2008 California Proposition 2

Proposition 2, the proposed Standards for Confining Farm Animals initiative statute, is a California ballot proposition in that state's general election on November 4, 2008. The proposition would add a chapter to Division 20 of the California Health and Safety Code to prohibit the confinement of certain farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs. The measure would deal with three types of confinement: veal crates, battery cages, and sow gestation crates.

If approved by the voters, the statute would become operative on January 1, 2015. Farming operations would have until that date to implement the new space requirements for their animals, and the measure would prevent animals in California from being confined in these ways in the future.

The California Secretary of State's summary from the Official Voter Information Guide of Proposition 2 is as follows:

• Requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely.
• Exceptions made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes.
• Provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

• Potential unknown decrease in state and local tax revenues from farm businesses, possibly in the range of several million dollars annually.
• Potential minor local and state enforcement and prosecution costs, partly offset by increased fine revenue.

Similar laws enacted in The United States and Europe

• On November 5, 2002, Florida voters passed Amendment 10, an amendment to the Florida Constitution banning the confinement of pregnant pigs in gestation crates. The Amendment passed by a margin of 55% for and 45% against.

• On November 7, 2006, Arizona voters passed Proposition 204 with 62% support. The measure prohibits the confinement of calves in veal crates and breeding sows in gestation crates.

• On June 28, 2007, Oregon's governor Ted Kulongoski signed a measure into law prohibiting the confinement of pigs in gestation crates (SB 694, 74th Leg. Assembly, Regular Session).

• On May 14, 2008, Colorado Governor Bill Ritter signed into law a bill, SB 201, that phases out gestation crates and veal crates.

• Germany, Switzerland, Sweden, and Austria have all banned battery cages for egg-laying hens. The entire European Union is phasing out battery cages by 2012.

Similar legislation attempted in California and other states

The Humane Society and other animal protection advocates have been working with the California legislature over the last twenty years to achieve the passage of laws to prohibit cruel treatment of farm animals. They say that the bills for animal protection that they supported have been repeatedly killed in committees where agribusiness has great power.

• On January 14, 2004, the bill AB-732 died in the California Assembly's Agriculture Committee. The primary author of AB-732 was Loni Hancock of the 14th District. The bill would have banned gestation and veal crates, eventually being amended to include only veal crates.

• On May 9, 2007, the bill AB-594 was withdrawn from the California State Assembly. The bill had been effectively killed in the Assembly Agriculture Committee, by the maneuver of gutting the contents of the bill and replacing them with language concerning tobacco cessation coverage under Medi-Cal. The primary author of AB-594 was Mervyn Dymally of the 52nd District. AB-594 was very similar to the current language of Proposition 2.

• In January 2008, Nebraska State Senator DiAnna Schimek submitted bill LB 1148 to ban the use of gestation crates for pig farmers. It was withdrawn within 5 days amidst controversy, and a kill motion was filed by State Senator Phil Erdman.

Health and food safety

Animals under stress, including the stress of intensive confinement, have compromised immune systems, and thus higher levels of pathogens such as Salmonella in their intestines.

According to the Centers for Disease Control and Prevention, "Stringent procedures for cleaning and inspecting eggs were implemented in the 1970s and have made salmonellosis caused by external fecal contamination of egg shells extremely rare. However, unlike eggborne salmonellosis of past decades, the current epidemic is due to intact and disinfected grade A eggs. The reason for this is that Salmonella enteritidis silently infects the ovaries of healthy appearing hens and contaminates the eggs before the shells are formed." Supporters of Proposition 2 claim that giving egg-hens more space can prevent this type of outbreak.

Contrarily, previous research suggests that eggs from modern housing systems have superior structural integrity in their shells, allowing for greater resistance to penetration by the Salmonella Enteritidis pathogen and decreasing the risk of egg contamination. On the other hand, the infection of free-range hens in the California study was caused via the “fecal-oral route through contamination of the feed through feces” from rodents that had easy access to these hens. In addition to being more vulnerable to exposure from rodents, free-range hens did not have the same level of manure management as those hens kept in modern housing systems. This is because the hens housed indoors had a manure belt that ran under their enclosures and transported the feces to collection receptacles, common to modern housing systems in California. On the other hand, according to a report by the Rural Industries Research & Development Corporation, the total number of bacteria on free-range eggs is 15 times greater than that found on eggs from modern housing systems. The Rural Industries report also postulates that the very construction of the indoor housing systems precludes the possibility of poultry and rodents existing closely, thereby potentially decreasing the possibility of cross-infection.

Supporters of Proposition 2 say that increased density of birds in battery cages leads to increased incidences of Salmonella in eggs. They also say that housing battery cages are very difficult to keep clean and are often are infested by large numbers of flies and rats.

However, opponents of Prop 2 say that modern housing effectively separates "feces and other fluids" from eggs, and that Prop 2 would "effectively ban modern housing". The opponents go on to say that "there has not been a reported case of salmonella linked to California eggs in nearly a decade" - but noteing that people get salmonella from eggs that are produced outside of california every year [3]. Their claim about salmonella cases linked to California eggs is supported by the U.S. Centers for Disease Control and Prevention.

An article entitled "The pros and cons of cages" published in the World's Poultry Science Journal in 2001 concludes that cages result in increased hygiene and lower incidence of disease related to feces, but can result in higher rates of metabolic disorders. [4]

A recent undercover investigation of a Southern California egg ranch, completed in August and September 2008, discovered badly decomposed chicken carcasses in the same cages with hens which were still laying eggs for human consumption. . Proponents of Prop 2 imply that close confinement is a major factor in these bird's deaths. However, it should be noted that the organization Norco Ranch was in violation of many California laws already in place.

A 2004 study of California egg farms in the journal Avian Diseases finds comparatively low Salmonella prevalence in indoor housing systems, commonly used in California, as compared to cage-free and free-range housing systems. The researchers state that this low Salmonella prevalence in California egg farms reflects the “distinct geographic, climatic, production and management characteristics” of the state’s egg farms. 98 percent of egg farms adhere to the California Egg Quality Assurance Plan, which is a pathogen reduction program for Salmonella in California. The study states, “The highest prevalence [was] in the free-range birds kept on the dirt floors.” The California study notes that “feral cats, rodents, skunks, opossums, wild birds, and other wildlife” were seen near the free-range hens’ feeding areas, and that rodents “were considered to be the biological vectors and amplifiers” of salmonella on the egg farm in the study. A 2003 study from the Journal of Applied Microbiology and a study published in the journal Applied and Environmental Microbiology support the conclusion that wild animals are a significant and dangerous vector for salmonella.

Supporters of Prop 2 note that furnished cages for egg-laying hens have already been developed in Europe, which allow birds to move freely and display natural behaviors. The waste material in these systems is far less concentrated than with battery cages, and the animals are healthier and calmer with a stronger natural immunity to disease.

Opponents of Prop 2 note that a process called “traceback” is conducted by the Food and Drug Administration (FDA) and helps to maintain a safe food supply. The FDA’s guidance to its staff for conducting tracebacks has sections entitled “Farm Investigations” and “Egg Processor/Packer Investigations,” which contain detailed protocols explaining who goes on the farm, how the investigation is carried out, biosecurity procedures and other important steps to ensure that should an outbreak from eggs occur, the traceback would successfully reveal the original source. These opponents to Prop 2 say that California already has adquite and exemplary disease control techniques.

Assertions by proponents

Its supporters say it is a modest measure that ends the cruel and inhumane confinement of specified animals on factory farms, requiring their living spaces to be big enough for them to turn around, lie down, and fully extend their legs and/or wings. The initiative does not require that they be kept outside of cages or live outdoors.

Prevention of cruelty to animals

The American Veterinary Medical Association agrees that the best housing environments for farm animals must take into consideration freedom of movement and expression of normal behaviors. The Animal Welfare Act, while extensive, applies only to the transportation and sale of animals used for research, pets, or exhibition. There are currently no federal laws which require humane living conditions for farm animals.

In fact, the banning of battery cages in Europe has already led to the creation of innovative housing systems for egg-laying hens in those countries. These are known as "furnished" or "enriched" cages, because they include perches and nests for the birds, in addition to wire flooring. Studies have been underway in the E.U. for many years to investigate the various benefits of different housing systems for egg-laying hens, and so far they have shown that animals kept in enriched cages are under far less stress than those kept in battery cages. This is because they able to move around freely, perch, dust-bathe, and lay their eggs in nests. They also show far less aggression towards each other, since they can simply move away from each other when conflicts arise. A European Commission Report done in 2008 has confirmed the benefits of banning battery cages for egg-laying hens. A Canadian study completed in 2008 concluded that conventional battery cages could easily be converted into furnished colony cage systems, and confirmed the expected improvements in animal welfare.

A recent undercover investigation of a Southern California egg ranch, completed in August and September 2008, revealed the inhumane living conditions suffered by hens in battery cages.

Family farmers

California family farmers support Prop 2 because they know that farming practices which promote better animal welfare enhance food quality and safety. Increasingly, smaller farms which raise animals under more natural and humane methods are supplying major retailers like Burger King, and Wolfgang Puck, under pressure from consumers concerned about the taste and nutritional value of their food.

Supporters of proposition 2 asy that smaller, local, family farms will have an increased competitive edge over larger factory farms. They say that the agribusiness industry is maximizes their own profits by compromising on animal welfare and human health.

Out-of-state industrialized egg farms have spent millions of their own dollars to oppose the initiative. A federal judge has barred the Egg Board from using money allocated to it by the USDA until after the 2008 November election. This rulingn came after a lawsuit by supporters of proposition 2 claiming the USDA improperly set aside $3 million in federal funds into the Egg Board's campaign. United Egg Producers, the organization leading the fight against Prop 2, is currently under a criminal investigation by the United States Justice Department for price-fixing and intentionally driving up the cost of eggs.

Air, water and the environment

The American Public Health Association has called for a moratorium on new factory farms because of the devastating effects that these operations can have on surrounding communities.

Industrialized farming operations spread untreated waste on the ground and toxic ammonia emissions in the air, contaminating waterways, lakes, groundwater, soil, and atmosphere. Often, land surrounding highly concentrated animal-farming operations becomes contaminated to the point that it is no longer suitable for human use, and property values in these communities drop drastically. There is an increased need for the use of drugs such as antibiotics in the diseased and/or stressed animals living on factory farms, and these drugs end up contaminating food and water supplies.

Studies have found that neighbors of industrialized animal farms report more frequent occurrences of headaches, excessive coughing, diarrhea, and burning eyes as well as respiratory problems, weakness, and nausea. Also, recent studies have found that children who attend schools near factory farms suffer increased incidences of asthma.

The United Nations and the Environmental Protection Agency have identified factory farms as major sources of greenhouse gases.

Extremity

Prop 2 provides until 2015 for factory farms to comply with Proposition 2.

Smithfield Foods, the largest U.S. pig producer, is phasing out gestation crates , and the American Veal Association voted to urge the entire veal industry to phase out veal crates. Colorado-based chain Chipotle already refuses to buy any pork from producers that use gestation crates. Chains such as Safeway, Burger King, Carl’s Jr. and Hardees have also implemented policies to reduce their reliance on gestation crate pork. Burger King, Denny's, Carl's Jr. and Hardee's are beginning to move away from cage eggs. Wolfgang Puck has ended his use of cage eggs. Restaurant chains Burgerville and Finagle A Bagel have instituted cage-free egg policies, while Bruegger's is exclusively using cage-free eggs in its Wisconsin, Vermont, and Western Massachusetts bagel cafes. Ben & Jerry's is phasing out its use of cage eggs as well. Even companies such as AOL and Google exclusively use cage-free eggs in their employee cafeterias. Chicago's Swedish Covenant Hospital will only serve cage-free eggs to its patients, due to the health benefits that they provide. Omni Hotels will not serve battery cage eggs to its hotel guests in their 40 locations.

A study done by Don Bell of University of California, Riverside estimated that eliminating battery cages for egg-laying hens will result in increased production costs of less than one cent per egg, and a recent economic study co-authored by former California finance director Tim Gage predicted, "Under Prop 2, consumers purchasing conventional eggs will likely see no change in price; consumers preferring California grown eggs could see around a penny per egg increase in cost; while those preferring cage-free eggs will see a drop in cost with a new California provider."

Assertions by opponents

Opponents claim that Proposition 2 is a risky, dangerous and costly measure banning almost all modern egg production in California. Proposition 2 jeopardizes food safety and public health, wipes out Californians’ access to locally grown, fresh eggs, and harms consumers by driving up prices at grocery stores and restaurants and creates a dependency on eggs shipped from other states and Mexico.

Animal welfare

Opponents of Proposition 2 claim that California's current regulations ensure sanitary and healthy conditions for egg-laying hens in the care of law-abiding organizations.

Scientific consensus largely maintains that an egg industry where the infrastructure and procedures are highly ordered, well maintained, sanitary and informed by sound evidence is most beneficial to humans and hens alike. These guidelines ensure that California’s egg industry maintain the highest standards of food safety. California egg farmers have developed egg production methods to ensure that fundamental components of sound animal care are provided to egg-laying hens: optimal feed, light, air, water, space and sanitation for egg-laying hens.

Approximately 95 percent of California’s egg farmers are part of the UEP certification program, in which farmers must place top priority on health, safety, and comfort of their hens and submit to independent United States Department of Agriculture (USDA) audits.

The economic effects of Proposition 2

According to a May 2008 study by Promar International and commissioned by opponents to Prop. 2, 95% of the California egg industry and accompanying economic output would be lost by 2015. The total economic output of the industry is $648 million and 3,561 jobs. The study also stated that egg production costs would increase by 76%.

Additionally, in July 2008 the University of California, Davis conducted a study through their University of California Agricultural Issues Center (AIC). The study concluded that "the best evidence from a variety of sources suggests that (non-organic) non-cage systems incur costs of production that are at least 20 percent higher than the common cage housing systems". This is due to higher feed costs, higher hen laying mortality, higher direct housing costs, and higher labor costs. The study also estimated that almost the entire California egg industry would relocate to other states during the 5-year adjustment period. The study does not analyze implications for animal welfare. By demonstrating that most egg producers would leave the state, the report estimates that the initiative would not affect how eggs are produced, only where eggs are produced.

Supporters of Prop 2

Key endorsements as of October 27, 2008

• The Humane Society of the United States, Sierra Club‐California, California Veterinary Medical Association, California Democratic Party, Green Party of California, Peace and Freedom Party, Center for Food Safety, Consumer Federation of America, the ASPCA, United Farm Workers, Family Farm Defenders, Union of Concerned Scientists, and the California Council of Churches.

• California veterinary professionals -- The California Veterinary Medical Association, more than 700 California veterinarians, more than 150 California veterinary medical students, the Humane Society Veterinary Medical Association, the San Diego County Veterinary Medical Association, and more than 90 veterinary hospitals and clinics

• California farmers -- More than 100 California farmers, including Bill Niman, Prather Ranch, Dobson Dairy Ranch, Eatwell Farms, Flores Ranch, Lunny Ranch, and US Farms, Inc.

• Animal protection charities -- More than 100 organizations, including more than a dozen California humane societies and SPCAs in Los Angeles, San Francisco, Sacramento and beyond; the State Humane Association of California; and leading national organizations like Farm Sanctuary, the National Federation of Humane Societies, Best Friends Animal Society, and Animals and Society Institute.

• Healthcare Professionals - The Physicians Committee for Responsible Medicine, author John McDougall, MD, and nearly 60 California medical professionals, including general practitioners, cardiologists, pediatricians, chiropractors, dentists, optometrists, registered nurses and more.

• Elected officials and local governments -- The city councils of Los Angeles, San Francisco, Davis, Santa Monica, Santa Cruz, West Hollywood, and Berkeley; US Senators Barbara Boxer and Dianne Feinstein; State Superintendent of Public Instruction Jack O'Connell; US Representatives John Campbell (Orange County), Elton Gallegly (Santa Barbara), Barbara Lee (East Bay), Brad Sherman (San Fernando Valley), and Maxine Waters (Los Angeles); Mayors Gavin Newsom (San Francisco), Marty Blum (Santa Barbara), and Craig Litwin (Sebastapol); state Senators Dean Florez (Bakersfield/Fresno), Sheila Kuehl (Los Angeles), Christine Kehoe (San Diego) and Carole Migden (San Francisco); Assembly Speaker pro Tem Sally Lieber (Mountain View); and Assembly members Mike Davis (Los Angeles), Merv Dymally (Los Angeles), Loni Hancock (Albany), Paul Krekorian (Glendale), Mark Leno (San Francisco), Lloyd Levine (Van Nuys), and Jose Solorio (Anaheim); and former Mayor Richard Riordan (Los Angeles) and former US Representative John Burton (San Francisco)

• Celebrities & public figures -- Nearly 70 well‐known experts, actors, actresses, chefs, and others. Robert F. Kennedy, Jr., Dr. Jane Goodall, Matthew Scully, Eric Schlosser. Ed Begley, Jr., Bill McKibben, Tobey Maguire, Ellen DeGeneres, Daryl Hannah, Alicia Silverstone, and Ed Asner. Authors Michael Chabon, Emily Deschanel, Jared Leto, J.M. Coetzee, Jonathan Safran Foer, Jonathan Franzen, Nicole Krauss, Michael Pollan, Alice Sebold, and Alice Walker.

• Leading nonprofit and advocacy organizations -- More than 45 organizations across the country that are working to address the public health, environmental, social justice and animal welfare impacts of factory farming, including the Pew Commission on Industrial Farm Animal Production, Center for Science in the Public Interest, Compassion in World Farming, United Farm Workers, the Cesar Chavez Foundation, Defenders of Wildlife, Greenpeace USA, the Organic Consumers Association, National Black Farmers Association, Institute for Agriculture and Trade Policy, Farm Forward.

• Religious organizations and leaders National and state leaders from across the religious spectrum, including: California Council of Churches IMPACT, the National Catholic Rural Life Conference, The Right Reverend Marc Handley Andrus, Bishop of the Episcopal Diocese of California, Bishop Beverly J. Shamana, California Nevada Conference, United Methodist Church, Bishop Mary Ann Swenson, California‐Pacific Conference, United Methodist Church, The Right Reverend James R. Mathes, Bishop of the Episcopal Diocese of San Diego, Dr. Richard Mouw, President of Fuller Seminary, and nearly 80 leaders of individual California congregations

• California businesses and business owners - Nearly 300 California businesses from all walks of commerce, including restaurants, artists, pet‐related stores and services, real estate brokers, grocery stores, health care professionals, construction, and more

• Journalists - The New York Times, San Jose Mercury News, The San Diego Union-Tribune, Los Angeles Daily News, La Opinion, Santa Barbara News-Press, Metroactive, Sacramento News & Review, Oakland Tribune, Alameda Times-Star, Santa Cruz Sentinel, Marin Independent Journal, Palo Alto Weekly, San Jose Inside, The Almanac, Mountain View Voice, San Mateo County Times, Fremont Argus, Tri-Valley Herald, Hayward Daily Review, Whittier Daily News, Contra Costa Times, Alameda Journal, Berkeley Voice, The Montclarion, The Piedmonter, San Joaquin Herald, San Ramon Valley Times, Pasadena Star-News, San Gabriel Valley Tribune, Columnist Gary Bogue, Columnist Tom Hennessey, Columnist Nicholas Kristof, and Syndicated pet-care columnist Gina Spadafori.

• See complete list of endorsements at http://www.yesonprop2.com/index.php?option=com_content&view=article&id=52&Itemid=85

Opponents of Prop 2

Californians for SAFE Food is a coalition of companies and associations. Key endorsements as of October 16, 2008 are:

Food Safety & Public Health Experts & Veterinarians (*Titles and affiliations are used for identification purposes only): Alex Ardans, DVM, MS, Former Director University of California Animal Health & Food Safety Laboratory System , Art Bickford, 'DVM Former Associate Director, Turlock, University of California Animal Health & Food Safety Laboratory System, Patricia Blanchard, DVM, Branch Chief, Tulare, University of California Animal Health & Food Safety Laboratory System, Bruce R. Charlton, DVM, PhD, Branch Chief, Turlock, University of California Animal Health & Food Safety Laboratory System, Roy Curtiss III, PhD, Director, Center for Infectious Diseases & Vaccinology, Arizona State University, and Craig Reed, DVM, Former Deputy Administrator, Food Safety & Inspection Service, United States Department of Agriculture among many other experts.

Labor Unions: California Conference Board of the Amalgamated Transit Union, California Teamsters Public Affairs Council, General Teamsters Local Union 386, UNITE HERE, and United Food and Commercial Workers Western States Council.

Newspapers: San Francisco Chronicle, The Los Angeles Times, The Sacramento Bee, The Bakersfield Californian, Orange County Register, The Fresno Bee, The Modesto Bee, Antelope Valley Press, The Press Democrat, Napa Valley Register, Chico Enterprise-Record, Eureka Reporter, Visalia Times-Delta, Long Beach Press-Telegram, Colusa County Sun-Herald, Hollister Free Lance, Redding Record Searchlight, and The Milpitas Post.

Veterinary & Avian/Poultry Organizations: American Association of Avian Pathologists, American College of Poultry Veterinarians, Association of California Veterinarians, Association of Veterinarians in Egg Production, Association of Veterinarians in Turkey Production, California Chapter of American Registry of Professional Animal Scientists, California Food Animal Veterinary Medical Association, California Poultry Federation, Pacific Egg and Poultry Association, and Poultry Science Association.

Latino Organizations: California Hispanic Chambers of Commerce, Latino Voters League, Mexican American Political Association, and National Latino Congreso.

African American Organizations & Opinion Leaders: Pastor Amos Brown, Third Baptist Church, The Black American Political Association of California, The California Black Chamber of Commerce, California State Conference of the NAACP, Greater Sacramento Urban League, Los Angeles African American Women’s Political Action Committee, Minority Health Institute, Inc., Oakland NAACP Branch, Sacramento NAACP Branch, Southern Christian Leadership Conference of Greater Los Angeles, Stockton NAACP Branch, Western Regional Council on Educating Black Children, and Youth and College Division of the NAACP.

View a larger list of opponents of at http://www.safecaliforniafood.org/node/20

Another opponent is animal rights philosopher and law professor, Gary Francione.

Field Poll Results

According to a Field Poll released on 7/22/2008, after hearing a description of Prop 2, 63% of likely California voters polled said they would vote "yes", 24% said "no", and 13% were undecided.

Prop 2 opponents have disparaged that poll by noting that few respondents (16 per cent) had been aware of the issue. They also claimed that polling was skewed by the measure's original title, The California Prevention of Farm Animal Cruelty Act, which was later changed by the attorney general's office to Standards for Confining Farm Animals.

However, results of a more recent poll were quite similar to the first. A 9/25/2008 SurveyUSA poll of likely California voters who have either decided or are leaning towards voting a certain way on Prop 2 gave the following results: "72% Yes, 10% No, 17% still not certain. Support for the proposition is strong among all demographic groups and in all regions of the state."

Vote totals

Proposition 2
Yes or no	Votes	Percentage
Yes
No
Invalid or blank votes
Totals		100.00%
Voter turnout

External links

• Text of Proposition 2 (scroll down to the 3rd page)
• Yes on Prop 2 - Californians for Humane Farms – pro-proposition website
• Californians for SAFE Food – anti-proposition website
• The Public Health Benefits of Proposition 2: An Evidence-Based Analysis (executive summary) - a pro-proposition argument
• The Truth About Proposition 2: Putting Our Food Safety & Public Health At Risk - an anti-proposition argument
• Bird Flu: A Virus of Our Own Hatching - health implications of factory farming
• Feedstuffs Magazine - link to legal analysis at Foodstuffs magazine

From the Official Voter Information Guide for the November 4, 2008, California General Election (final version):

• Title and Summary
• Legislative Analysis
• Arguments and Rebuttals

More links:

• California Proposition 2 (2008) - Ballotpedia
• Animal rights ballot initiatives - Ballotpedia