Recently, Stephen Vaden, USDA Deputy Secretary, condemned California Proposition #12 as “internal protectionism” and committed to oppose the law established by public ballot.  Proposition #12 and Massachusetts Question 3 effectively covering New England states, places restrictions on confinement of poultry and livestock and the sale of products from non-approved facilities.  At issue is the use of gestation crates for sows, albeit declining in the proportion of production.  This is not a table-egg issue since the industry has successfully transitioned to alternatives to conventional cage housing to supply U.S. demand and specifically for California and states with restrictions on confinement.

The National Pork Producers Council challenged Proposition #12 in a series of actions that terminated in SCOTUS letting stand lower-court support for the legislation. Pork producers through their associations have lobbied strongly for a national housing standard including proposed H.R.4673 (Save Our Bacon law) without success.

It is ironic that pork producers opposed and managed to scuttle the proposed “Egg Bill” that would have established a national standard since they were concerned over a potential “slippery slope” of a federal standard extending from hens to sows.  Notwithstanding this disappointment, the egg industry collectively invested in transition to alternative systems including aviaries in addition to contractor and corporate-owned and operated barn-housing to produce cage-free eggs.  Over the past three years, the proportion of cage-free hens in the national flock appears to be reaching a plateau at approximately 47 percent of producing hens. Recent data confirms a markedly lower upward trajectory in conversion. A rapid increase from approximately 20 million hens in 2008 to 140 million at the beginning of 2026 occurred with a concurrent decline in caged flocks to 160 million.

Continued opposition to Proposition #12 with respect to restrictions on sows may be moot.  Retailers and consumer groups are discriminating against pork products derived from piglets farrowed by sows held in gestation crates on a national basis.  Accordingly, many of the large pork producers have converted to group housing for sows. With experience they have overcome management problems albeit requiring investment in new or expanded facilities. This is in common with progressive egg producers responding to market realities.  The figurative group housing of sows train left the station over a decade ago and will not return. Producers who retain gestation crates will be forced to sell at a discount or their packers will rely on the export market.