california proposition 12: farm animal confinement initiative (2018) · 2019-02-22 · review of...
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California Proposition 12: Farm Animal Confinement Initiative (2018)IN ITIAL CDFA HOSTED WORKSHOP
FEBRUARY 22, 2019
10 AM – 1PM
1220 N STREET, SACRAMENTO CA
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 1
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Today’s Agenda
Review of Proposition 12 (2018)
Approach to Implementation
Developing Regulations
Changes Effective 2020
Changes Effective 2022
Open Discussion
Future Meetings
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 2
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Review of Proposition 12
❖ Chaptered in Health and Safety Code (Section 25990-25994)
❖ Similar to other laws – prohibits confinement in a cruel manner of covered animals or sales of products from covered animals
▪ Animal confinement standards apply to in-state producers and sales within the state of specified products (out-of-state production)
❖ Amends laws previously limited to California pork, veal and shell egg production and out-of-state shell egg production if shell eggs are sold in California
❖ Prohibits and redefines “confined in a cruel manner,” expanding on existing law
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 3
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Review of Proposition 12
❖ Charges the California Department of Public Health and California Department of Food and Agriculture with implementation by explicitly providing regulatory authority
❖ Can be changed with 4/5 vote of both houses of the legislature
❖ Severable if challenged
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 4
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Review of Proposition 12
Covered Animals
❖ Kept on a Farm - commercial production; does not include live animal markets and mandatory FSIS inspected harvest and egg processing facilities (Official Plants under Meat Inspection and Egg Product Acts)
❖ Breeding Pig – kept for commercial breeding; 6 months or older but not 5 days prior to expected birth and while nursing
❖ Veal Calves - raised for the purpose of producing veal
❖ Egg-Laying Hens – kept for the purpose of egg production including chicken, turkey, duck, goose, guinea fowl
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 5
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Review of Proposition 12
Exemptions
❖ Medical research
❖ Exam, testing and treatment for veterinary purposes
❖ Transportation
❖ Exhibitions including rodeo and fairs
❖ Slaughter
❖ Temporary confinement for animal husbandry purposes (up to 6 hours in 24 hours; 24 hours in 30 days)
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 6
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Review of Proposition 12
Products from Covered Animals
❖ Shell Egg
▪ Whole egg in shell form
❖ Liquid Egg
▪ Egg yoke and/or whites broken from shells and can include sugar, salt, water, seasoning, coloring, flavoring, preservatives, stabilizers and other food additives
▪ Does not include combination foods like cake mixes, pizza, ice cream, cookies or other processed or prepared products
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 7
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Review of Proposition 12
Products from Covered Animals
❖ Whole Veal and Whole Pork Meat
▪ Any uncooked cut of veal or pork intended for human consumption
▪ Can include seasoning, curing agents, coloring, flavoring, preservatives, and similar meat additives
▪ Does not include combination foods like soups, sandwiches, pizza, hotdogs or other processed or prepared products
▪ Includes pork from a covered animal and immediate off-spring
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 8
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Review of Proposition 12
Sale in California
❖ Commercial sale of covered product
❖ Does not include sales occurring at official egg processing and harvest facilities with mandatory FSIS inspection (Meat Inspection and Egg Products Inspection Acts)
❖ Deemed to occur where the buyer takes physical possession of the covered item
❖ Defense – Business owner or operator relied in good faith on written certification from supplier
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 9
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Review of Proposition 12
Confined in a Cruel Manner❖ Cannot lay down, stand up, or fully extend all limbs and turn around in
a complete circle freely without touching the sides of an enclosure or another animal
❖ After 12/31/19: ▪ Veal calf with less than 43 square feet per calf▪ Egg laying hen with less than 144 square inches per hen
❖ After 12/31/2021▪ Breeding pig with less than 24 square feet per sow▪ Egg laying hen must follow United Egg Producer 2017 cage-free
housing guidelines and meet cage free confinement as defined
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 10
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Review of Proposition 12
Usable Floor Space
❖ Total square feet of floor space provided to the animals divided by the number of animals
❖ Layers, includes platforms but not perches or ramps
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Review of Proposition 12
Cage Free
❖ United Egg Producers and Proposition Cage-Free definitions:
▪ 144 square inches per hen
▪ Free to roam
▪ Enrichments: scratch area, perches, nest box, dust bathing
❖ United Egg Producers – If vertical space, 144 square inches per hen; if all litter, 216 square inches per hen
❖ Proposition 12 Definition – Farm employees can provide care while standing
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 12
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Review of Proposition 12
Penalties
❖ Misdemeanor - $1,000 and/or 180 days jail
❖ Unfair Competition - Business and Professions Code
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 13
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Approach to Implementation
❖ The California Department of Food and Agriculture will take the lead and consult with the California Department of Public Health
▪ Speed regulatory process
▪ Leverage CDFA farm expertise
❖ Regulation mandated to be in place by Sept 1, 2019
❖ Working to hire limited term staff now to drive process
❖ Require funding outlined in the ballot for full implementation
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Approach to Implementation
Anticipated Milestones
❖ Permanent resources (funding requests, hire, train)
❖ Identify stakeholders – producers, processors, distributors, retail, consumer and animal care advocates
❖ Complete Regulations working with the California Department of Public Health – Stakeholder input critical
❖ Outreach and Training; Farm Readiness Audits; Pilot Inspections
▪ develop frequency based and resources
▪ explore the use of existing audit and certification programs
❖ Enforcement
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Developing Regulations
❖ Regulations normally take at least one year to complete
▪ Workshops
▪ Drafting regulation and accompanying documentation
▪ Economic impact study
▪ Legal review and agency approval
▪ Comment periods / hearings
▪ Control agency (Office of Administrative Law, Department of Finance)
▪ Publish
Divide into two regulatory packages?
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Changes Effective 2020
Veal Calves, Shell Egg, Liquid egg
❖ Challenges?
❖ Areas where regulatory clarity is needed?
❖ Potential regulatory framework ideas?
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2020 Veal Calves, Shell Egg, Liquid Egg
Potential Issues❖ Location buyer takes physical possession will be important
❖ Sales to federal agencies – lunch program, prisons, other
❖ Product transiting CA for export, but sale occurs in CA
❖ Traceability from farm to retail (in-state and out-of-state)
❖ Timeframe for implementation – facility investment, lack of building space/permits, ability for regulating agencies to be ready
❖ Enforcement timing – date of pack, on the shelf, delayed to deplete inventory, how delayed (liquid egg, frozen veal)
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2020 Veal Calves, Shell Egg, Liquid Egg
Potential Regulatory Framework❖ Definitions
❖ Registration of producers
❖ Certification
❖ Method for segregating product – producer, processor and distributor input
❖ Product labeling – retailer and consumer
❖ Manifest or other track and trace mechanism
❖ Border station inspection
❖ Farm, distributor and retail inspection – frequency?
❖ Penalty matrix, appeal process
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Changes Effective 2022
Cage Free Shell & Liquid Egg, Pork
❖ Build on what works
❖ MUCH more complex compliance
❖ Economic impact study more challenging
❖ Will start workshops after 2020 regulatory framework is outlined
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Open Discussion
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 21
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Next Meeting – Stakeholder Engagement
❖ Send comments to: [email protected]
❖ Creating a stakeholder list
▪ Sign in or send a request to be included to: [email protected]
❖ Thoughts/suggestions for future workshops
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE INTERNAL WORKING DOCUMENT 22