry industry in New Jersey.

These proposed amendments to N.J.A.C. 2:8 amend the minimum humane standards for the feeding of poultry during an induced molt to reflect the latest scientific findings and changing industry standards. These amendments are based on recommendations for non-feed withdrawal molts developed by the UEP Scientific Advisory Committee following its review of research done by the University of Illinois, University of Nebraska, North Carolina University, University of California, and University of Arkansas. The segment of the poultry industry that will be affected by the proposed amendments encompasses those that practice induced molting. However, many of these egg-laying flocks currently operate in compliance with the guidelines as UEP Certified egg-laying flocks.

Not following these standards will be considered a violation of these rules and will subject the producer to penalties. These proposed amendments will have a positive social impact by further strengthening the humane standards established by the Department.

Economic Impact

The proposed amendments to these rules will change compliance requirements with regard to permitted poultry molting practices. New Jersey’s commercial egg-laying operations that practice induced molting already meet or exceed the amendments proposed for adoption as they comply with UEP standards. Poultry operations that are not currently employing these practices will be economically impacted as they will need to change their management practices (for example, purchasing feed for non-laying hens during a molt or additional energy costs due to increased light exposure for molting hens). In those instances, increased costs are necessary to comply with the Department’s decision to accept recent scientific conclusions that non-feed withdrawal molts are a viable and preferred management practice.

Federal Standards Statement

There are no Federal standards that apply to induced molting practices in egg-laying flocks. The proposed amendments, therefore, do not exceed any applicable Federal standards. A Federal standards analysis is not required.

Jobs Impact

Adoption of these proposed amendments on humane treatment of domestic poultry will not result in the generation or loss of jobs in the State.

Agriculture Industry Impact

The adoption of these proposed amendments will have a positive impact on the New Jersey poultry industry by modifying uniform standards for the care of poultry. It is anticipated that both care of animals and quality of poultry products will be maintained by standards consistent with recent, scientifically supported practices for modified feeding molts.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq, requires the Department to provide a description of the types and estimated number of small businesses which will be affected by the proposed amendments. The proposed amendments are mainly applicable to commercial domestic poultry producers and some smaller egg-laying flocks that utilize molting as a management practice. As these amendments are proposed to modify the baseline for humane treatment of domestic poultry, there can be no differing standard for an individual or for small or large businesses. Additional costs associated with compliance, if any, will be minimal for those producers currently employing the UEP standards and whose existing practices will most likely meet or exceed these standards as set forth in the Summary and Economic Impact statements above. In absence of a violation, poultry producers will not incur any additional costs.

These amendments will not require any additional costs associated with reporting or record-keeping, nor will they require costs for employment of professional services.

Smart Growth Impact

The proposed amendments are consistent with the State’s Smart Growth Plan and will contribute toward the achievement of New Jersey’s smart growth goals by helping to retain poultry flocks in New Jersey through the protection of the State’s poultry industry and maintenance of the poultry industry’s reputation for high quality poultry and poultry products. Therefore, the Department anticipates that there will be a positive impact on the State’s Development and Redevelopment Plan.

Full text of the proposed amendments follows (additions indicated in boldface thus: deletions indicated in brackets [thus]):

SUBCHAPTER 1. GENERAL PROVISIONS

2:8-1.2 Definitions:

“Layer diet” means a nutritionally balanced, palatable diet that is adequate for the body maintenance of a laying hen.
“Maintenance diet” means a nutritionally balanced, palatable diet that is high in fiber and low in protein and energy and that is adequate for the body maintenance of a non-laying hen. This diet is designed to bring the flock into a non-laying and oviduct rejuvenation period.
“Resting diet” means a nutritionally balanced, palatable diet that is lower in fiber and higher in protein and energy than a maintenance diet.

SUBCHAPTER 4. STANDARDS FOR POULTRY

2:8-4.2 Feeding

(a)-(b) No change.
(c) Exceptions to feeding requirements for poultry are as follows:
1-2 (No change)
3. Induced molting is permitted [Feed may be withdrawn from adult poultry during an induced molt,] provided that the following conditions are met:
i. [Maximum length of feed withdrawal is 14 days. Feed withdrawal begins when all feed troughs are empty.] Feed may not be withdrawn during the molt. Molting hens must have daily access to a maintenance diet or resting diet.
ii. Mortality and body weight loss shall be monitored daily throughout the molt, and [feed must be returned immediately] if the average weight loss exceeds 30 percent of pre-molt weight, or if mortality exceeds 1.2 percent molting hens must be returned to a resting or layer diet [during the feed withdrawal].

2:8-4.4 Keeping

(a)-(g) (No change)
(h) When inducing a molt in egg-laying hens, the light period should be reduced to not less than 8 hours in closed houses or to natural day length in open houses for the duration of the molt period. When the flock is placed back on a layer diet, lights should be returned to the normal layer program schedule.


________________________________
Charles M. Kuperus, Secretary
New Jersey Department of Agriculture
February 16, 2006