Egg Farmer Calls California Cage Limitations Unconstitutional

A California egg farmer has filed a lawsuit challenging the constitutionality of Proposition 2 (Prop. 2), a voter-approved ballot initiative that, beginning January 1, 2015, will subject egg producers to criminal sanctions for confining egg-laying hens to cages preventing them from “lying down, standing up, and fully extending . . . [their] limbs” and “turning around freely.” Cramer v. Brown, No. 12-03130 (C.D. Cal.,  filed April 10, 2012). Contending that Prop. 2 violates his due process rights because it is vague and will result in arbitrary enforcement, the plaintiff claims that he and others will likely shut down their farms before the effective date and that the price of eggs will skyrocket for state consumers and supply shortages will occur if it goes into effect.

The plaintiff also alleges that Prop. 2 violates the Commerce Clause by
failing to provide local benefits and greatly burdening interstate commerce.
According to the complaint, “when California egg farmers shut down their
operations, billions of eggs in the national supply chain will be affected.
Relocation of farms will be expensive, and that cost will be borne by egg
consumers.” The plaintiff notes that proposed federal legislation which would
establish specific cage-size requirements, if enacted, will preempt the state
law; the bill is attached to the complaint as an example of statutory language
that is not vague. The court is requested to declare Prop. 65 unconstitutional
and enter preliminary and permanent injunctive relief to prohibit its
enforcement.