This is What Prop 12 Means for Animals

Without legal protections like Prop 12, millions of hens, sows, and veal calves face the unending misery of extreme confinement on factory farms.

Chickens in cages

Raised to lay eggs for human consumption, so-called “layer hens” spend the better part of two years in battery cages. Factory farms cram as many as ten birds at a time in these —small wire crates—confining each hen to an area no bigger than the size of an iPad. Hens often twist their ankles on the mesh floors that catch their eggs for collection, and many perish during their time in confinement, their bodies left to decompose beneath the feet of their captive companions. Although chickens in the wild lay something like 12 eggs a year, layer hens lay close to 300, at great cost to their health, well-being, and survival.

Sadly, this kind of intensive confinement is the fate for most egg-laying hens in the US and globally. Currently, roughly 70% of egg-laying hens in the US live in battery cages. Worldwide, 90% of commercial egg production uses battery cages. And the number of individual hens trapped in this system is vast. In 2019, the Food and Agriculture Organization of the United Nation (FAO) reports, the flock of laying hens in the US numbered 399 million, altogether laying 113 billion eggs. The egg industry subjects hundreds of millions of hens to a lifetime of confinement, just to maximize its own profits.

Pigs in cages

Pigs also face immense suffering on factory farms. Treated like breeding machines, mother pigs live in metal cages called “gestation crates” for most of their short lives. Continuously impregnated to give birth to litter after litter of piglets, sows spend their entire pregnancies—a span of four months—in a space so small that they can’t even turn around. Their waste falls through slats in the floor and flows into toxic lagoons of pink slurry. Unable to build nests, forage for food, or cool off in the mud, these captive animals develop coping mechanisms known as “stereotypies”—swaying, nodding, or gnawing on the metal bars of their cages. And, even after they give birth, they’re condemned to confinement in “farrowing crates” as they nurse their piglets, before they’re forced back into gestation crates to restart the cycle of abuse.

Annually, the US pork industry relies on more than 6.2 million sows for breeding—and it locks 4.6 million of these animals in cages. According to the 2012 USDA survey with pig producers, 75.8% of all gestating pigs—a clear majority—were housed in cages, sometimes as many as 2,000 in a single shed.

Cows in cages

Cows—in particular, calves raised for veal—also suffer in strict confinement, isolation, and deprivation on factory farms. Torn from their mothers within days—or sometimes hours—of birth, and sent to slaughter before they’re even 20 weeks old, these baby cows spend most of their extremely short lives in tiny enclosures called “veal crates”: fenced-in huts with just enough space for the calf to stand. There’s no room for the young cow to run, let alone walk, because the veal industry requires calves to go to slaughter with extremely underdeveloped muscles. In other words, these baby cows aren’t allowed to exercise, just so their muscles will atrophy and they’ll produce a more appetizing—and profitable—cut of veal for consumers.

On average, in the US, nearly 4,000 calves go to their deaths every single week. But most veal comes from Europe, which produces 82% of all the veal in the world.

What is Proposition 12?

Voted into law in 2018, Prop 12 is, to date, the most powerful California law protecting animals on factory farms. Prop 12’s provisions for eggs and veal went into effect on January 1, 2022, protecting egg-laying hens and calves. Its provisions for pork were temporarily on hold until they were finalized on September 1, 2022 and were intended to be enforced beginning March 1, 2023, though this has been extended to July 1, 2023. “Once fully implemented on January 1, 2022,” Vox reports, “it will affect nearly a million pigs and 40 million egg-laying hens each year.” It also grants important protections to the hundreds of thousands of calves raised for veal annually.

While Prop 12 is the strongest law against animal confinement currently in place, its precursors paved the way for its success. California voters passed Proposition 2—the Prevention of Cruelty to Farm Animals Act—back in 2008. It was a landslide victory. Over 8 million Californians—representing a huge majority, at 63% of the vote—approved Prop 2, a ballot initiative that gave hens, sows, and veal calves raised in California just enough room to stand up, lie down, turn around, and stretch their limbs without hitting the sides of a cage. Though modest, this relief from the most extreme forms of confinement laid the foundations for further protections to come.

In 2010, California passed Assembly Bill 1437, a bill that required that all eggs not just produced but also sold in the state had to comply with the animal welfare standards set out in Prop 2. This “sales ban” took effect in 2015—the same year as Prop 2—and meant that hens across the nation would have to receive enough space to fully extend their wings, so long as their eggs were sold in California.

Prop 12 arrived in 2018 as a landmark win for animals. It went even further than either Prop 2 or AB 1437. More than 500 veterinarians endorsed it, along with United Farm Workers, California Sierra Club, The Los Angeles Times Editorial Board, and every major farm animal protection organization in the country. Like Prop 2, Prop 12 received about 63% of the vote, with 7.5 million Californians voting in favor of its passage into law.

The passage of Prop 12 was nothing short of a team effort. In the largest “Get out the Vote” texting campaign in ballot measure history, intrepid volunteers with The Humane League in San Francisco, Los Angeles, and San Diego got Prop 12 on the ballot by sending 1.375 million text messages to voters throughout the state. In the final count, they collected more than 660,000 signatures. Now, thanks to the dedication of activists and the compassion of voters, Prop 12 has been partially in effect since the start of 2022. Prop 12’s provisions protecting egg-laying hens and veal calves went into effect on January 1, 2022. Its provisions for pork were temporarily placed on hold, finalized on September 1, 2022, and will be enforced starting July 1, 2023.

What are the regulations of California Prop 12?

Prop 12 ups the ante from Prop 2. Prop 2 outlawed the confinement of egg-laying hens, mother pigs, and calves raised for veal in a manner that did not allow them to move in basic ways: turning around, lying down, standing up, extending their limbs. While the new requirements were a crucial upgrade to the extremely restrictive conditions these animals had endured until then, Prop 2 didn’t clarify exactly how much square footage each animal should receive. Because of its vague language, which relied entirely on individual animal behavior, many factory farms found loopholes to sidestep the law. For example, some meat producers continued to use cages—just bigger ones, or ones with fewer animals trapped inside.

By contrast, Prop 12 gave animals much more concrete protections—not just in the form of specific square footage requirements but also in the form of a sales ban against noncompliant animal products from out of state, allowing consumers in California to avoid cruel products. It also went further by including “liquid eggs”—the processed form of egg yolks used in restaurants across the food industry—in addition to traditional “shell eggs.”

Prop 12 and chickens

Prop 12 grants egg-laying hens—a category that includes chickens, turkeys, ducks, geese, and guinea fowl—both litter (to sop up waste) and space (to move around). In accordance with the United Egg Producers' 2017 guidelines for cage-free housing, these birds are required to have floors bedded with litter, like sawdust or fresh straw, rather than just bare wire mesh. In any housing system with multiple tiers, which allow the hens to perch and roost above the ground, the birds must have a minimum of one square foot of floor space each. And in housing systems with only one level, the birds must have at least one and a half square feet of floor space.

Prop 12 and pigs

In gestation crates, pregnant female pigs have just 14 square feet of floor space each: seven feet by two feet. Prop 12 gives these animals at least 24 square feet of floor space each. That’s about two times the size of a bath towel, which isn’t a lot of space but is a small sign of improvement.

Prop 12 and cows

Under Prop 12, calves raised for veal must each receive at least 43 square feet of floor space, which is roughly equivalent to a king-sized mattress. While the calves still won’t have enough space to get the kind of exercise that would build strength, these new space requirements are a step in the right direction.

When did Prop 12 take effect?

Although Prop 12 was successfully passed in 2018, its protections for these animals are staggered to take effect in 2020 and 2022, giving egg, pork, and veal producers ample time to update their facilities. In 2020, egg-laying hens were required to receive a minimum of one square foot of floor space and baby cows raised for veal at least 43 square feet of floor space. Starting in 2022, hens are required to receive cage-free housing with enriched environments for nesting and perching, and mother pigs are required to receive 24 square feet of floor space—though parts of the provisions for sows were temporarily paused.

In short, Prop 12 first started to take effect in 2020 and was slated to take full effect in 2022—though this doesn’t mean all factory farms will immediately or automatically comply with the law. The California Department of Food and Agriculture and the California Department of Public Health are legally responsible for enforcing Prop 12, and can treat violations as misdemeanors with fines up to $1,000 per sale. And, looking forward, it’ll be up to compassionate consumers to demand that meat producers continue to step up their standards for animal welfare beyond what Prop 12 requires.

Prop 12 lawsuits

With Prop 12 outlawing all forms of confinement that don’t meet its minimum requirements for space, a number of meat producers have listened to consumer demand and transitioned to more humane housing systems. Others, however, have pushed back against Prop 12 and its precursors. But none have managed to overturn the laws, a signal that the movement to end cages is going strong.

Cramer v. Harris

In 2015, the United States Court of Appeals for the 9th Circuit upheld the constitutionality of Prop 2 against challengers who argued that—due to the vagueness of the space requirements—the law couldn’t be implemented. Siding in favor of Kamala Harris, the Attorney General of California, and the Humane Society of the United States, the court concluded: “All Proposition 2 requires is that each chicken be able to extend its limbs fully and turn around freely. This can be readily discerned using objective criteria. Because hens have a wing span and a turning radius that can be observed and measured, a person of reasonable intelligence can determine the dimensions of an appropriate confinement that will comply with Proposition 2."

Missouri et al. v. California

In 2014, Missouri, Nebraska, Oklahoma, Alabama, Kentucky, and Iowa challenged AB 1437, claiming that the bill placed undue burden on interstate commerce and, as such, violated the “Commerce Clause” of the US Constitution. The District Court for Eastern California dismissed the case, however, because the states lacked standing—they failed to show how the law impacted statewide commerce as a whole, rather than just a specific subset of individual egg producers.

In 2016, this decision was brought before the United States Court of Appeals for the 9th Circuit, but the judges agreed with the California district court. The case was appealed once again, in 2017, to the US Supreme Court, which declined to hear the case in 2019. As a result, the bill remained in effect—and continued to provide protections for animals.

North American Meat Institute v. Becerra

In 2019, the North American Meat Institute (NAMI) launched a challenge against Prop 12, citing the “Commerce Clause”, but the US District Court for the Central District of California dismissed its complaint, and the US Ninth Circuit Court of Appeals affirmed this decision. In 2021, NAMI appealed the decision to the Supreme Court of the United States, which denied its petition—marking another major victory for the animals.

National Pork Producers Council v. Ross

In 2019, the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF) brought a similar challenge against Prop 12 to the District Court for Southern California, again citing the “Commerce Clause”—but the district court dismissed the case in 2020, firmly upholding protections for animals.

In September 2020, NPPC and AFBF appealed the decision to the US Ninth Circuit Court of Appeals. Less than a month later, a three-judge panel unanimously upheld the decision of the lower court.

Despite these losses, NPPC and AFBF petitioned the United States Supreme Court to hear their case. In March 2022, the Supreme Court agreed to hear the pork industry’s lawsuit attempting to strike down Prop 12.

In May 2023, the Supreme Court of the United States ruled on National Pork Producers Council v. Ross, upholding Proposition 12, the common-sense California legislation that ensures that millions of baby calves, mother hens, and mother pigs have enough space to turn around, stand up, and stretch their limbs. With all nine Justices of the Supreme Court unanimously rejecting the pig industry's primary argument, Prop 12 will remain in effect, making it illegal for these animals to be confined in "a cruel manner," and prohibiting the in-state sale of products from animals raised in such a manner. For the animals at the center of this case, the Supreme Court's ruling to keep Prop 12 in place is nothing short of life-changing.

Iowa Pork Producers Association v. Bonta

In 2021, Iowa Pork Producers Association (IPPA) brought a suit similar to NPPC and NAMI. The case was initially filed in an Iowa state court. After the case was transferred to a federal court in Iowa, the case was dismissed and refiled in California. The US District Court for the Central District of California dismissed the case, but the IPPA appealed the case to the Ninth Circuit Court of Appeals. This case is currently pending while the court awaits a decision from the Supreme Court in NPPC v. Ross.

What you can do

Since laws like Prop 2, AB 1437, and Prop 12 have taken effect, the landscape for animals has changed dramatically. A decade ago, nearly all egg-laying hens in the US lived in overcrowded cages. Today, roughly 30% of eggs produced in the US come from cage-free hens. Consumers are demanding change—and passing vital laws with indisputable majorities. Now, a number of states have outlawed the caging of hens, including: Utah, Colorado, Michigan, Washington, Oregon, California, Massachusetts, Rhode Island, Nevada, Arizona, and New Jersey.

These cage-free laws have also extended to pigs and cows. Sows now have protection from gestation crates in Arizona, California, Colorado, Florida, Maine, Massachusetts, Michigan, New Jersey, Ohio, Oregon, and Rhode Island. Calves are protected from veal crates in Colorado, Michigan, Massachusetts, Rhode Island, Arizona, Ohio, Maine, and Kentucky.

In the private sector, over 400 corporations in the US have committed to eliminating the cruelest forms of confinement for egg-laying hens from their supply chains. Altogether, these commitments mean millions of animals stand to be spared from some of the most abusive forms of confinement on factory farms.

Changemakers like you are the driving force behind these protections for animals. With your help, we can urge more states to pass compassionate legislation, call on more companies to eliminate cages, and hold these corporations accountable for their cage-free commitments. Join us in ending cages—and bringing us closer to a world where no animal is abused.