Can California regulate egg production under the Commerce Clause?

New standard for chickens

New standard for chickens

Seth Victor

Missouri Attorney General Chris Koster has filed a lawsuit in the Eastern District Court of California, asking the federal court to overturn a 2010 California law requiring the same standards for in-state chickens be applied to out-of-state chickens. In 2008, California passed Proposition 2, a ballot measure that increased the standards for egg-layers, providing that such chickens must have enough space to spread their wings without touching another chicken, and be able to stand up and lay down. Animal producers in California, however, complained that because they couldn’t stuff as many birds into the same space, they are at an economic disadvantage when competing with out-of-state producers selling in California. In response the state legislature passed a law requiring that all eggs sold in California be held to the same standards required under Proposition 2. The law will take effect in 2015. While California maintains that the additional law was enacted for health safety given the atrocious conditions of battery cages, Missouri counters that the law is an unlawful attempt to regulate conduct outside of California’s boarders, and an impermissible protection against out-of-state competition, both of which are in violation of the Commerce Clause. Continue reading

Post Prop 2 — The Struggle Continues

826eggIn case you were wondering whether the passage of Proposition 2 would make factory farmers go quietly into that good night… Welcome to the brave new world of “colony cages.”

–David Cassuto

The Continuing Impact of Proposition 2

In the wake of Prop 2, lawmakers in California have apparently been bitten by the animal protection bug.  Legislation is working its way through both chambers that would ban tail-docking of dairy cows, ban importation of eggs from out-of-state facilities that use unacceptable battery cages, abolish large-scale puppy mills, and increase the penalties for poaching wildlife.   There are also initiatives afoot in Maine and Ohio to ban veal and gestation crates and we may soon see a similar initiative in New York.  Full story here.

–David Cassuto

Kristof on Animal Rights

Yesterday’s New York Times featured an Op-Ed column by Nicholas Kristof on animal rights. The piece is titled “Humanity Even For Nonhumans”. Here’s an excerpt from the column:

“In recent years, the issue [of animal rights] has entered the mainstream, but even for those who accept that we should try to reduce the suffering of animals, the question remains where to draw lines. I eagerly pushed Mr. [Peter] Singer to find his boundaries. “Do you have any compunctions about swatting a cockroach?” I asked him.

“Not much,” he replied, citing reasons to doubt that insects are capable of much suffering. Mr. Singer is somewhat unsure about shellfish, although he mostly gives them the benefit of the doubt and tends to avoid eating them.

Free-range eggs don’t seem offensive to him, but there is the awkwardness that even wholesome egg-laying operations depend on the slaughtering of males, since a male chick is executed for every female allowed to survive and lay eggs.

I asked Mr. Singer how he would weigh human lives against animal lives, and he said that he wouldn’t favor executing a human to save any number of animals. But he added that he would be troubled by the idea of keeping one human alive by torturing 10,000 hogs to death.

These are vexing questions, and different people will answer them differently. For my part, I eat meat, but I would prefer that this practice not inflict gratuitous suffering.

Yet however we may answer these questions, there is one profound difference from past centuries: animal rights are now firmly on the mainstream ethical agenda.”

You can read the rest of the column  here.

– Luis Chiesa

Prop 2 and a Divided California

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Today’s New York Times includes this article about a renewal of interest in a division of California into two states – coastal counties in one and inland counties in another. According to the Times article, this latest iteration of the state subdivision movement arises out of farmers’ angry responses to Proposition 2, a state ballot initiative passed by California voters in 2008.  Here’s how the Times describes Prop 2 (here):

Proposition 2 . . . banned tight confinement of egg-laying hens, veal calves and sows.  While many food activists and politicians in the state hailed the vote as proof of consumers’ increasing interest in where their food comes from, the proposition’s passage has angry farmers and their allies wanting to put the issue of succession to a vote, perhaps as soon as 2012.

The farmers interviewed for the article represent just some “farmers’ perspectives.” In pitting “farmers” against “food activists and politicians,” the story leaves out growers interested in organic farming and locally grown products.  There are farmers who want to reduce animal suffering.  The National Black Farmers Association, Institute for Agriculture and Trade Policy, Family Farm Defenders, and Farm Forward all supported Prop 2.  The Times story got sensationalists quotes (one farmer describes supporters of Prop 2 as “think[ing] fish are more important than people, that pigs are treated mean and chickens should run loose”), but the Times didn’t tell the whole story.  That’s because quotes from people who think that “chickens should run loose” don’t play into the historic (and romantic) American archetypes of the pioneer-farmer.

— Bridget Crawford

Prop 2 Fallout

Interesting post here about the false dichotomy bandied about in the wake of Prop 8 and Prop 2 in California.  As Ari Solomon explains, Prop 2’s passage does not indicate a preference among Californians for animals over people.  The two measures and the situations of the beings involved are incomparable and the respective civil rights struggles they represent are the worse for any attempts to equate them.

David Cassuto

Egg Production in a Post Proposition 2 World

Will the passage of California’s Proposition 2 lead to an increase or decrease in egg production? The answer is not obvious. Some animal advocates contend that egg consumption will increase because the public will feel better about the way that egg-laying hens are treated in the post Prop 2 world. If this turns out to be the case, Proposition 2 will not meaningfully reduce animal suffering.  On the other hand, the spokesman for the California Farm Bureau Federation (CFBF) recently stated that “[t]he impact of Prop. 2 is pretty obvious…[w]ithin a few years, it will be impossible to find California eggs in stores.” If the CFBF is right, Proposition 2 will not only improve the conditions of confinement of egg-laying hens but also significantly reduce the amount of hens raised for egg production.  For the reasons that I fleshed out in my reply to Francione, I’m inclined to believe that egg consumption will not change significantly as a result of the passage of Proposition 2.  Who’s right? Only time will tell.

Luis Chiesa