CDFA Prop 12 regulations

December 9, 2021

The California Department of Agriculture (CDFA) has issued updated proposed regulations associated with Proposition 12, which require minimum confinement standards for egg-laying hens, along with pork and veal.

CDFA previously issued a proposed rule in June that defined the scope of shell eggs and liquid egg products and sales along with recordkeeping and registration requirements. UEA Further Processors provided comprehensive comments on the proposal, seeking clarity on a number of key issues. The updated proposed regulations make additional changes to the original proposal. UEP staff and consultants continue to study the changes and will draft comments with UEA Further Processors to reflect industry concerns. The proposed rule has a comment period of 15 days ending on December 17.

In the latest proposed rule, the department has addressed shipping document labeling. Shell eggs and liquid eggs must be accompanied with documents that claim “Egg CA Prop 12 Compliant.”  The requirement to label all shell egg cartons with Proposition 12 language has been removed. Exemptions have been added for products sold to a federal agency, and there are also minor changes in the donation of non-compliant eggs.

The latest proposed regulation adds a definition of “takes physical possession,” which is when the shell egg or liquid eggs are delivered to the buyer in California. This is regardless of whether the title transfer takes place outside the state, whether the seller and buyer have provided otherwise by contract, or whether an agent of the buyer accepts the shell eggs or liquid eggs outside of the state for transportation into California.