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A typical pen format for swine in many Iowa animal feeding operations A confined swine feeding operation is shown in this photo. Congress is once again taking aim at state animal welfare laws regarding livestock confinement. (Photo by Kent Becker/U.S. Geological Survey)

Farm animal welfare rules might be rolled back by Congress

by Kevin Hardy, Iowa Capital Dispatch
June 4, 2026

Congress is looking to roll back state animal welfare laws as it wrangles over reauthorization of the federal farm bill.

The farm bill, which Congress generally reworks every five years, includes money and federal rules for food assistance programs, farm subsidies, and other ag-related programs.

A pending version of the legislation includes the Save Our Bacon Act, which would block states from regulating the raising of livestock. The measure takes direct aim at California’s Proposition 12, which requires farms to meet specific standards providing animals freedom of movement, cage-free confinement and minimum floor space.

A key component of California’s law effectively bans hog sow farms from using gestation crates — pens so small that mother pigs can’t even turn around. Currently, at least 15 states ban battery cages for egg-laying hens, gestation crates for sows or veal crates for calves.

California’s law includes protections for egg-laying hens, but the current farm bill proposal that Congress is considering specifically excludes them.

The California law also bars retailers from selling meats raised in other states that don’t meet the state’s standards. Opponents say that provision places a heavy burden on producers across the country who must meet different standards for different markets.

“This legislation will stop out-of-touch activists — who don’t know the first thing about farming — from dictating how Iowa farmers do their job,” U.S. Rep. Ashley Hinson, an Iowa Republican, said when introducing the Save Our Bacon Act last year.

But supporters of the California law say consumers increasingly demand higher animal welfare standards. They note that farmers outside of California are free to ignore the law — if they choose not to sell into the nation’s most populous state.

A spokesperson for the California Department of Food and Agriculture, which enforces Proposition 12 regulations, said the agency could not comment on pending legislation.

California Assemblywoman Esmeralda Soria, the Democratic chair of the agriculture committee, said voters “spoke clearly” when more than 62% approved the 2018 ballot measure.

“Taking Prop 12 away now, would create long term uncertainty and disruption to California meat and egg production,” Soria said in a statement. “We can do better for California agriculture, and for the millions of people who rely on stable and affordable food systems.”

Following an unsuccessful legal challenge to Proposition 12 by pork producers, lawmakers and ag interests have been pushing for years for federal action to block similar laws. While a similar anti-Proposition 12 measure was introduced in 2023 farm bill negotiations, the effort has gained some momentum after receiving bipartisan support in the U.S. House of Representatives, which approved the farm bill legislation by a 224-200 vote in late April. It’s now the subject of Senate negotiations.

The yearslong debate over agricultural regulations has inflamed tensions between states and the feds over who should regulate various sectors of the economy, mirroring ongoing debates about artificial intelligence and online prediction markets.

An issue of state autonomy

Most of the focus has centered on California, which has the world’s fourth largest economy. But opponents say the congressional proposal could upend hundreds of state laws and regulations.

An analysis by Harvard Law School’s Animal Law and Policy Clinic concluded that the Save Our Bacon Act could affect more than 600 state agricultural regulations, including seafood labeling requirements, food safety regulations and state restrictions aimed at preventing the spread of pests and diseases, such as the New World screwworm.

“Congress would be overturning the results of democratic elections and devaluing animal welfare investments made by livestock producers across the country,” researchers wrote, noting it would take years for regulators and courts to sort out implementation of the legal change, creating years of uncertainty for regulators, consumers and producers.

Texas Agriculture Commissioner Sid Miller said he doesn’t agree with California’s mandates but said he would “defend to my dying day California’s right to self-determination.”

In an interview, Miller said Proposition 12 has driven up the price of eggs and pork. But he said the Constitution’s 10th Amendment clearly endows states with such power by reserving for the states those powers not delegated to the federal government.

“It is what it is,” he said. “I’m ready to move on and accept Prop 12.”

Miller, who recently lost the Republican primary for reelection, said producers who have poured millions into revamping their operations to ensure more space for animals would be “up a creek without a paddle” if the law is blocked by Congress.

“They spent all that money for nothing if that happens,” he said.

Proponents say consumers are already demanding higher standards.

“No one is mandated to sell in California, and I think that’s a really important piece of this. This is all market driven, and so there are other options,” said Alicia Prygoski, strategic legislative affairs manager for the Animal Legal Defense Fund, a nonprofit advocating for animal protections.

Prygoski characterized Proposition 12 as a “common sense, reasonable measure” that allows animals the freedom to move and exhibit natural behaviors. She rejected arguments that such animal welfare laws create a burdensome patchwork of regulations for farmers, noting that states already have a variety of ag rules regarding animal imports, noxious weed transportation and zoonotic diseases.

‘We care a lot about our animals’

Trish Cook, who raises about 40,000 pigs per year on her family’s Iowa farm, said large-scale swine operations like hers rely on scientific guidance from groups such as the American Veterinary Medical Association and American Association of Swine Veterinarians.

Cook is a board member of the Iowa Pork Producers and the National Pork Producers Council, the latter of which unsuccessfully sued to block California’s Proposition 12. In 2023, the U.S. Supreme Court in a 5-4 decision upheld California’s rules.

In April, the organization and the American Farm Bureau Federation wrote to congressional leaders arguing that Proposition 12 has created uncertainty across rural America, especially on small and medium-size farms that can’t afford to retrofit barns. The letter was signed by nearly 400 agricultural groups.

The issue is particularly relevant in Iowa, by far the nation’s largest pork producer with nearly one-third of American hogs raised there.

Cook said most pig farmers she knows are not producing Proposition 12-compliant pork because California’s demand is being met. But, she said, Congress must protect farmers before more states pass different rules and regulations.

“I do still feel like it’s really important that we get a fix for things like Prop 12, because this is just the beginning,” she said.

Cook said consumers across the country should have access to her pork products without following “arbitrary” rules created by state ballot measures. As an example, she cited the California requirement that each sow have access to 24 square feet of usable floor space. That footage allows the sow to turn around completely within its pen.

“If you didn’t enjoy raising pigs, you wouldn’t be in the business,” she said. “So we care a lot about our animals, we care about taking care of them, having them in the best facilities, and being comfortable with the climate that we provide them.”

Some producers, though, say they are troubled by the confinement systems commonly used in industrial agriculture.

“Keeping a 500-pound gestating sow in a metal crate where she can’t ever turn around for the vast majority of her adult life is simply not good animal husbandry,” said Alicia LaPorte, senior director of communications and impact at Niman Ranch, a national network of hundreds of farms producing what they call humanely raised meat.

Although Niman’s 500 hog farms have always been crate free, LaPorte said they have spent time and money ensuring compliance with California’s Proposition 12. She said the proposed legislation in Congress would pull the rug out from under family farmers who played by the rules and made huge investments to comply.

“They are actively devaluing these investments, disrupting stable markets and putting forward-thinking family farms at financial risk,” she said.

By moving away from confinement to more humane practices like group housing, LaPorte said producers can see increased profitability through improved sow health, lower stress and higher conception rates. And growing demand for such products pushed laws like Proposition 12 in the first place.

“The consumer drove the change,” she said, “and policy secured the marketplace.”

Stateline reporter Kevin Hardy can be reached at khardy@stateline.org. 

Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com.