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Animal Confinement Regulations Finalized, effective September 1, 2022

New!   California Code of Regulations - Chapter 10 - Animal Confinement

Proposition 12, Farm Animal Confinement

New!   July 2022 - Lessons About Proposition 12 From Recent Pork Producer Visits

March 29, 2022 final judgement in Iowa Pork Producers Association v. Rob Bonta et al. *Appeal Pending

February 2, 2022 final judgment in the California Hispanic Chambers of Commerce, et al. v. Ross, et al. case regarding enforcement of Proposition 12

California Hispanic Chambers of Commerce, et al. v. Ross, et al. Prohibitory writ of mandate *Appeal Pending

Proposition 12 FAQs — Updated December 2021

Español: Proposición 12 FAQs — Documento actualizado diciembre 2021

Rulemaking History

The Department is proposing to adopt new Chapter 10 (commencing with section 1320) of Division 2 of Title 3 of the California Code of Regulations to implement Health and Safety Code sections 25990 through 25994, Farm Animal Cruelty, which mandates farm animal confinement standards and directs the Department and the Department of Public Health to jointly promulgate regulations to implement the provisions for specified farm animals and the sale of specified products derived from them.

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

Standardized Regulatory Impact Assessment July 15, 2020

Previous DRAFTS versions from December 2019

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:

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.

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

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

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