Proposition 12 Implementation
REMINDER: Health and Safety Code Sections 25990 and 25991 require that as of January 1, 2020 all shell eggs and liquid eggs sold in California must be from egg-laying hens raised with no less than 144 square inches of useable floor space per hen. The applicable provisions of the Health and Safety Code can be accessed at the link below.
DRAFT Regulation Text for Stakeholder Feedback: These DRAFT documents are being issued to increase public participation and improve the quality of regulations pursuant to Government Code Section 11346.45. This is NOT a public notice of the initiation of rulemaking required by Government Code Section 11346.5. This posting is for information gathering purposes only.
The Animal Health and Food Safety Services Division of CDFA invites comments, data or other information from interested stakeholders on this initial draft text. While CDFA will read and consider all comments, the Department will not be responding to comments at this time. Commencement of the official rulemaking, including the formal 45-day comment period, will be announced on a later date by a separate public notice.
The draft text includes three separate Articles concerning:
- Egg-laying hens and the covered products of shell eggs and liquid eggs as specified
- Clarifying definitions for exceptions to confinement requirements
- Requirements and procedures for certification and the accreditation of third-party certifiers
Please provide comments and recommendations no later than 5:00 PM PST, January 31, 2020. Comments must be submitted via electronic mail with any attachments in PDF at the following address: CAVET@cdfa.ca.gov
- View DRAFT Article 1. Egg-Laying Hens
- View DRAFT Article 4. Exceptions
- View DRAFT Article 5. Certification and Accredited Certifiers
On November 6, 2018, California voters approved Proposition 12, the Farm Animal Confinement Initiative, which amended requirements in Chapter 13.8, sections 25990 through 25994, of the Health and Safety Code (HSC). The revised law requires that covered animals be housed in confinement systems that comply with specific standards for freedom of movement, cage-free design and minimum floor space, and identifies covered animals to include veal calves, breeding pigs and egg-laying hens, as specified. HSC section 25990 prohibits a farm owner or operator from knowingly causing any covered animal to be confined in a cruel manner, as specified, and prohibits a business owner or operator from knowingly engaging in the sale within the state of shell eggs, liquid eggs, whole pork meat or whole veal meat, as defined, from animals housed in a cruel manner.
In addition to general requirements that prohibit animals from being confined in a manner that prevents lying down, standing up, fully extending limbs or turning around freely, the measure added detailed confinement space standards for farms subject to the law. The complete text of the law (HSC sections 25990–25994), including confinement requirements, definitions, compliance dates, exemptions and penalties is available by clicking on the PDF document below:
HSC section 25993 specifies that the California Department of Food and Agriculture (CDFA) and the California Department of Public Health shall jointly promulgate rules and regulations for the implementation of the act. CDFA is in the process of developing a regulatory framework that may include production facility registration, certification, verification audits, border station inspection and a penalty matrix for violations including a process for appeals. The public and affected stakeholders will have the opportunity to submit written comments during the formal administrative rulemaking process.
The regulatory proposal will be posted on the Animal Health and Food Safety Services regulatory web page, once it is available at: cdfa.ca.gov/ahfss/regulations.html. It will also be published in the California Regulatory Notice Register at the Office of Administrative Law’s website: oal.ca.gov.
Any interested person may submit written comments to the Department regarding Proposition 12 by 5:00 p.m., June 3, 2019, according to the guidelines contained in the "Request for Information" document posted below. Interested persons will have an additional opportunity to provide comments to the Department during the regulatory process at a future date.
Proposition 12: Request for Information
For a copy of a PowerPoint presentation describing the requirements of Proposition 12, please click on the PDF below:
Prop 12 Request for Information Comments
To add your name to the subscription list to receive information regarding the implementation of Proposition 12, please click on the following link:
Contact for Information:
California Department of Food and Agriculture
Animal Health and Food Safety Services
1220 N Street
Sacramento, California 95814
Telephone: (916) 900–5000
Fax: (916) 900–5332
Animal Health and Food Safety Services Division