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| Source:California Secretary of State[1] | ||||||||||||||||||||||
Proposition 12 ("Prop 12") was aCalifornia ballot proposition in that state's general election on November 6, 2018. The measure was self-titled thePrevention of Cruelty to Farm Animals Act.[2] The measure passed, by a vote of about 63% Yes to 37% No.[3]
The proposition establishes new minimum requirements on farmers to provide more space for egg-laying hens, breeding pigs, and calves raised for veal. California businesses will be banned from selling eggs or uncooked pork or veal that came from animals housed in ways that did not meet these requirements.[4]
The ballot measure aimed to build upon and strengthen the requirements of a previous ballot measure, the2008 California Proposition 2, which prohibitedbattery cages andgestation crates for animals in California, and required that pigs, hens, and calves be able to spread their wings or limbs and turn around. The California legislature in 2010 passed AB 1437, which required all shell eggs sold in the state to meet the same requirements, including those produced elsewhere. Proposition 12 closed loopholes in these laws by requiring the same for all eggs sold in the state, regardless of the form it was sold in (i.e. both shell eggs and liquid eggs), and the state where it was produced.[5] However, not all pork has to comply with the law: only whole uncooked pork cuts must comply, while other pork products, such as ground pork, do not. This means that about 42% of the state's pork market is exempt from the law's requirements.[6]
The California Secretary of State's summary from the Official Voter Information Guide of Proposition 12 is as follows:[4]
ESTABLISHES NEW STANDARDS FOR CONFINEMENT OF SPECIFIED FARM ANIMALS; BANS SALE OF NONCOMPLYING PRODUCTS. INITIATIVE STATUTE. Establishes minimum requirements for confining certain farm animals. Prohibits sales of meat and egg products from animals confined in noncomplying manner. Fiscal Impact: Potential decrease in state income tax revenues from farm businesses, likely not more than several million dollars annually. State costs up to $10 million annually to enforce the measure.
TheHumane Society of the United States (HSUS) and other animal protection groups argued that confining animals in small cages is cruel, and that Prop 12 was needed to improve animal welfare, including by mandating cage-free conditions for egg-laying hens.[7] Prop 12 applies equally to both animals raised in California and those raised elsewhere for the California marketplace.[5] Prop 12 was endorsed by theCenter for Food Safety because research indicates that caging farm animals increases the spread of food-borne pathogens like Salmonella.[8]
The following organizations endorsed Proposition 12:
The following newspapers endorsed it:
The American Veal Association argued that Prop 12 would create unnecessary regulations and that the veal industry was already well on its way to phasing out crates.[17] Ken Klippen of the National Association of Egg Farmers told Fox News that the measure would take awayconsumer choice and that the motivation behind the measure was to push consumers towards a vegan diet.[18]
Groups such asPETA opposed the measure because they considered it insufficient.[19]
The following organizations opposed Proposition 12:
The following newspapers opposed it:
The results of the vote were 62.65% YES to 37.35% NO.[3]
| Choice | Votes | % |
|---|---|---|
 Yes | 7,516,095 | 62.65 |
| No | 4,481,267 | 37.35 |
| Valid votes | 11,997,362 | 100 |
| Total votes | 11,997,362 | 100.00 |
The egg industry has largely complied with the law.[8] Despite the resounding success at the ballot box, the pork industry unsuccessfully sued to block implementation of the law.[25] In June 2021, theSupreme Court of the United States rejected a lawsuit from theNorth American Meat Institute to stop the law.[26] The Meat Institute had argued that Prop 12 violated theCommerce Clause of theUS Constitution, but this argument was rejected because Prop 12 holds in-state and out-of-state producers to the same standard.[5] The law was implemented on January 1, 2022.[27]
On January 25, 2022, a judge ordered a temporary halt to enforcement of the prohibition on pork from gestation crates, for 180 days, pending development of final regulations by theCalifornia Department of Food and Agriculture, to give producers more time to comply.[28] The CDFA also needed more time to comply with a lawsuit filed by animal activists, who wanted to increase stringency of the regulations.[29]
TheAmerican Farm Bureau Federation and theNational Pork Producers Council again asked the Supreme Court to overturn the law, in another lawsuit similar to the ones that were previously rejected.[8] On May 11, 2023, the Supreme Court of the United States upheld the law, inNational Pork Producers Council v. Ross.[30]
As of 2024,HouseRepublicans are attempting to overrule Proposition 12 through theUnited States farm bill.[31] No new farm bill has been passed as of November 2024.
