Proposition Two—as it was known to California voters—is alive and well and moving through the states of Ohio and Nebraska, potentially forcing a change in the way livestock is produced. A phase out of commercial egg production in California is one change attributed to the referendum initiative, and Nebraska is examining its potential impact.

Economist and agricultural law specialist David Aiken at the University of Nebraska seems to think his state would undergo similar changes that have occurred in California as a result of the ballot-driven “Animal Welfare Initiative.” His report in the Cornhusker Economics newsletter says the concept would end the use of veal calf crates, swine gestation crates, and poultry cages, known as battery or laying cages. He says the main supporter of Proposition Two in California was the Humane Society of the United States, aided by consumer and environmental groups and opposed by agricultural and food processing groups. During the November 2008 election, it passed nearly two to one, and imposed a fine and jail time for violators.

The new California law, which takes effect in 2015 and is being proposed in Ohio and Nebraska, would require that confined sows, veal calves and laying hens be able to stand up, lie down, and extend their limbs without touching another animal or a side of the enclosure and to turn around freely within the enclosure. The battery cage ban applies to chicken, turkey, duck, geese or guinea fowl kept for egg production. Exceptions to the law include sows within seven days of farrowing, transportation, veterinary treatment, 4-H and similar exhibitions and humane slaughter.

Aiken says swine gestation crates also have been banned in Florida, Arizona, Oregon, Colorado, and Maine. Veal crates have been banned in Florida, Arizona, Colorado, California, and Maine. However, California becomes the first state to ban the use of cages for laying hens. He says the potential impact on Nebraska agriculture remains to be seen, but Nebraska is one of three states allowing such ballot initiatives which are among the top egg producing states. The others are California, where it is now law, and Ohio, where advocates are trying to add it to the 2010 general election ballot. Aiken says a favorable vote there would likely lead to a similar effort in Nebraska in 2012.

The trend seems to be gaining momentum, which began in 1999 with a European Union law that banned laying hen cages. US-based laws began with a gestation crate ban in Florida in 2002 and an Arizona ban on both gestation crates and veal crates in 2006, followed by similar initiatives in Oregon in 2007, and Colorado in 2008. On a parallel path, several members of the food processing industry adopted policies that reduced their purchases of livestock which may have been raised in confinement facilities.

Among the commercial entities were Cargill’s 2004 decision to phase out gestation crates, followed by Smithfield in 2007. The Smithfield decision established a ten year timeline. Fast food vendors also became involved with a Burger King policy to buy 5% of its eggs from non-caged hens, Wendy’s setting a similar goal for 2%, and McDonalds agreeing to study the use of cages for laying hens. Ice cream makers Ben and Jerry went cage free for their egg purchases in 2006.

Summary:
Nebraska livestock producers are being that ballot initiatives, which were successful in California is underway in Ohio and may be in gaining acceptance in Nebraska. The proposal would ban the use of gestation crates for sows, crates for veal calves, and cages for laying hens.