By Carolyn Lochhead, Washington Bureau
Washington -- A voter-approved California law requiring that egg-laying hens be able to spread their wings has become a flash point in negotiations over the $1 trillion farm bill, as Congress considers a measure that could upend dozens of state laws, including California's ban on foie gras and shark-fin soup.
Rep. Steve King, R-Iowa, who calls animal rights groups "the vegan lobby," won approval of a provision in the House version of the farm bill that would ban states from imposing stricter regulations for any farm product sold in interstate commerce beyond what other states require.
Chickens stand in their cage at the Rose Acre Farms, Monday, Nov. 16, 2009, near Stuart, Iowa. About 96 percent of eggs sold in the United States come from hens who live in the so-called battery cages from the day they're born until their egg-laying days end 18 to 24 months later. (AP Photo/Charlie Neibergall)
His immediate target was California's Proposition 2, passed by voters in 2008, which requires that cages for veal calves, pregnant sows and egg-laying hens allow the animals to lie down, stand up, fully extend their limbs and turn around freely. It is set to take effect in 2015.
State farmers' fears
California egg farmers worried that consumers trying to save money would boost demand for cheaper eggs from places such as Iowa, the nation's largest producer, which permits tight confinement of hens in "battery cages." So the California Legislature passed a law in 2009 banning the sale of out-of-state eggs that fail to meet the new animal welfare standards.
King inserted his amendment, the Protect Interstate Commerce Act, into the farm bill in July 2012, arguing that California was in league with "radical animal rights groups" in trying to dictate farming standards for the whole country.
House members are meeting with senators to work out differences in their versions of the farm bill, which will set the nation's food policy for the next five years. Negotiators hope to complete the bill by Thanksgiving and pass it by Dec. 15.
Rep. Jeff Denham, R-Turlock (Stanislaus County), who sits on the House-Senate conference committee along with King, called his fellow Republican's provision "a major complication for the farm bill" rivaling a huge fight over how much to cut food stamps.
Denham opposes King's amendment, which he said would set off "a race to the bottom if we're going to basically set the lowest state standards across the nation."
"States have the right (to legislate), whether I agree or disagree with the laws the states create," Denham said. "It's not the federal responsibility to then go in and undermine those laws."
Return of foie gras?
Wayne Pacelle, president and chief executive of the Humane Society of the United States, which helped pass Prop. 2, said the King amendment is written so broadly that it would eliminate all state laws imposing "a standard or condition" on any farm product.
"Most of agribusiness supports King because in one fell swoop they could eliminate entire classes of laws," Pacelle said, including California's bans on foie gras and the sale or possession of shark fins.
Pacelle said at least 176 state laws, including Iowa's prohibition on the sale of raw milk, would be preempted.
The National Conference of State Legislatures, California's Democratic Sens. Dianne Feinstein and Barbara Boxer, and several House Republicans agree. They have written letters saying the King amendment would preempt 12 state restrictions on interstate sales of firewood aimed at stopping invasive pests, five state laws requiring labels for farm-raised catfish, and other state regulations.
Industry fights laws
Dave Warner, spokesman for the National Pork Producers Council, said the King amendment "protects states' rights."
"It says that one state can't dictate to another state the production practices for agricultural products," Warner said.
The pork and beef industries and the American Farm Bureau want to stop the spread of humane treatment laws across the country. The California Farm Bureau parted ways with its national organization on the issue.
California egg producers, as well as the national egg industry, reached an agreement on national animal welfare standards with the Humane Society of the United States after Prop. 2 passed. Feinstein and Denham tried to get that agreement into the farm bill but were defeated.
Arnie Riebli, co-owner of Sunrise Farms, a million-hen farm in Petaluma, said consumers will ultimately dictate animal confinement rules.
"Walmart, Kroger, Costco, Safeway, you name them, major retailers are not going to be anti-animal welfare," he said. "Their customers won't allow it."
Regulations in place
Riebli said food manufacturers such as mayonnaise makers and fast-food corporations such as McDonald's and Burger King already have animal welfare regulations of their own.
"Do you have to meet retailers' demands?" Riebli said. "No, you don't. You just don't sell to the retailers. They're not going to compromise their situation with you. They're going to tell you what they want and when they want it, and you're doing to do it."
Carolyn Lochhead was the Washington correspondent for the San Francisco Chronicle, where she covered national politics and policy for 27 years. She grew up in Paso Robles (San Luis Obispo County) and graduated from UC Berkeley cum laude in rhetoric and economics. She has a masters of journalism degree from Columbia University. Â Twitter: @carolynlochhead
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