By Seth Millstein for Sentient.
Broadcast version by Suzanne Potter for California News Service reporting for the Sentient-Public News Service Collaboration
In 2018, California passed one of the strongest animal welfare laws in the country - and it's been under threat ever since. Proposition 12 forbids the extreme confinement of certain farm animals, and after failing to overturn the law in the Supreme Court, opponents are now trying to repeal Proposition 12 through the upcoming Farm Bill. Will they succeed?
"It really does lie in the hands of Congress at this point," Allison Ludtke, Legislative Affairs Manager for the Animal Legal Defense Fund, tells Sentient. "There's a level of uncertainty that I think we're all feeling."
On the surface, Proposition 12's chances seem grim. The GOP's Farm Bill proposals in the House and the Senate both include Proposition 12 repeal, and come January, Republicans will control both chambers of Congress and the White House. This would seemingly give them the killshot they need to take down the law.
But it's not quite that simple, says Ludtke, whose organization has fought to defend Proposition 12 in court. Ludtke tells Sentient that Proposition 12 has found some surprising defenders, including farmers, meat producers and even some "ultra-conservative folks in the MAGA movement," who believe Proposition 12 helps American farmers remain competitive with Chinese companies.
"We've seen really conservative folks, conservative Republicans, oppose [Proposition 12 repeal]," Ludtke tells Sentient. "Given the small majority that Republicans have in the House, and that they need to be working with Democrats, that gives me a semblance of hope that we do still have some leverage here."
What Prop 12 Does
Proposition 12 is a California law that bans the extreme confinement of certain livestock in the state. Specifically, it establishes minimum space requirements for breeding pigs, egg-laying hens and veal calves, and imposes fines on any producers who confine said animals to smaller spaces.
Just as importantly, Proposition 12 also forbids California retailers from selling eggs, pork and veal that was produced using extreme confinement in other states. Because California is such an enormous market, this provision of the law has compelled livestock producers in other states to either adopt California's minimum space requirements or, alternatively, stop selling their products in California.
What Prop 12 Does Not Do
Proposition 12 is generally regarded as the strongest animal protection law in the country, and rightly so. But it's also important to note what the law does not do.
For one, it doesn't apply to chickens raised for meat. Americans eat around 8 billion chickens every year, so that's quite a few animals who receive no protections under the law.
In addition, Proposition 12 still permits a variety of other factory farm practices that also cause undue suffering to the animals in question. Beak-trimming, tail-docking, castration without anaesthetic and other gruesome mutilations are par for the course on farms, and Proposition 12 doesn't restrict them in any way.
How Animals in California Were Treated Before Prop 12
Before Proposition 12, California livestock producers were already somewhat restrained by Proposition 2, a similar law that voters approved in 2008. Proposition 2 requires veal calves, breeding pigs and egg-laying hens to be given enough room to turn around, lie down, stand up and fully extend their limbs; however, it doesn't specify exactly how much physical space this entails.
Unlike Proposition 12, Proposition 2 doesn't place any restrictions on animal products produced using extreme confinement methods in other states. This partially changed in 2010, whenCalifornia legislators passed a law requiring all shelled eggs sold in the state - though not all pork and veal products -- comply with Proposition 2's standards.
But Proposition 2's space requirements are still quite modest. California regulators determined that, in order to comply with the law, egg-laying hens must be given at least 116 square inches of space in which to live. That's around 0.8 square feet - an improvement from the 0.4 square feet of space that was the industry standard prior to Proposition 2, but still not very much space.
How Have Opponents Tried to Repeal Prop 12?
Proposition 12 was the target of multiple legal challenges from the meat industry shortly after its approval. The North American Meat Institute, the American Farm Bureau Federation and the National Pork Producers Council all sued to have Proposition 12 overturned, arguing that it violated the interstate commerce clause of the Constitution.
But the Supreme Court upheld Proposition 12 in 2023, with the majority concluding that, "while the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list."
Soon thereafter, a pair of Republican lawmakers attempted to repeal the law through a piece of legislation called the EATS Act. This bill would prohibit any state from imposing regulations on the sale of agricultural products produced in other states; as such, it would invalidate both Proposition 2 and Proposition 12, and prohibit any other states from enacting similar legislation in the future.
The EATS Act died in Congress. But in June, Congressional Republicans proposed inserting a version of it into the Farm Bill, a package of legislation that's renewed every five years and serves as the basis for American farm policy.
House Republicans' Farm Bill proposal would prohibit states from restricting the in-state sale of livestock products that were produced out of state, based on the conditions in which the animals were raised. However, this prohibition would not apply to "domestic animals raised for the primary purpose of egg production."
In effect, then, the House GOP's Farm Bill would repeal both Propositions 2 and 12's restrictions on pork and veal production, but not the laws' restrictions on egg production.
The Democratic Farm Bill proposal didn't include the EATS Act, or any form of Proposition 2 or Proposition 12 repeal.
But Congress has been unable to agree on a new Farm Bill for the last two years, and it's unlikely that they'll be able to do so during the last two weeks of the year. What's more likely is that they'll pass an extension of the last Farm Bill, then return in January to deliberate on a full, five-year bill.
Is Proposition 12 Doomed Once Republicans Take Control?
In the new year, Republicans will control the presidency and both chambers of Congress. In theory, this will give them the ability to repeal Proposition 12, either through the Farm Bill, a new version of the EATS Act, or some other piece of policy.
And yet oddly enough, not all Republicans are on board with repealing Proposition 12. One of the most surprising developments in this story has been the number of conservatives who either support Proposition 12 or oppose repealing it - which, as we'll see, is not necessarily the same thing.
In 2023, 16 House Republicans declared their opposition to the EATS Act in an open letter to the chair and ranking member of the House Committee on Agriculture. The next year, eight more House Republicans wrote a separate letter opposing the anti-EATS Act. For perspective, House Republicans will only have a five-seat majority when Congress reconvenes in January.
Right-wing publications like The American Conservative and Newsmax have run op-eds opposing the EATS Act as well. Even Texas Agriculture Commissioner Sid Miller, a Republican who blames wind turbines for power outages and thinks the USDA is racist against white people, wrote a fiery op-ed opposing Proposition 12 repeal.
Equally surprising are the farmers, retailers and meat companies who've said that don't want Proposition 12 repealed. This diverse list of opponents includes industry leaders like Perdue, meat distributors like ButcherBox and individual hog farmers across the country. According to the Humane Society, almost 5,000 farms in 39 states have also come out in favor of Proposition 12.
"The typical coalition that you would see supporting GOP efforts is not necessarily on board here," Daniel Jasper, senior policy advisor for Project Drawdown, tells Sentient.
Why Prop 12 Has So Many Unexpected Allies
Needless to say, it's not every day that you see Republicans, business leaders and meat farmers defending a strict government regulation that would cost businesses money in the name of protecting animals. There are a few factors at play here.
States' Rights
Some Republicans see the fight over Proposition 12 as a state's rights issue. For Congress to repeal a state law that California passed on its own accord would be a violation of state's rights, they say, and could lead to more federal intervention in state laws.
"While I don't agree with Prop 12, I'll defend to my dying day California's right to self-determination, and any state's ability to use its constitutional authority as that state's citizens best see fit," Sid Miller, the conservative Texas Agriculture Commissioner, wrote in an op-ed in The Hill. "While I understand the motivation for congressional leaders to want to rein in California, the EATS Act or something similar is a massive overreach of federal power."
Miller isn't just fear-mongering, as an analysis by Harvard Law identified over 1,000 state and local laws that could potentially be prohibited if the EATS Act passed.
"It would have really damaging implications on states' rights, the regulation of animal products, pesticides, and so forth," Ludtke says of the EATS Act's broad language. "I think it could really cause chaos throughout the industry, both for producers and regulators alike."
Increased Profits
On the business side, producers have cited several reasons for opposing a Proposition 12 rollback. In interviews with Sentient, several hog farmers have said that they support Proposition 12 not only because it's more humane, but because it's actually making them more money than before, as many welfare-minded customers are willing to pay a premium for Proposition 12-compliant products.
"Prop 12 is one of the best things, economically, that's happened to us in a very long time," Missouri pig farmer Hank Wurtz told Sentient earlier in the year. "That's good for American farmers. We need to make a living somehow. If Californians want to pay more for it, we welcome that."
Despite opponents' claims that Proposition 12 will wreak economic havoc on producers, the meat processing giant Hormel confirmed that it "faces no risk of material losses from compliance with Proposition 12." The Perdue-owned pork company Niman Farms has argued that Proposition 12 is merely a natural result of customers' growing distaste for animal suffering.
"Even without Proposition 12, the market has shifted to create strong demand for pork that is farmed humanely and without cruelty," Niman Farms wrote in a Supreme Court brief. "Proposition 12 reflects that shift in consumer preferences."
Niman Farms added that farmers can "produce [pork] for the California market under Proposition 12 standards and for other markets under less rigorous standards if they choose." As a result, the law "will not substantially burden farmers with excessive costs - just costs reflecting the preferences of the California market."
Fear of Foreign Control
Finally, a handful of Republicans oppose the EATS Act because they fear it would lead to Chinese companies having greater control of American farms and the American meat market. These folks include some of the most notoriously right-wing members of Congress, such as Reps. Marjorie Taylor Greene, Matt Gaetz and Andy Biggs.
The leading pork distributor in the U.S. is the Chinese-owned company Smithfield Foods. Because China has no animal welfare laws at all for livestock, Chinese companies can produce pork at a lower cost and be more competitive than American farmers. If Proposition 12 is repealed, the argument goes, Chinese meat companies will be able to sell their pork in California, thus posing a threat to the livelihoods of American hog farmers.
The Bottom Line
Ultimately, the fate of Proposition 12 lies with the new Congress, and only time will tell whether lawmakers decide to scrap it or save it. But Ludtke is optimistic, and welcomes the diverse coalition that's come together to defend Proposition 12.
"I think it's an amazing campaign that highlights what can happen when you join forces across the ideological spectrum on an issue," Ludtke says. "And so I feel, again, hopeful, even though there is a lot of uncertainty that lies ahead."
Seth Millstein wrote this article for Sentient.
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By Seth Millstein for Sentient.
Broadcast version by Farah Siddiqi for California News Service reporting for the Sentient-Public News Service Collaboration
In 2023, UC Berkeley student and activist Zoe Rosenberg removed four severely ill chickens from a slaughterhouse truck in Petaluma, California, and brought them to an animal sanctuary. Now, she's facing over five years in prison. Rosenberg's trial is scheduled for later this year, and her allegations tell a story of horrific conditions at ostensibly "free-range" chicken farms, as well as the steep uphill battle activists face in convincing law enforcement to even investigate allegations of animal cruelty on factory farms.
Rosenberg is an activist with Direct Action Everywhere (DxE), a Bay Area-based animal rights organization. In addition to supporting ballot propositions and hosting conferences, DxE carries out undercover investigations of slaughterhouses and factory farms. In some cases, its activists rescue ill and imperiled animals from such facilities; this is what's known as "open rescue," a popular tactic among some animal rights activists.
The prospect of risking prison time for saving a few chickens, who are routinely sold for less than $20 apiece, may seem outlandish. But DxE activists like Rosenberg see it as a necessary risk to accomplish their ultimate goal: the complete abolition of slaughterhouses and factory farms.
"I think that if people don't take action and don't risk their freedom to create change, nothing will ever change," Rosenberg, who's currently wearing an ankle monitor while out on bail, tells Sentient. "We've seen time and time throughout history that it has been the sacrifices of the very few that have changed the world."
Petaluma Poultry did not respond to Sentient's request for comment on this story, but a company spokesperson denied DxE's claims to the San Francisco Chronicle, characterizing the group as "extremist" and its efforts as "theft."
What Is Open Rescue?
In essence, open rescue is the act of removing animals from dangerous or harmful environments without permission from the person, company or facility that oversees said animals. Those who carry out open rescues don't hide what they are doing, and often publicize their actions. Animals that are removed via open rescue are typically provided with medical care and/or taken to animal sanctuaries.
The goal of open rescues, which date back to at least the early 1980s, is not only to provide relief for the animals in question, but also to highlight the conditions in which farm animals are held, and to normalize the act of rescuing them. But it's a controversial practice, even among activists, and law enforcement officials generally treat open rescues as acts of theft, trespassing or other crimes.
This often leads to prosecution, but in the eyes of open rescue advocates, this isn't entirely a bad thing. Prosecutions often bring media attention and publicity to both the topic in question and the relevant laws surrounding that topic. Rosenberg's case, for instance, draws attention not only to the conditions of factory farms, but also to the fact that removing a few sick animals from a slaughterhouse can get you a half a decade in prison.
Do People Usually Go to Prison for Open Rescue?
Although charges are often brought in open rescue cases, they're frequently reduced or, in some cases, dropped entirely before trial. It's not uncommon for open rescuers to be acquitted, either; in a verdict that drew international headlines, DxE founder Wayne Hsiung and another defendant were facing 60 years in prison for rescuing two sick piglets from a Smithfield Farms facility in Utah, only to be acquitted of all charges.
That said, Hsiung did recently spend 38 days in Sonoma County jail for an open rescue in which he participated, so it's not unheard of for activists like Rosenberg to serve time for carrying out open rescues.
The Incident in Question
On June 13, 2023, Rosenberg entered a Petaluma Poultry slaughterhouse partially disguised as an employee. A truck delivering chickens to the facility was parked outside, and Rosenberg spotted four chickens in the back of the truck who she says were "covered in scratches and bruises." She took them from the truck, left the slaughterhouse and both she and DxE publicized her actions on social media.
Rosenberg says that she intentionally took the chickens that "seemed like they most needed medical attention." Subsequent examinations found that all four birds were infected with Coccidia parasites; one of them also had a respiratory infection and an injured toe, while a third had a foot infection.
Five months later, Rosenberg was arrested and charged with five felonies relating to the June 13 rescue. These charges were later reduced, and as of this writing, she faces one felony conspiracy charge, two forms of misdemeanor trespassing charges, one misdemeanor theft charge and one misdemeanor charge of tampering with a vehicle. Her trial is scheduled for September 15, 2025.
The chickens she rescued were all treated for their illnesses, and are now living at an animal sanctuary.
A History of Animal Neglect At Petaluma Poultry
Petaluma Poultry, a subsidiary of the chicken giant Perdue, presents itself as a humane operation where, in the words of its website, "chickens are free to be chickens."
"Our houses are spacious, with room for birds to move about and exhibit normal behaviors in a low-stress environment open to fresh air," the company's website says. "Our outdoor spaces are at least half the size of the poultry house, and typically as big as the barn itself."
But Petaluma Poultry's advertising is a classic example of humane-washing, when companies try to appeal to animal welfare-minded consumers by depicting their products as more humanely produced than they actually are.
Petaluma Poultry and its contractors have been accused of criminal animal cruelty on a number of occasions, and footage filmed by undercover investigators in the company's farms and slaughterhouse paints a much different picture than the company's marketing.
In 2018, a whistleblower provided DxE with footage from McCoy's Poultry, a factory farm contracted by Petaluma Poultry, that showed chickens collapsed on the ground, unable to stand or walk and surrounded by the corpses of other chickens. Shortly thereafter, Sonoma County Animal Services seized 15 chickens from McCoy's Poultry; six were already dead, while the other nine were injured, malnourished, unable to stand and exhibited signs of distress, according to a subsequent medical report. The facility was later shut down.
In 2023, another activist who infiltrated Petaluma Poultry's slaughterhouse said that she saw workers cutting into chickens while they were still alive, as well as evidence that chickens had been abused, tortured and boiled alive during the slaughter process. They also obtained documents showing that, on a single day in April, over 1,000 chickens were deemed unfit for human consumption after they were slaughtered due to suspicion that they had blood poisoning.
Prior to her arrest for the June incident, Rosenberg herself was involved in a separate DxE investigation of a Petaluma Poultry facility in 2023, where she recorded footage of more chickens suffering in the facility.
"I documented chickens who were collapsed on the floor of their factory farms, too weak to stand, unable to get to food and water, and slowly dying of starvation and dehydration," Rosenberg says. She ended up rescuing two of those chickens as well, both of whom required extensive medical care.
It remains unclear whether authorities prosecuting or investigating these allegations of criminal animal cruelty? And if not, how come?
Rosenberg Raised Allegations of Animal Welfare Abuses
Poultry is the most widely consumed meat in the U.S. and the world, yet there are no federal laws that protect livestock chickens from mistreatment on the farm. The Humane Slaughter Act establishes some baseline requirements for the treatment of livestock, but it specifically exempts chickens from these protections.
In California, however, livestock chickens are protected under a number of different laws. In addition to Proposition 12, which requires poultry producers to give egg-laying hens a specific amount of living space, Section 597(b) of California's penal code makes it a felony to subject an animal to "needless suffering" or deprive them of access to sufficient food or water, among other things.
This law would appear to be relevant in the context of Petaluma Poultry. If a chicken at a factory farm is physically unable to stand (let alone walk), they will be unable to reach the feeding trays and water, and will eventually die of thirst or starvation. If a chicken is boiled alive because they were improperly stunned beforehand, it has suffered needlessly.
The aforementioned investigations uncovered evidence of both of these things happening at Petaluma Poultry and its contracted facilities. Both DxE and Rosenberg claim they've presented multiple law enforcement agencies with this evidence, only to be rebuffed or ignored.
"The most common thing we've had is agencies directing us to another agency, directing us to another agency, directing us back to the place where we started, and just kind of sending us around in circles," Rosenberg says. "We didn't get any helpful response. No one took action."
It was this inaction that led Rosenberg to take the four chickens from the back of the truck in June, she says. After doing so, she again presented her findings to law enforcement, specifically the Petaluma Police Department. This time, she got a response.
"They said they had a detective who wanted to have a call with me, and so I had like a 15-minute call with a detective from the Petaluma Police Department," Rosenberg says. "She very much approached the call from an angle of, you know, 'I'm concerned about the reports you are making.' And so I told her about the animal cruelty that has been documented there."
But Officer Corie Joerger, the detective in question, didn't follow up with her after their call, Rosenberg claims, and ignored her subsequent attempts at communication. A couple of weeks later, Joerger handed Rosenberg a warrant for her arrest regarding the June rescue.
In the preliminary hearing for Rosenberg's case, Joerger acknowledged that Rosenberg had made allegations of animal cruelty, but stated that she did not investigate the matter.
This inaction by law enforcement wasn't an isolated incident. When the investigation at McCoy's Poultry facility uncovered dead birds on the farm floor and others that were unable to move, Sonoma County Animal Services referred the matter to the county sheriff's office for potential prosecution. But no prosecution followed then, either.
Sentient has reached out to the Sonoma County Sheriff's Office, the Petaluma Police Department and Joerger for clarification on these reports, but as of this writing, none have offered any comments.
Petaluma Poultry Is More the Rule Than the Exception
The allegations against Petaluma Poultry might sound extreme. But in fact, many are par for the course on factory farms, and chicken farms in particular.
For instance, the USDA estimates that every year, around 825,000 chickens are boiled alive at slaughterhouses. This is not standard protocol, but rather, the result of standard protocol gone wrong.
At poultry slaughterhouses, chickens are typically hung upside down by their feet and pulled through an electrified pool of water, which is meant to stun them. After that, workers slit the chickens' throats, and after they've bled out, they're placed into boiling water. This is to soften the skin and make it easier to defeather them.
That's how it's supposed to work, at least. In actuality, though, one or both of those first two steps often fail; chickens are either inadequately stunned before their throats are cut, or their throats aren't fully slit, or both. When both of these processes fail, the chicken is inadvertently boiled alive, and feels every bit of pain associated with this.
Similarly, the fact that those chickens at Petaluma Poultry couldn't stand up or walk isn't an accident. Over the decades, farmers have selectively bred chickens to be as fat as possible, as this maximizes the amount of meat they can sell. According to the National Chicken Council, farmed chickens now grow to be over twice as large as they were 100 years ago in less than half the time.
This unnatural rate of growth has wrought havoc on their internal biology, however, and farm chickens now routinely suffer from a number of illnesses and adverse health conditions as a result, including bone deformities, heart attacks, chronic hunger, ruptured tendons and, most relevantly to Petaluma Poultry, difficulty standing up or walking.
Finally, Petaluma Poultry is far from the only chicken producer to make questionable use of the "free-range" label, which is ostensibly regulated by the USDA. In 2023, undercover footage taken from a Tyson Foods-contracted chicken farm in Virginia depicted employees of both the factory and Tyson freely acknowledging that the "free range" label doesn't actually mean anything, and that "free range" birds often "don't go outside."
Why Wasn't Petaluma Poultry Investigated by Law Enforcement?
Though it's unclear why local law enforcement hasn't pursued any investigations into the allegations against Petaluma Poultry, DxE's director of communications has some ideas.
"It would be a massive undertaking for any government agency, no matter how well-staffed they actually might be, to suddenly address the systemic animal cruelty that we know is happening in factory farms," Cassie King, director of communications at DxE tells Sentient. "If they put their foot in the door and acknowledge that it's their responsibility to address these crimes, then there's a landslide of new cases they need to take on, and it's just a huge amount of work."
It also bears mentioning that chicken farms are an enormous part of Petaluma's local economy, and have been for quite some time. Once referred to as "the egg basket of the world," Petaluma was the birthplace of several egg-related technologies at the turn of the century, and pumped out over a half a billion eggs every year at its peak in 1945.
Although the city isn't quite the egg powerhouse it once was, chickens are still big business in Petaluma. Though official estimates are difficult to come by, the city is home to at least seven chicken farms large enough to qualify as factory farms, and those facilities collectively house around 1.8 million chickens at any given time, according to a 2024 analysis by an activist group that opposes factory farms.
To be clear, there's no evidence that the poultry industry's strong presence in Petaluma has played any role in law enforcement's response to allegations of cruelty at the city's chicken farms. But the fact that the Petaluma Police Department publicly celebrates the city's poultry industry, and participates in the annual Butter and Eggs Day festival in a non-law enforcement capacity, is not lost on DxE activists.
Rosenberg Awaiting Trial
For her part, Rosenberg maintains that her actions were legal. She cites the doctrine of necessity, a legal theory holding that it's sometimes permissible to break a law if doing so prevents even greater harm from occurring.
"For example, if a kid is drowning in your neighbor's pool and no one is helping that kid, you have the right to trespass into your neighbor's yard to rescue the kid," Rosenberg says.
How this defense plays out in court remains to be seen, but it's essentially the same argument Hsiung's attorneys successfully used in the Utah case. In the meantime, Rosenberg says she's been encouraged by the public reaction to her case (Paris Hilton is a prominent supporter), and doesn't regret her actions even if they do land her in prison.
"A few years of my freedom is worth significantly less than even one animal's entire life, and certainly less than four animals' entire lives," Rosenberg says. "And so it's absolutely worth it to me on that level."
Seth Millstein wrote this article for Sentient.
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