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Proposition 12 Implementation

Proposed regulations to implement Proposition 12, Farm Animal Confinement are now available. For more information, please visit: AHFSS Regulations.

Proposition 12 FAQs — March 2021

Proposition 12 Resources for Shell Eggs, Liquid Eggs and Veal Meat Sold in California

• Outreach to CA Fair and Exhibitions Stakeholders
• Outreach to Grocery Stores, Retailers and Food Distributors
• Outreach to Restaurants and Vendors that Prepare Food
• Outreach to Processed Food Permit Holders

Previous Draft Regulation Text for Stakeholder Feedback Published July 2020 and December 2019: 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 will read and consider comments received from interested stakeholders during this informal comment period; however, 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 five separate Articles concerning:

• Egg-laying hens and the covered products of shell eggs and liquid eggs as specified
• Veal calves and the covered product of veal meat as specified
• Breeding sows and the covered product of pork meat as specified
• Clarifying definitions for exceptions to confinement requirements
• Requirements and procedures for certification and the accreditation of third-party certifiers

DRAFT Articles of Regulation July 22, 2020

• View DRAFT Article 1. Egg-Laying Hens
• View DRAFT Article 2. Veal Meat
• View DRAFT Article 3. Pork Meat
• View DRAFT Article 4. Exceptions
• View DRAFT Article 5. Certification and Accredited Certifiers

Standardized Regulatory Impact Assessment July 15, 2020

Previous DRAFTS versions from December 2019

• View DRAFT Article 1. Egg-Laying Hens
• View DRAFT Article 4. Exceptions
• View DRAFT Article 5. Certification and Accredited Certifiers

Background:

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:

• Health and Safety Code sections 25990-25994

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, and border station inspection. 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.

Previous Invitation for Informal Comments from April 9, 2019

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:

• CDFA Hosted Workshop, February 22, 2019

Prop 12 Request for Information Comments

Request for Information Comments

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

Inquiries:

Animal Health and Food Safety Services Division
AnimalCare@cdfa.ca.gov