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California Provides Formal Notice of Rulemaking Relating to Proposition #12


In terms of rulemaking arising from the adoption of Proposition #12, Farm Animal Confinement, the California Department of Food and Agriculture is preparing regulations in accordance with Chapter 10 of the California Code of Regulations. And specifically the Health and Safety Code, Sections 25990 through 25994, relating to farm animal confinement standards.


The public written comment period ran from May 28th to July 12th, 2021.  The department then conducted a remote public hearing for the regulatory proposal on Friday, August 27th. 



Details relating to the proposed regulations relating to Proposition #12 are available on the department website  The website includes the proposed regulatory text, the standardized Regulatory Impact Assessment. Transcripts of the public hearing of August 27th 202, will be posted in due course.


Proposition #12 relates to welfare; however, the legal justification is based on egg safety and quality management, effectively a legal manipulation to overcome a prohibition on interstate commerce.  Table-egg flocks irrespective of whether housed in conventional cages, enriched colony cages or alternative non-confined systems should not represent any danger of producing eggs contaminated with Salmonella Enteritidis. This contention is however subject to compliance with the FDA Final Rule on the prevention of Salmonella or even more strict EQAPs or the standard operating procedures of a specific nationally distributed brand.