Hens, unbound. Is this the end of cages

Chickens huddle in their cages at an egg processing plant at the Dwight Bell Farm in Atwater, Calif. The New Year is bringing rising chicken egg prices across the country as California starts requiring farmers to house hens in cages with enough space to move around and stretch their wings.

The most significant animal welfare law in recent history — California’s Proposition 2 — takes effect today.

The measure, which passed by a landslide vote in 2008, requires egg and some meat producers to confine their animals in far more humane conditions than they did before. No longer will baby calves (veal) or gestational pigs be kept in crates so small they cannot turn around and, perhaps more significantly, egg-laying hens may not be held in “battery” cages that prevent them from spreading their wings.

The regulations don’t affect only hens kept in California. In 2010, Gov. Arnold Schwarzenegger signed into law a bill that extended the protections of Proposition 2 to out-of-state birds: You cannot sell an egg in California from a hen kept in extreme confinement anywhere. For an industry that has been able to do pretty much what it wants, this is a big deal: It bans some of the most egregious practices.

Does limiting confinement for hens mean the end of cages? Maybe. It might become impractical for growers to build bigger cages; that is, it might be easier simply to keep hens in groups that meet the new minimum area required per bird and so keep the hens “cage free.” That’s not a panacea, but it is an improvement.

The new minimum is not specified in numbers, but the courts have said that it “establishes a clear test that any law enforcement officer can apply, and that test does not require the law enforcement officer to have the investigative acumen of Columbo to determine if an egg farmer is in violation.” Hens must be able to spread their wings without touching a cage or another bird.

There is, however, another new state regulation — the so-called shell egg food safety regulation, aimed at reducing salmonella — enacted by the California Department of Food and Agriculture. This requires a minimum of 116 square inches per bird, compared with the current 67 square inches, which is less space than an 8-by-10 photo and just a tad more than a standard iPad.

Proposition 2 trumps this rule, and birds probably need more than 116 square inches to spread their wings. In fact, many experts think something closer to 200 square inches is more realistic. But some farmers may think they can get away with 116; law enforcement will determine whether they’re right, and noncompliance is a criminal offense.

The new regulations will probably raise the price of eggs. Surprisingly, as producers in California switch production systems to comply with the new law, eggs raised by so-called conventional means sometimes cost more than cage-free eggs. This belies the arguments that the conversion process is difficult or prohibitively expensive; it just shows that many producers failed to take advantage of the five years between the extension of the new housing standards to all birds, and its taking effect, to adequately prepare. What have they been doing instead? Predictably, filing lawsuits fighting Proposition 2, all of which have failed.

That Proposition 2 is supported by a majority of people in the country’s biggest agriculture state, and that its legitimacy has been supported by courts, shows the direction in which the raising of animals is headed. Gestation crates are on their way out, and battery cages will soon join them. With this measure, the table is set for similar action in states all over the country.

“We’ve worked on passing anti-confinement laws in 10 states now,” says Paul Shapiro, a senior director at the Humane Society of the United States. At least three other states are to take up similar legislation in 2015.

The most important part of the new law may be that every whole egg sold in California must adhere to the standards set by Proposition 2, regardless of where it’s from. And since California can’t raise all the eggs eaten by its citizens, millions of those eggs — perhaps as many as a third consumed in the state — will come from elsewhere. From Iowa, for example, where more than 14 billion eggs are produced each year. (Interesting: There are just over 3 million people in Iowa, and nearly 60 million laying hens.) There has been talk of shortages, but they would be short-lived.

So, in California, just as you had to meet higher emission standards than required by federal law if you wanted to sell cars, now you must meet higher welfare standards for hens if you want to sell eggs. Whether farmers comply, or disobey, or leave the business remains to be seen. But Proposition 2 means a new norm; eventually it will be, well, normal.

Just how high are the standards set by Proposition 2? “By itself, the law means that many millions of animals will no longer be held in cramped cages, and that’s huge,” says Shapiro. “But the message it sends to the factory farming industry is clear: Business as usual — that is, subjecting animals to torturous conditions for their entire lives — is no longer going to be acceptable.”

Now you must meet higher welfare standards for hens if you want to sell eggs.

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