Trump Administration Targets Bird Flu and California Law
USDA Announces Plan to Combat Bird Flu
In a Wall Street Journal op-ed, U.S. Secretary of Agriculture Brooke Rollins wrote that egg prices had jumped 237% since January 2021, rising from a national average of $1.47 per dozen to $4.95 a dozen. Rollins attributed the increase to bird flu and the Biden administration.
USDA’s Multipronged Strategy
To “restore stability to the egg market over the next three to six months,” the USDA will invest nearly $1 billion to “curb this crisis and make eggs affordable again.” The agency will cut “hundreds of millions of dollars of wasteful spending” and redirect those funds toward “long-term solutions to avian flu.” These efforts will include investing in new biosecurity measures, providing financial relief for farmers who have lost their flocks, and exploring “vaccines and therapeutics for laying chickens.”
Targeting California’s Proposition 12
The USDA will also target California’s Proposition 12, known as the Prevention of Cruelty to Farm Animals Act, which establishes minimum space requirements for egg-laying hens, breeding pigs, and calves raised for veal. The law bans California businesses from selling eggs from chickens that don’t meet the requirements, forcing both California farmers and out-of-state suppliers to conform to the law.
Farmers and Researchers Express Concerns
Bill Mattos, president of the California Poultry Federation, expressed concerns about the potential reversal of the law, stating that California egg farmers have already invested millions of dollars in upgrading and adapting their farms to meet the new regulations. Reversing the law would put California poultry farmers at a huge economic disadvantage.
Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy, argued that the plan is not a constructive solution against bird flu, but rather a plan to dismantle a mainstream production strategy in the American egg industry.
Experts Weigh In
Maurice Pitesky, a veterinarian and UC Davis poultry expert, said it’s simple economics: the law reduces supply, and as a consequence, prices go up. “California can’t provide more supply as easily as states that don’t have these welfare laws,” he said.
Erwin Chemerinsky, dean of UC Berkeley’s Law School, noted that Congress could pass a federal statute that preempts state law, including state laws adopted by initiative, or give the USDA authority to preempt the law.
Conclusion
The Trump administration’s plan to combat bird flu and California’s Proposition 12 has raised concerns among farmers, researchers, and legal scholars. While the plan aims to “restore stability to the egg market,” it may have unintended consequences for California’s poultry industry and the state’s consumers.
FAQs
* What is the goal of the USDA’s plan to combat bird flu?
+ To “restore stability to the egg market over the next three to six months” by investing nearly $1 billion in long-term solutions to avian flu.
* What is Proposition 12, and how does it affect egg production in California?
+ Proposition 12 is a California law that establishes minimum space requirements for egg-laying hens, breeding pigs, and calves raised for veal. It bans California businesses from selling eggs from chickens that don’t meet the requirements, forcing both California farmers and out-of-state suppliers to conform to the law.
* What are the concerns about reversing Proposition 12?
+ Reversing the law would put California poultry farmers at a huge economic disadvantage, as they would have to invest millions of dollars in upgrading and adapting their farms to meet the new regulations. It would also increase the price of eggs in California, as consumers would have fewer options to choose from.
* Can Congress pass a federal statute that preempts state law, including state laws adopted by initiative?
+ Yes, Congress could pass a federal statute that preempts state law, including state laws adopted by initiative. Alternatively, it could give the USDA authority to preempt the law.
