CALIFORNIA
PROPOSITION 12
Nearly ⅔ of Californians voted to enact the Prevention of Cruelty to Farm Animals Act (Proposition 12) in 2018. The law amends California’s health and safety code to ban the confinement of egg-laying hens, veal calves, and breeding pigs “in a cruel manner”. It also bans the sale in California of veal, pork, and eggs from animals confined in such a way (or in the case of pork, from the offspring of sows who were confined), regardless of what state the product is produced in. You can read the entire law here. The standard for veal went into effect in 2020. The cage-free standard for egg-laying hens went into effect in 2022. Proposition 12’s pork provisions took full effect January 1, 2024.
For information on the U.S. Supreme Court case regarding Proposition 12, click here.
What Products Are Affected?
Raw Pork Products
Breeding pigs used in the production of whole pork must have space to stand up, lie down, turn around, and extend their limbs, and have at least 24 square feet of usable floor space per animal. In practical terms, this means producers can't use gestation crates, including during what is referred to as "early stage pregnancy." Combination products (like soups, sandwiches, pizza, and hotdogs) are excluded.
Shell and Liquid Eggs
Shell and liquid eggs (including egg yolks or egg whites) must come from indoor or outdoor cage-free housing systems that meet the United Egg Producers’ cage-free guidelines. These guidelines include requirements for enrichments, including scratch areas, perches, nest boxes, and areas for dust bathing. Layers must have 1.0 to 1.5 square feet of usable floor space each (depending on the housing style) and must be able to move around inside their enclosure. Combination products (such as cake mixes, pizza, ice cream, and cookies) are excluded.
Veal Products
In 2020, California began requiring that whole uncooked veal and uncooked veal cutlets come from calves with space to stand up, lie down, turn around, and extend their limbs, and with at least 43 square feet of floor space per animal. Combination products (like soups, sandwiches, pizza, and hotdogs) are excluded.
How Can Your Business Follow The Law?
Businesses that operate in California and sell eggs, whole pork, and/or veal should receive a certification from their suppliers indicating that the products they are providing comply with California law.
Your suppliers need to hear from you.
Pork, egg, and veal producers are prepared to offer products that meet California animal welfare requirements. But it's critical that food companies work in partnership with their suppliers to ensure that their products meet California’s requirements. Food companies are contacting their pork, veal, and egg suppliers to ensure they are compliant with the newly implemented laws.
Contact your supplier and clearly indicate that:
Your business is impacted by Prop 12
You need certification indicating that your product supply is compliant
Use the downloadable form below to ensure that your suppliers will meet the minimum legal requirements for California.
What are the consequences of not following the law?
Each sale of a product that doesn’t meet the legal requirements can result in a $1,000 fine, imprisonment in the county jail for up to 180 days, or both.
In addition, businesses selling illegal products will be in violation of California’s unfair competition laws and may be subject to additional fines for each illegal sale and injunctive relief to prevent further violations of the law.