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22 Hastings Women's L.J. 317 (2011)
Taking (Live)Stock of Animal Welfare in Agriculture: Comparing Two Ballot Initiatives

handle is hein.journals/haswo22 and id is 327 raw text is: Taking (Live)Stock of Animal Welfare in
Agriculture: Comparing Two Ballot Initiatives
Neil Thapar*
On November 4, 2008, California voters passed Proposition 2 with
63.5% of the vote. Proposition 2 (Prop 2), a historic ballot initiative,
prescribed for the first time in state history, statewide standards of care for
livestock.' Within a year, on November 3, 2009, Ohio voters passed Issue
2, another historic ballot initiative.   Issue 2 amended the Ohio state
constitution and delegated the task of creating substantive standards of care
for the state's livestock to a Livestock Care Standards Board. Although
both initiatives relate to the welfare of animals in agriculture, and both
passed by an overwhelming majority, the similarities end there. While
other states have addressed animal welfare issues in agriculture, California
and Ohio are far more significant producers of animals for food than any of
those states, signaling the bona fide entrance of animal welfare into the
mainstream of American agricultural politics.2
California's Prop 2 amended the California Health and Safety Code to
prohibit confining any covered animal3 for all or the majority of any
day, in a manner that prevents it from lying down, standing up, fully
* Notes Editor, Hastings Women's Law Journal, 2010-11; J.D. Candidate, 2011,
University of California, Hastings College of the Law; B.A., 2007, University of California,
Los Angeles. The author would like to thank the Hastings Women's Law Journal for its
commitment to publishing this Note. He offers his gratitude to David Nims, Katy Edwards,
Leeja Patel, Aishlin Hicks, Erin Emmer, and Caitlin Tallon for their dedication and
continued effort during the editing process.
1. November 4, 2008 General Election Supplement to the Statement of Vote - Statewide
Summary by County for State Ballot Measures, CAL. SEC'Y ST., http://www.sos.ca.gov/electi
ons/sov/2008 generall (follow  Statewide Summary Propositions hyperlink under
Statewide Measures heading) (last visited Mar. 8, 2011).
2. California is the largest dairy producer, seventh-largest beef cattle producer, and
seventh-largest poultry and eggs producer in the United States. See USDA, NASS, 2007
Census ofAgriculture State Profile, available at http://www.nass.usda.gov/Statistics by
State/AgOverview/AgOverview CA.pdf; Ohio is the second-largest egg producer, ninth-
largest pork producer by weight, and eleventh-largest milk producer in the United States,
see USDA, NASS, Ohio Agriculture: A Profile, available at http://www.nass.usda.gov/
Statistics byState/Ohio/Publications/PROO7.pdf.
3. A covered animal is any pig during pregnancy, calf raised for veal, or egg-laying
hen who is kept on a farm. CAL. HEALTH & SAFETY CODE § 25991(b) (West 2006).




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