HSUS Files Suit Challenging Tax Break for Caging of Hens in California

SAN FRANCISCO — Today, The Humane Society of the United States (HSUS) filed suit challenging the state of California's practice of granting factory farms a tax exemption for purchases of "battery cages"—wire enclosures used to intensively confine egg-laying hens.

In California, factory farm egg producers confine several hens in each battery cage, in which each bird has only an average of 67 square inches, and the animals cannot walk, stretch their wings, or engage in nearly any of their natural behaviors—even though the state animal cruelty law clearly prohibits confining any animal without providing an adequate exercise area.

Poultry welfare experts have harshly criticized battery cages for denying confined birds the ability to exercise or even stand in a normal posture. Due in large part to the intensive confinement, battery-caged hens frequently suffer from weakened, deteriorated and broken bones, severe pain, and even immobilization, leaving the birds unable to reach food and water.

"As more and more California businesses remove battery cage eggs from their shelves, it is high time for the state to stop subsidizing the illegal abuse of millions of caged hens," said Wayne Pacelle, president and CEO of The HSUS. "The state is squandering the taxpayers' hard-earned money to prop up discredited and demonstrably inhumane battery cage practices that represent the past—not the future—of California's agricultural economy."

In 2001, the California Legislature created a tax exemption for purchasers of agricultural equipment. However, the State Board of Equalization has long recognized that its authority to administer the state tax laws "must be exercised so as not to confer permissive authority on a person to embark on, or continue, an illegal activity."

Accordingly, The HSUS and individual plaintiffs have filed suit to prohibit the state from granting tax breaks that subsidize criminal animal cruelty.

In response to consumer demand for more humane products, several California egg producers already successfully market cage-free eggs, including Judy's Family Farm, Eggology, Clover Stornetta Farms, and Chino Valley Ranchers. And several major retailers, food suppliers, and universities—including Whole Foods Market, Wild Oats Natural Marketplace, Trader Joe's, Bon Appétit Management Company, George Washington University, and University of New Hampshire—have either eliminated or greatly reduced their reliance on eggs from caged hens.  In California, University of San Francisco, the latest institution to join this growing trend, will soon be implementing a policy moving away from cage eggs.

"California taxpayers should not be forced to subsidize the inhumane confinement of millions of laying hens in tiny wire cages," said Jonathan Lovvorn, vice president of Animal Protection Litigation for The HSUS.  "State officials should be punishing, not rewarding, egregious violations of the state's animal cruelty laws."

The Humane Society of the United States is the nation's largest animal protection organization with 9.5 million members and constituents. The HSUS is a mainstream voice for animals, with active programs in companion animals and equine protection, disaster preparedness and response, wildlife and habitat protection, animals in research and farm animal welfare. The HSUS protects all animals through education, investigation, litigation, legislation, advocacy, and field work. The non-profit organization is based in Washington and has field representatives and offices across the country. On the web at hsus.org.

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