Florida

Florida State Constitution, Article X, Section 21

Any producers raising pigs in the state of Florida need to be aware of the restrictions that have been in place since 2008 concerning the use of gestation crates to confine pregnant sows. 

In 2002, Florida voters approved Amendment 10 to the Florida State Constitution, banning the use of gestation crates for sows. The amendment can be found in Article X, Section 21 of the Florida State Constitution, and states:

“It shall be unlawful for any person to confine a pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a farm in such a way that she is prevented from turning around freely … A person who violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082(4)(a), Florida Statutes (1999), as amended, or by a fine of not more than $5000, or by both imprisonment and a fine, unless and until the legislature enacts more stringent penalties for violations hereof. On and after the effective date of this section, law enforcement officers in the state are authorized to enforce the provisions of this section in the same manner and authority as if a violation of this section constituted a violation of Section 828.13, Florida Statutes (1999). The confinement or tethering of each pig shall constitute a separate offense. The knowledge or acts of agents and employees of a person in regard to a pig owned, farmed or in the custody of a person, shall be held to be the knowledge or act of such person.”

This provision has been in effect since 2008. This means that any producer in the state of Florida is prohibited from using gestation crates to rear pregnant sows.

  What Animals Are Affected?


Pregnant Sows

What are the consequences of not following the law?


As of 2008, any producer in the state of Florida using conventional gestation crates to rear pregnant sows may face imprisonment, a fine of $5,000 per confined pig, or both.