Image used under Creative Commons. Courtesy of Farm Sanctuary.
Last month California Governor Arnold Schwarzenegger signed Assembly Bill 1437 (.pdf) which will go into effect, along with Proposition 2, in the year 2015. In case you haven’t been following California politics, Proposition 2 (Prop 2) was passed by voters in 2008 by an overwhelming majority (63% for- 37% against) and effectively prohibits the confinement of specific farm animals where the animal is not able to turn around freely, lay down, stand, or extend its limbs. Specifically, a portion of Prop 2 bans the sale of eggs where the hen is confined within the widely used battery cage, but is limited to farms within the State of California. Assembly Bill 1437 extends this portion of Prop 2 to any farm that sells eggs within California.
Let me first note that I tend to be very conflicted about these issues. I understand that we live in a world of omnivores where victories are often few and far between, but part of me takes a very radical position where nothing but full animal liberation is acceptable. That said, in this instance I am not taking issue with small family farms or the growing number of people keeping chickens in their backyards who treat their animals with respect and care. I am more concerned with large scale agribusinesses that do things like alter the reproductive cycles of laying hens to suit timing and schedules.
The people of California have clearly demanded humane treatment of farm animals and I congratulate and appreciate those who made these laws possible. I am, as they say, cautiously optimistic about the implementation of these laws in such a populous state. I do have a few concerns about the passage of these laws. My first concern is the guidelines for confinement. Most of us know the myth of “cage-free” eggs. Under Prop 2, the hen is still confined, but so long as she is able to stand, turn around freely, and extend her wings the farm is in compliance. I take issue with the image portrayed by the phrase “cage-free” and the truth which lies therein. The hen is not roaming freely in a yard pecking and scratching at the soil, but is simply in a larger cage or with fewer cage mates.
Image used under Creative Commons License. Courtesy of Flickr user zbartrout.
Additionally, in my experience, it is not the regulation itself that fails, but the exceptions that prevent enforcement. Prop 2 provides for exemptions, as expected; however, the exceptions for travel, slaughter, and veterinary or research purposes are ripe for misuse, and clear delineation and definitions must be enforced by authorities.
The enforcement is also troubling as violations of Prop 2 are misdemeanors providing for fines up to $1,000 and/or imprisonment up to 180 days. Who is charged and ultimately convicted? Will it be the every day employee making minimum wage in an unskilled position or the manager of the factory farm or the CEO of the company who owns the farm? Additionally, will enforcement be done by “surprise” inspections where managers are warned in advance as meatpacking and processing plants are?
Yes, a lot of hard work and politicking went into the passage of Proposition 2 and A.B. 1437. The people, organizations, and voters are to be applauded for choosing humane treatment over cruelty and abuse. Now the people have spoken, and it is up to the State of California to steward the mandate accordingly and enforce the law appropriately.
My cynicism not withstanding, what do you think of Prop 2 and/or AB 1437? Is settling for small victories merely selling out, or do we have a responsibility to hold out until every cage is empty?
