Saying that eggs and bacon cost too much, the federal government is citing the Supremacy Clause to strike down California’s Proposition 12.   

That’s the bottom line for a 16-page complaint for declaratory and injunctive relief filed on July 9 by the U.S. Department of Justice in U.S. District Court for the Central District of California.  

Proposition 12 was approved by California voters in 2018 as a ballot measure with 63 percent of the vote. It mandates minimum space requirements for breeding pigs, egg-laying hens, and veal calves. Anyone selling those products into the California marketplace must be Prop 12 certified, meaning the law applies to producers beyond the borders of California if they wish to sell their products in the state.

Proposition 12 has survived previous court challenges.  The Supremacy Clause means federal law expressly preempts state law wher Congress, acting within its constitutional authority, expresses an intent to preempt state law through explicit statutory language.

“The State of California has contributed to the historic rise in egg prices by imposing unnecessary red tape on the production of eggs, the complaint charges. “Through a combination of voter initiatives, legislative enactments, and regulations, California has effectively prevented farmers across the country from using a number of agricultural production methods which were in widespread use — and which helped keep eggs affordable.”

After 2022, with Prop 12 in full effect, egg prices soared and became a frequently cited measure of inflation. Some people say the increase in prices is due to the destruction of flocks to curtail the spread of bird flu.

Proposition 12 defines “cage-free housing system” as “an indoor or outdoor controlled environment for egg-laying hens within which hens are free to roam unrestricted; enrichments are provided that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and within which farm employees can provide care while standing within the hens’ usable area floorspace.”

The other commonly used practice for housing egg-laying hens is to confine them to individual cages.

“California’s codified purpose in prohibiting the sale of eggs that are produced through various accepted animal husbandry practices is purported to increase the quality and fitness for human consumption of eggs and egg products sold in California, the DOJ complaint continues,” the federal government argues.

“But California’s egg standards do not advance consumer welfare. For example, concerning California’s most recent voter initiative imposing new standards of egg quality, Proposition 12, the California Department of Food and Agriculture has stated in its regulatory analysis that despite the initiative’s purported concern for consumer health and safety, the egg standards are not based on specific, peer-reviewed, published scientific literature or accepted as standards within the scientific community to reduce human food-borne illness. . . or other human or safety concerns.

“California’s regulation of eggs has, however, been effective in raising prices for American consumers,” it continues. “Indeed, Proposition 12 alone has caused a significant increase in egg prices, and therefore led to a sizeable reduction in consumer surplus.”

“Regardless of the intent or effect of California’s various initiatives on egg prices, it is the prerogative of the federal government alone to regulate the quality, inspection, and packaging of eggs,” according to the complaint. “In 1970, Congress passed the Egg Products Inspection Act (EPIA), which sets forth requirements to ensure that eggs and egg products are wholesome and correctly labeled and packaged to protect the health and welfare of consumers of these products.”

Secretary of Agriculture Brooke Rollins claims egg prices have decreased 63 percent since the USDA in February implemented its five-point plan to combat avian flu.

“California has gone rogue and caused real harm to consumers under its cage-free egg commitments,” Rollins said. “By not allowing consumer choice, Californians are forced to buy more expensive eggs. California’s actions under Proposition 12 fly in the face of Federal jurisdiction and regulation over food production and safety under the Egg Products Inspection Act.  It is one thing if California passes laws that affect its own state, it is another when those laws affect other states in violation of the U.S. Constitution.”