Proposition 12 - Farm Animal Confinement

This management bulletin clarifies the final rule of the Farm Animal Confinement Initiative as it relates to U.S. Department of Agriculture (USDA) Foods and commercial purchases made by Food Distribution Program (FDP) recipient agencies (RA) and Child Nutrition Program (CNP) Operators.

Background

Effective September 1, 2022, the California Department of Food and Agriculture (CDFA), Animal Health and Food Safety Services, adopted Title 3, California Code of Regulations (3 CCR), sections 1320-1326, which are related to Proposition 12 (2018), the Farm Animal Confinement Initiative.

California regulations require veal calves, breeding pigs, and egg-laying hens to be housed in systems that comply with specific standards for freedom of movement, cage-free design, and specified minimum floor space. These regulations also prohibit a farm owner or operator from knowingly confining these specific animals in a cruel manner, as well as prohibits a business owner or operator from knowingly engaging in the sale of shell eggs, liquid eggs, whole pork meat or whole veal meat from animals housed in a cruel manner.

USDA Foods

Sections 1320(e)(4) [Note: The preceding reference is no longer correct. Information can be found in Section 1320(e)(2)], 1321(f)(4) [Note: The preceding reference is no longer correct. Information can be found in Section 1321(f)(2)], and 1322(f)(4) [Note: The preceding reference is no longer correct. Information can be found in Section 1322(f)(2)] of 3 CCR declare that federal purchases, including all USDA Foods are exempt from the limitations established by the Farm Animal Confinement Initiative. Therefore, there are no restrictions to egg or pork USDA Foods items when ordered through the FDP.

Commercial Procurement

When federal and state meal reimbursement funds are used, whether directly by a school food authority or on their behalf, CNP Operators must ensure all procurement transactions for food purchases are compliant with Proposition 12, this includes verifying compliance when monitoring contracts. Implementation should be achieved by including Proposition 12 in the following:

• Procurement procedures
• State agency prototypes documents
• Procurement solicitations
• Bid specifications
  
  

Egg-laying Hen Confinement Language and Definitions

Section 1320.1(a) of 3 CCR states that no person shall knowingly engage in a commercial sale within the state of shell eggs or liquid eggs for human food if it is the product of an egg-laying hen that was confined in an enclosure that fails to comply with all of the standards set forth in Chapter 10, Article 1, regarding Egg-laying Hens.

Shell egg and liquid egg are defined as follows:

Shell Egg per 3 CCR, Section 1320(z): "Shell egg" means a whole egg of an egg-laying hen in its shell form, intended for use as human food.

Liquid Egg per 3 CCR, Section 1320(t): "Liquid eggs" are the products defined in section 25991(l) of the Health and Safety Code meaning eggs of an egg-laying hen broken from the shells, intended for human food, with the yolks and whites in their natural proportions, or with the yolks and whites separated, mixed, or mixed and strained. Liquid eggs do not include combination food products, including pancake mixes, cake mixes, cookies, pizzas, cookie dough, ice cream, or similar processed or prepared food products, that are comprised of more than liquid eggs, sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers, and similar food additives.

Further, Section 1320(t) states that all definitions described in Title 21 of the Code of Federal Regulations Parts 160.100 through 160.190 (April 2021) shall apply whether the egg is raw or pasteurized, co-packaged with other foods, or sold frozen, dried, freeze-dried, or as a cooked patty, puck, or other cooked form, and any mixture, irrespective of proportions, of two or more of the products specified in this subsection.

Breeding Pig Confinement Language and Definitions

Section 1322.1(a) of 3 CCR states that no person shall knowingly engage in a commercial sale within the state of whole pork meat for human food if the whole pork meat is the product of a breeding pig, or the product of the immediate offspring of a breeding pig, that was confined at any time during the production cycle for said product in an enclosure that fails to comply with all of the standards set forth in Chapter 10, Article 3, regarding Breeding Pigs.

Whole Pork meat is defined as follows:

Whole pork meat, per 3 CCR, Section 1322.(ee): "Whole pork meat" uncooked cut of pork, including bacon, ham, chop, ribs, riblet, loin, shank, leg, roast, brisket, steak, sirloin, or cutlet, that is comprised entirely of pork meat, except for seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives. Whole pork meat does not include combination food products, including soups, sandwiches, pizzas, hotdogs, or similar processed or prepared food products, that are comprised of more than pork meat, seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives.

Additional Information and Resources

For more information on the Final Rule, the Farm Animal Confinement Initiative, and clarification regarding commercial purchases, please visit the CDFA Animal Care Program, Proposition 12, Farm Animal Confinement web page at https://www.cdfa.ca.gov/AHFSS/AnimalCare/.

Contact Information

If you have any questions regarding this subject, please contact Food Distribution Program by email at FoodDistribution@cde.ca.gov