UPDATE

In 2023, the U.S. Supreme Court upheld California's Proposition 12, a law that has significant implications for food businesses across the country. The ballot measure, approved by more than 62% of California voters, set standards for the confinement of certain farm animals, regardless of where these animals are raised.

The pork industry’s challenge concerned whether California was permitted to prohibit the sale of pork based on how pigs were raised outside of state borders. The Supreme Court determined that the law did not violate the U.S. Constitution.

Proposition 12 also sets standards for housing egg-laying hens and calves used for veal, along with prohibiting the in-state sale of eggs from caged hens and veal from calves confined with less than 43 square feet of usable floor space per calf.

Given that all of Proposition 12’s provisions are now in effect, farms and food businesses must ensure compliance with the law. Guidelines have been provided by the California Department of Food and Agriculture to help companies navigate this transition.

This ruling, and the legislation it upholds, underscores the evolving landscape of animal welfare standards in the United States. Multiple challenges to Proposition 12 failed at the district, circuit, and Supreme Court levels. It's a clear signal that businesses need to prioritize animal welfare in their practices, not only to comply with the law, but also to meet the changing expectations of consumers and the public. 

Fifteen states now have laws concerning the extreme confinement of farm animals. Subscribe to our email newsletter to stay informed about new laws and regulations as they emerge.

 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.