New Animal Welfare Laws, Prop 12 and Q3, Are Here: What You Need To Know

Updated July 2023

Proposition 12, a landmark California animal-welfare rule is now the law of the land, thanks to the U.S. Supreme Court. And so is Massachusetts Question 3, a similar voter-passed initiative that got the greenlight after the Court’s ruling.

It’s been a long time coming. Also known as the Farm Animal Confinement Initiative, Prop 12 was overwhelmingly passed by California voters in 2018. Massachusetts voters cast their ballots on Question 3 in 2016. Both laws prohibit the sale of eggs, veal or pork in their respective states from animals that were confined in small spaces.

In both cases, that means no more battery cages — communal cages just a few feet wide and 15 inches high — for laying hens. Breeding sows must be given at least 24 square feet of space. (Though no specific amount of space is specified in Question 3, animals must be able to standup and turn around.) Gestation crates, which were widely used for pregnant sows but severely limit their movement, are now almost entirely banned.

In both cases, the laws apply not only to California and Massachusetts farms but all farms that sell fresh pork, veal and eggs in those states.

At Applegate Farms, we have always exceeded the standards set by Prop. 12 and Q3. Our bacon comes from farms where pigs have plenty of space, light and fresh air. And we have do not and never will use gestation crates. (To learn more about our strict animal welfare standards, visit our Animal Welfare page.)

There are minor variations between the two laws. But both significantly raise the bar for the humane treatment of farm animals.

Below is our primer on the passage, challenges to and success of Prop. 12, which cleared the way for both laws to go into effect this summer.

When was Prop. 12 passed?

California voters decisively passed Prop. 12 in November, 2018, with 63% of voters in favor and 37% against. The first regulations, focused on veal, were released in 2020. The remaining ones were scheduled to take effect on Jan. 1, 2022, but a court ruling delayed them until California issues regulations for producers. That delay was then extended to wait for the Supreme Court to weigh in.

What does Prop. 12 do?

Animal-welfare advocacy groups claim that Prop. 12 is strongest animal welfare law in the United States — and possibly the world. Cages are explicitly banned for hens, which would be required to allocate at least 1 square foot of floor space for elevated platforms; single-level floor systems would require a minimum of 1.5 square feet of floor space per hen. Breeding sows would need to be given at least 24 feet of space. With the exception of a few days before and after birthing new piglets, sows cannot be kept in gestation crates.

Prop. 12 also closes some important loopholes left open by previous animal-welfare regulations. For example, Prop. 12 applies not only to shell eggs — the kind you buy by the dozen at the grocery store and account for about two-thirds of eggs sold — but also so-called liquid eggs, the pre-cracked eggs that are sold to restaurants and food manufacturers.

Who and what does Prop. 12 affect?

Prop. 12 affects all farmers that raise egg-laying hens, veal calves and pigs that plan to sell their products in California. And many, many do. According to Rabobank, California produces 4% of the nation’s pork but consumes some 15%.

Producers, such as Applegate and Niman Ranch, already met and, in some cases, exceeded the standards in Prop. 12.

Several other large producers, such as Applegate’s parent company Hormel Foods, are ready to comply with the law. But other firms resisted. In the leadup to the law’s implementation, some threatened not to send certain cuts to California once the rules take effect.

What challenges are there to Prop. 12?

The conventional pork industry fought vigorously to overturn Prop. 12.

Its argument centered on something known as the “Dormant Commerce Clause” of the constitution that is designed to prevent states from giving preferential treatment to businesses in their own states. Industry groups argued in both District court and the Ninth Circuit Court of Appeals that California was meddling in interstate commerce because the financial and logistical burdens fall primarily on out-of-state producers.

Both courts ruled against those claims. So the industry appealed to the United States Supreme Court, which agreed to hear its case. The hearings took place in October 2022. On May 11, 2023, the Court issued a 5–4 decision that agreed that the law did not violate the constitution. In its opinion upholding Prop 12, the Court stated that pork producers

invite us to fashion two new and more aggressive constitutional restrictions on the ability of States to regulate goods sold within their borders. We decline that invitation. While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list.

We are pleased that the Supreme Court has ruled in favor of high animal welfare, and that the matter is at last settled. At Applegate, we believe passionately in the humane treatment of animals and in listening closely to what consumers want.

Prop. 12 went into effect on July 1, 2023. Question 3 is in effect on August 23, 2023. Voters in California and Massachusetts have spoken.

Learn more about Prop 12 and Question 3:

-Ballotopedia: Proposition 12

-Ballotopedia: Question 3

-California Department of Food and Agriculture: Prop 12 Update

-National Pork Producers Council: Prop 12

-Humane Society: Inside our campaign for Prop. 12

-Humane League: What Does Question 3 Mean for Animals in Massachusetts

-Vox: The Fight Over Cage-Free Eggs and Bacon in California Explained

-Supreme Court Ruling: National Pork Producers Council v. Ross