California releases Proposition 12 regulations

June 3, 2021

The California Department of Food and Agriculture (CFDA) has released the much-anticipated proposed regulations associated with Proposition 12, the Farm Animal Confinement Initiative. Self-titled as the Prevention of Cruelty to Farm Animals Act, it mandates farm animal confinement standards for egg-laying hens, veal calves and breeding pigs and rules for the sale of shell eggs, liquid eggs, whole veal meat, and whole pork meat derived from these covered animals.

In this rulemaking, the Department proposes to adopt new Chapter 10 (commencing with section 1320) of Division 2 of Title 3 of the California Code of Regulations (CCR) to implement Health and Safety Code sections 25990 through 25994, Farm Animal Cruelty.

The proposed regulations establish a regulatory framework of registration, certification, conveyance inspection, and labeling and marking requirements for the sale of shell eggs, liquid eggs, whole veal meat, and whole pork meat in California.

A 45-day public comment period for proposed regulations to implement 2018's Proposition 12 began May 28 and ends on July 12. Staff and consultants will begin formulating draft comments to share with UEP and UEA Further Processor members to ensure the industry’s concerns and questions are brought to CDFA.

In the draft regulations, the agency has provided additional clarity related to the exemption of the sales occurring on the premises of an official plant under FSIS inspection. CDFA also reiterates that the exemption applies only to the specific transaction and not to the covered product itself, and therefore does not apply to all subsequent sales of the shell eggs or liquid eggs. The definition of shell eggs also includes hardboiled eggs, liquid eggs, cooked patties, pucks, or other cooked forms. The agency also incorporated definitions from the code of Federal Regulations for traditional egg products as being included. Click here for more information regarding the proposed regulation.