The European Commission has apparently sent “a reasoned opinion” to 10
member states “that have failed to correctly implement Directive 1994/74EC
which introduces a ban on the use of un-enriched cages for laying hens,”
according to a June 21, 2012, EU press release. The Commission has given
Belgium, Greece, Spain, France, Italy, Cyprus, Hungary, the Netherlands,
Poland, and Portugal two months to ensure compliance with the directive
before referral to the EU Court of Justice. These countries apparently still
permit the use of “un-enriched cages” for laying hens “despite the ban which
came into force in January 2012 for which they have had 12 years to prepare.”

Under the directive, “all laying hens must be kept in ‘enriched cages’ with extra space to nest, scratch and roost,” or in systems with at least 750 square centimeters of cage area as well as “a nest-box, litter, perches and claw-shortening devices, allowing the hens to satisfy their biological and behavioral needs.” As the Commission argued, however, member states that have failed to enforce these rules despite repeated warnings have put businesses that invested in the new infrastructure at a competitive disadvantage. “To demonstrate compliance, member states will need to show that all those establishments still using un-enriched cages, have either been transformed or closed,” concluded the Commission.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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