2018 California Proposition 12

Last updated

Proposition 12
Flag of California.svg
Farm Animal Minimum Space
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes7,516,09562.65%
Light brown x.svgNo4,481,26737.35%
Valid votes11,997,362100.00%
Invalid or blank votes00.00%
Total votes11,997,362100.00%
Registered voters/turnout19,696,37160.91%

CA-06112018-ballot-12-counties.svg
Source: California Secretary of State [1]

Proposition 12 ("Prop 12") was a California ballot proposition in that state's general election on November 6, 2018. The measure was self-titled the Prevention of Cruelty to Farm Animals Act. [2] The measure passed, by a vote of about 63% Yes to 37% No. [3]

Contents

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, the 2008 California Proposition 2, which prohibited battery cages and gestation 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]

Ballot label summary

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.

Support

The Humane 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 the Center 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:

Opposition

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 away consumer choice and that the motivation behind the measure was to push consumers towards a vegan diet. [18]

Groups such as PETA opposed the measure because they considered it insufficient. [19]

The following organizations opposed Proposition 12:

The following newspapers opposed it:

Election results

The results of the vote were 62.65% YES to 37.35% NO. [3]

Proposition 12
ChoiceVotes %
Check-71-128-204-brightblue.svg Yes7,516,09562.65
No4,481,26737.35
Valid votes11,997,362100
Total votes11,997,362100.00

The egg industry has largely complied with the law. [8] However, despite the resounding success at the ballot box, the pork industry unsuccessfully sued to block implementation of the law. [25] In June 2021, the Supreme Court of the United States rejected a lawsuit from the North American Meat Institute to stop the law. [26] The Meat Institute had argued that Prop 12 violated the Commerce Clause of the US 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 the California 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]

The American Farm Bureau Federation and the National 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, in National Pork Producers Council v. Ross . [30]

See also

Related Research Articles

<span class="mw-page-title-main">Veal</span> Meat of young cattle

Veal is the meat of calves, in contrast to the beef from older cattle. Veal can be produced from a calf of either sex and any breed; however, most veal comes from young male calves of dairy breeds which are not used for breeding. Generally, veal is more expensive by weight than beef from older cattle. Veal production is a way to add value to dairy bull calves and to utilize whey solids, a byproduct from the manufacturing of cheese.

<span class="mw-page-title-main">Cruelty to animals</span> Negligent or abusive action against non-human animals by humans

Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon non-human animals. More narrowly, it can be the causing of harm or suffering for specific achievements, such as killing animals for entertainment; cruelty to animals sometimes encompasses inflicting harm or suffering as an end in itself, referred to as zoosadism.

The Humane Society of the United States (HSUS) is an American nonprofit organization that focuses on animal welfare and opposes animal-related cruelties of national scope. It uses strategies that are beyond the abilities of local organizations. It works on issues including pets, wildlife, farm animals, horses and other equines, and animals used in research, testing and education. As of 2001, the group's major campaigns targeted factory farming, animal blood sports, the fur trade, puppy mills, and wildlife abuse.

<span class="mw-page-title-main">Paul Shapiro (author)</span> American writer and activist

Paul Shapiro is an American animal welfare writer who authored the 2018 book Clean Meat: How Growing Meat Without Animals Will Revolutionize Dinner and the World. He's also the CEO and cofounder of The Better Meat Co. and the host of the Business for Good Podcast. He has delivered five TEDx talks relating to sustainable food and animal welfare. Prior to publishing Clean Meat, he was known for being an animal protection advocate, both as the founder of Animal Outlook and a Vice President at the Humane Society of the United States (HSUS).

<span class="mw-page-title-main">Farm Sanctuary</span> Non-profit organization in the USA

Farm Sanctuary is an American animal protection organization, founded in 1986 as an advocate for farmed animals. It was America's first shelter for farmed animals. It promotes laws and policies that support animal welfare, animal protection, and veganism through rescue, education, and advocacy. Farm Sanctuary houses over 800 cows, chickens, ducks, geese, turkeys, pigs, sheep, and goats at a 300+ acre animal sanctuary in Watkins Glen, New York and more than 100 animals at its location in Acton, California, near Los Angeles.

<span class="mw-page-title-main">2006 Arizona Proposition 204</span> Ballot measure regarding farm animals

Proposition 204 of 2006, or the Humane Treatment of Farm Animals Act, was a law enacted by the voters of Arizona by means of the initiative process. It requires that pigs and calves used for veal on factory farms be given enough room to turn around and fully extend their limbs. The Act was approved in a vote held as part of the 2006 Arizona state elections, held on November 7. It passed with over 62% support.

<span class="mw-page-title-main">Wayne Pacelle</span> American animal activist, former non-profit businessperson, and author (born 1965)

Wayne Pacelle is an American animal rights and animal welfare activist, non-profit businessperson and author. Two of his books have been New York Times best-sellers.

<span class="mw-page-title-main">Intensive animal farming</span> Branch of agriculture

Intensive animal farming, industrial livestock production, and macro-farms, also known as factory farming, is a type of intensive agriculture, specifically an approach to animal husbandry designed to maximize production while minimizing costs. To achieve this, agribusinesses keep livestock such as cattle, poultry, and fish at high stocking densities, at large scale, and using modern machinery, biotechnology, and global trade. The main products of this industry are meat, milk and eggs for human consumption. There are issues regarding whether intensive animal farming is sustainable in the social long-run given its costs in resources. Analysts also raise issues about its ethics.

<span class="mw-page-title-main">2008 California Proposition 4</span> Failed ballot proposition on abortion

Proposition 4, or the Abortion Waiting Period and Parental Notification Initiative, also known to its supporters as Sarah's Law, was an initiative state constitutional amendment in the 2008 California general election.

<span class="mw-page-title-main">2008 California Proposition 2</span> California ballot proposition

Proposition 2 was a California ballot proposition in that state's general election on November 4, 2008. It passed with 63% of the votes in favor and 37% against. Submitted to the Secretary of State as the Prevention of Farm Animal Cruelty Act, the initiative's name was amended to officially be known as the Standards for Confining Farm Animals initiative. The official title of the statute enacted by the proposition is the Prevention of Farm Animal Cruelty Act.

Section 597t of the Penal Code of California is a California State criminal law which requires that animals confined in enclosed areas be provided with an adequate exercise area. Even though this section of the Penal Code does not define "adequate exercise area", it would seem to prohibit the confinement of calves in veal crates, as well as the confinement of hens in battery cages and the confinement of sows in gestation crates. However, this law seems to have never been enforced.

<span class="mw-page-title-main">Mercy for Animals</span> United States-based animal welfare organization

Mercy For Animals (MFA) is an international nonprofit animal protection organization founded in 1999 by Milo Runkle. MFA's mission is to "prevent cruelty to farmed animals and promote compassionate food choices and policies."

This page is a timeline of the major events in the history of animal welfare and rights in the United States.

Animal welfare and rights in Brazil is about the laws concerning and treatment of non-human animals in Brazil. Brazil is a leading producer of animal products, and its allowance of intensive animal farming methods such as extreme confinement make farm animal welfare a major concern.

Animal welfare and rights in Canada is about the laws concerning and treatment of nonhuman animals in Canada. Canada has been considered to have weak animal welfare protections by the organization World Animal Protection. The vast majority of Canadians are for further animal protections, according to a poll conducted on behalf of Mercy for Animals.

<span class="mw-page-title-main">Animal welfare and rights in Australia</span> Treatment of and laws concerning non-human animals in Australia

This article is about the treatment of and laws concerning non-human animals in Australia. Australia has moderate animal protections by international standards.

An Act to Prevent Cruelty to Farm Animals, more commonly known as Question 3, was the third initiative on the 2016 Massachusetts ballot. The measure requires Massachusetts farmers to give chickens, pigs, and calves enough room to turn around, stand up, lie down, and fully extend their limbs. It also prohibits the sale of eggs or meat from animals raised in conditions that did not meet these standards.

<span class="mw-page-title-main">2018 California elections</span>

California state elections in 2018 were held on Tuesday, November 6, 2018, with the primary elections being held on June 5, 2018. Voters elected one member to the United States Senate, 53 members to the United States House of Representatives, all eight state constitutional offices, all four members to the Board of Equalization, 20 members to the California State Senate, and all 80 members to the California State Assembly, among other elected offices.

<span class="mw-page-title-main">2020 California Proposition 19</span> Successful property tax ballot initiative

California Proposition 19 (2020), also referred to as Assembly Constitutional Amendment No. 11, is an amendment of the Constitution of California that was narrowly approved by voters in the general election on November 3, 2020, with just over 51% of the vote. The legislation increases the property tax burden on owners of inherited property to provide expanded property tax benefits to homeowners ages 55 years and older, disabled homeowners, and victims of natural disasters, and fund wildfire response. According to the California Legislative Analyst, Proposition 19 is a large net tax increase "of hundreds of millions of dollars per year."

National Pork Producers Council v. Ross, 598 U.S. 356 (2023), was a United States Supreme Court case related to the Dormant Commerce Clause.

References

  1. "Statement of Vote: 2008 General Election" (PDF). California Secretary of State. December 13, 2008. Archived from the original (PDF) on May 6, 2013. Retrieved June 26, 2013.
  2. "vig.cdn.sos.ca.gov/2018/general/pdf/topl.pdf#prop12" (PDF). vig.cdn.sos.ca.gov. Retrieved November 6, 2018.
  3. 1 2 "Propositions & Ballot Measures: 2018 California Midterm Election Results". sacramento.cbslocal.com.
  4. 1 2 "Proposition 12 | Official Voter Information Guide | California Secretary of State". voterguide.sos.ca.gov. Retrieved November 6, 2018.
  5. 1 2 3 Torrella, Kenny (August 10, 2021). "The fight over cage-free eggs and bacon in California, explained". Vox. Retrieved December 14, 2021.
  6. Marceau, Justin (May 12, 2023). "The Supreme Court's ruling on Prop 12 is a win against factory farming. But the pigs' lives will still suck". Vox. Retrieved May 14, 2023.
  7. Yes on Prop 12: Prevent Cruelty California, "Campaign Overview." https://preventcrueltyca.com/campaign-overview Archived May 25, 2022, at the Wayback Machine . Retrieved 2019-01-04
  8. 1 2 3 Campbell, Leah (March 1, 2022). "California's Strict New Law Preventing Cruelty to Farm Animals Triggers Protests From Big U.S. Meat Producers". Inside Climate News. Retrieved March 1, 2022.
  9. "California's Proposition 12 Could Be the Latest Measure to Restrict Factory Farming - Pacific Standard". psmag.com. Retrieved November 6, 2018.
  10. "Prop 12: California voters will have a say on farm animal confinement". KSBY.com. November 2, 2018. Retrieved November 6, 2018.
  11. "Yes on Prop 12! Early Voting Begins for CA Law to End Extreme Farmed Animal Confinement". Mercy For Animals. October 2018. Retrieved November 6, 2018.
  12. "The Humane League". Blog. Retrieved November 6, 2018.
  13. "A Decade Later, Another 'Cage-Free' Measure is on the California Ballot". Civil Eats. October 25, 2018. Retrieved November 6, 2018.
  14. "Proposition 12: Farm Animal Confinement | The Rose Institute of State and Local Government". roseinstitute.org. Retrieved November 6, 2018.
  15. "Countdown to Critical Vote in California | Animal Equality | International Animal Protection Organization". animalequality.org. October 5, 2018. Retrieved November 6, 2018.
  16. "Bryan Pease". Socal VegFest. Retrieved November 6, 2018.
  17. "American Veal Association Statement on California Proposition 12".
  18. "FOX News Shows Debate on California Ballot Initiative for Cage-Free Chickens - National Association of Egg Farmers". www.eggfarmers.org.
  19. 1 2 "Nothing's Good Enough for PETA, Including Prop 12 - October 31, 2018". SF Weekly. November 2018. Retrieved November 6, 2018.
  20. 1 2 "NPR Choice page". npr.org. Retrieved November 6, 2018.
  21. "With Proposition 12, California Voters Face Choices On Farm Animal Confinement". capradio.org. Retrieved November 6, 2018.
  22. "American Veal Association Statement on California Proposition 12 — American Veal Association". americanveal.com. Retrieved November 6, 2018.
  23. "tracy_press/news/dialysis-daylight-saving-ambulance-farm-animal-confinement-propositions-detailed/article_b13b5f24-dd6d-11e8-9c1e-c3fa457e5630". goldenstatenewspapers.com. Retrieved November 6, 2018.
  24. "goldrushcam.com/sierrasuntimes/index.php/news/local-news/15886-california-farm-bureau-federation-announces-positions-on-november-2018-ballot-measures-yes-on-proposition-6-fuel-tax-repeal". goldrushcam.com. Retrieved November 6, 2018.
  25. "Will new bacon law begin? California grocers seek delay". KPBS Public Media. December 13, 2021. Retrieved December 14, 2021.
  26. "CALIFORNIA LAW BANNING CAGES HOLDS STRONG". thehumaneleague.org. July 21, 2021. Retrieved February 23, 2022.
  27. "Proposition 12 takes effect in California". www.ciwf.com. Retrieved January 12, 2022.
  28. "California judge rules Prop 12 enforcement should be temporarily halted on whole pork sales". Successful Farming. January 25, 2022. Retrieved February 9, 2022.
  29. Flynn, Dan (December 8, 2021). "More litigation goes ahead of California's feared bacon crisis". Food Safety News. Retrieved March 1, 2022.
  30. Nair, Devatha P. (May 11, 2023). "Supreme Court Upholds Prop 12" . Retrieved May 11, 2023.