AWI Report Details Feeble Enforcement of State Farmed Animal Welfare Laws

Legal protections for farmed animals in the United States are few and far between—especially while the animals remain on farms, prior to being transported to slaughter. No federal law explicitly regulates the on-farm treatment of animals (other than the small percentage raised organically). Instead, the scant safeguards that exist for the vast majority of farmed animals are a confusing assortment of state provisions that vary widely in their scope, strength, and enforcement.

Although all states have enacted animal cruelty laws that broadly prohibit animal abuse and neglect, most limit the extent to which such laws apply to animals raised for food. A minority of states, however, have enacted laws specifically designed to offer protections to farmed animals during the time they are on farms. These provisions generally fall into three categories: (1) minimum animal care standards (such as requirements for food, water, and veterinary care); (2) prohibitions on specific conventional industry practices (such as the use of cages for egg-laying hens or the extreme confinement of pigs); and (3) bans on the sale of products from producers that do not meet the state’s care requirements (such as eggs from caged hens or pork from pigs subjected to extreme confinement).

In 2019 and 2023, AWI requested records from every state with specific on-farm animal protection laws or regulations to determine whether and to what extent they were being enforced. Encouragingly, between the two survey periods, the number of states with such laws and regulations rose from 16 to 18, and the number of provisions increased from 31 to 44. However, the records we received include evidence (often minimal) of enforcement activity involving only 12 of these 44 provisions, within 10 of the 18 states. 

The following summaries briefly describe what our survey revealed about these 10 states’ enforcement of the 12 provisions. For further analysis of the laws, regulations, and enforcement mechanisms in all 18 states, see our report, Enforcement of State Farmed Animal Welfare Laws.

*Statute and requirements were modified during the survey period.
**Years separated by a slash indicate multiple laws enacted on this type of protection. Years separated by a dash indicate a phase-in period for a single law.

Alaska
Alaska’s Department of Environmental Conservation (DEC) adopted minimum care standards in 2017 that cover all animals, including specific provisions for cattle and other ruminants and pigs. The records received from the DEC were in the form of emails showing that the DEC received 10 complaints between August 2019 and February 2023 from private citizens and employees of other state agencies. Of those, four complaints related to concerns about living conditions of reindeer, elk, horses, bison, and cattle. The records did not indicate the outcome of any of the complaints, and Alaska’s response suggested general confusion regarding which state authorities had jurisdiction to investigate or enforce the care standards. 

Arizona
Arizona prohibits the in-state use of crates for gestating sows and veal calves, and requires that egg-laying hens be raised in accordance with the general animal care guidelines of the United Egg Producers trade association and—as of October 2022—given at least one square foot of space. Since that date, all eggs sold in the state must also come from hens housed in this manner. The Arizona Department of Agriculture did not release any records related to the enforcement of the crate prohibitions and reported no violations of its egg-laying hen standards. Regarding the sales ban, the records indicated that, of 30 holds put on batches of eggs for lack of proof of compliance, 23 were withdrawn after compliance was demonstrated, four were released because the eggs were packaged prior to the law’s effective date, two resulted in the destruction of the eggs on location, and one resulted in the eggs being returned to the producer.

California
California has enacted more legal protections for farmed animals than any other state. Most recently, in September 2022, the California Department of Food and Agriculture (CDFA) finalized regulations enforcing Proposition 12, a ballot measure that established minimum space requirements for breeding sows, egg-laying hens, and calves raised for veal. It also prohibited the sale of pork, eggs, and veal from animals raised in intensive confinement, regardless of origin. Despite the state’s many legal requirements, however, the CDFA provided very little evidence of enforcement. The department indicated it was conducting one investigation into a violation of the Prop 12 egg regulations; it provided no records related to violations of any other farmed animal provisions.

Colorado
Colorado has prohibited the in-state use of gestation and veal crates since 2012. A violation of either prohibition is a misdemeanor; however, neither statute requires producers to affirmatively confirm compliance. Instead, enforcement occurs in response to complaints. Thus, unsurprisingly, there were no records of any violations.

In 2020, Colorado also enacted a law phasing out the in-state production and sale of eggs from caged hens. Regulations require farmers whose eggs will be produced or sold in the state to apply for and obtain a certificate of compliance. The state records officer indicated that the department had thus far received 154 applications and issued 75 certificates.

Indiana
Indiana’s Board of Animal Health (BOAH) adopted regulations requiring minimum standards of care for farmed animals in 2011. Records indicated that, between September 2019 and the end of 2022, BOAH conducted 149 welfare-related investigations, 39 of which resulted in oral or written warnings. Under the law, BOAH has the authority to impose penalties or seek court orders to ensure that minimum care standards were met. However, AWI received no record of either BOAH or law enforcement imposing any penalty or issuing any corrective order under the animal care standards. Instead, poor treatment of farmed animals was punished only when it amounted to a violation of the state’s animal cruelty statutes.

Massachusetts
Massachusetts voters approved an initiative in 2016 prohibiting (1) confinement of animals in a manner that prevents them from “lying down, standing up, fully extending limbs, or turning around freely” and (2) the sale of products derived from animals so confined. In 2021, the legislature shifted enforcement authority from the Office of the Attorney General (AGO) to the Massachusetts Department of Agricultural Resources (MDAR); thus, during the survey period, both the AGO and MDAR held enforcement authority. In response to AWI’s request for records, the AGO provided a single letter sent to Costco following a self-reported violation. MDAR said it had no responsive records.

New Jersey
New Jersey has the most extensive history of enforcing farmed animal care standards. New Jersey Department of Agriculture regulations adopted in 1996 direct any state or local authority (such as the state veterinarian) that determines a severe violation has occurred to initiate enforcement or penalty proceedings. Records produced by the department indicate that, between September 2019 and the end of 2022, there were 129 farmed animal welfare investigations. Of those, 44 resulted in corrective actions taken by the department, including warnings and referrals to law enforcement for prosecution. 

Ohio
Ohio established the Ohio Livestock Care Standards Board in 2009. AWI and other animal protection organizations urged the board to enact strong standards, with some success: Veal crates and tail docking of dairy cattle were phased out by the end of 2017, and gestation crates must be phased out by 2025. The Ohio Department of Agriculture investigates complaints and enforces rules adopted by the board. Between September 2019 and March 2023, the department conducted 101 investigations, 36 of which resulted in notices of violation. Fines, however, were levied in only five cases.

Rhode Island
Rhode Island adopted minimum farmed animal care standards in 2016. In addition, it enacted laws prohibiting tail docking of dairy cattle and the use of gestation crates and veal crates in 2012 and 2019, respectively. During the survey period, the state’s Division of Agriculture issued 12 notifications of intent to enforce; however, only one resulted in a finding of violation and a $500 penalty.

West Virginia
West Virginia adopted minimum livestock care standards in 2015. The governing statute directs complaints to be filed with local law enforcement and forwarded to the state’s Department of Agriculture and its Livestock Care Standards Board. In response to AWI’s request, the state provided records indicating that, during the survey period, 10 complaints had been lodged relating to the care standards. However, the records contained no details of the investigations or their dispositions, because after (and likely in response to) the release of AWI’s first survey, the West Virginia legislature passed a law exempting those records from public disclosure.

In sum, although several new laws have passed since AWI’s last survey, there does not appear to be a significant increase in enforcement, and enforcement in many states continues to be lacking. All of these protection laws—whether minimum livestock care standards, prohibitions on extreme confinement, or sales bans related to such prohibitions—have the potential to improve the welfare of a significant portion of the billions of farmed animals raised in the United States. However, the way the laws are drafted (for example, whether they actively require producers to demonstrate compliance, or passively rely on the submission of complaints), and the extent to which they are enforced, can determine their efficacy. Animal advocates, legislators, and policymakers should look carefully at how states have crafted and implemented these laws, learn from their shortcomings and strengths, and use that information to inform the development of additional, impactful provisions in the future.