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Prop 12 Takes Full Effect in California
Tuesday, January 2, 2024
  • As of January 1, 2024, California’s Proposition 12 law is fully in effect. Passed as a ballot measure in 2018, Prop 12 prohibits the sale in California of meat and eggs produced under certain farming practices. We have previously covered Prop 12 extensively, including its introduction, finalized regulations, and a Supreme Court case challenging its constitutionality.
  • Under Prop 12, farm owners and operators may not knowingly cause any covered animal to be confined in a cruel manner, meaning chickens, breeding pigs, and calves must not be confined in an enclosure that fails to comply with standards specified for each species. Eggs, veal, and pork products that do not comply with these standards are banned from sale in California.
  • In addition to a requirement for each species to be able to lie down, stand up, fully extend limbs, and turn around freely:
    • Egg-laying hens must be in a controlled environment that allows hens to exhibit natural behaviors, and must meet the United Egg Producers’ Guidelines for Cage-Free Housing;
    • Veal calves must have at least 43 square feet of floorspace per calf; and
    • Breeding pigs must have at least 24 square feet of usable floorspace per pig.
  • Prop 12 has faced industry opposition since its introduction, culminating in a 2023 Supreme Court case that found the law is not an unconstitutional violation of the dormant Commerce Clause. Most recently, a Missouri senator has introduced a bill that would preempt Prop 12. The bill has been referred to the Senate Agriculture, Nutrition, and Forestry Committee.
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