Yes on Prop 2 - Californians for Humane Farms, the proponents of an anti-cruelty ballot initiative that will provide basic protections to California farm animals, filed a lawsuit yesterday in federal district court against the U.S. Department of Agriculture (USDA) and the American Egg Board (AEB) over the unlawful expenditure of $3 million in federal funds to campaign against the enactment of Prop 2 this November.
Prop 2 will prohibit the most abusive factory farming practices in California, and ensure modest animal welfare standards for farm animals by allowing them simply to turn around and extend their limbs.
As reported in Egg Industry magazine, the AEB “unanimously passed a motion at its 2007 fall meeting in California that $3 million be held in reserve to assist the state if necessary in the industry’s current battle with animal activists [concerning] a referendum on the November 2008 ballot that would eliminate cage production in California.”
“Agribusiness firms are already spending millions to defeat Proposition 2, and they hardly needed an illegal infusion of check-off funds authorized by the USDA to supplement their political campaign,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “Expending these funds within 90 days of the election is a transparent attempt to influence the vote on Proposition 2. The egg industry and USDA had 49 other states in which to spend this money, but it chose to do so in California right before the election and that’s unethical and illegal.”
As a federal commodity promotion program, the AEB is strictly prohibited from expending any checkoff program funds “for the purpose of influencing governmental policy or action.” 7 U.S.C. § 2707(h). In turn, the USDA is required to approve all AEB expenditures, and ensure that AEB’s activities are limited to non-political advertising, education, research and marketing.
Internal agency documents received by the Yes on Prop 2 campaign show that USDA officials are aware of the unlawful purpose for which the AEB set aside the $3 million, and that AEB intends to give federal funds to private individuals or trade industry groups to spend in opposition to the ballot initiative.
For example, an email between officials of the USDA’s Poultry Programs office states that “California egg producers are undertaking a campaign to defeat the measure.” The email also states that “the American Egg Board voted . . . to set aside $3 million” to support these efforts. These statements were repeated in a Weekly Activity Report of the USDA Poultry Programs.
The Yes on Prop 2 campaign contacted the USDA and the AEB directly in an attempt to resolve this matter. The group requested that the USDA disallow any AEB activities in California intended to influence voter opinion on the ballot initiative. These requests were denied.
“Industry groups are already gearing up to blitz the public with propaganda advocating that farm animals be confined in tiny cages where they cannot even turn around and extend their limbs,” noted Farm Sanctuary president Gene Baur. “We don’t know if they’ve yet used funds from AEB’s coffers, but it’s in the public interest to put a stop to any unlawful use of federal funds immediately.”
The Yes on Prop 2 campaign is a broad and diverse coalition of animal protection groups, family farmers, veterinarians and public health professionals, who want to ensure animals raised for food are given the basic humane treatment they deserve. The coalition boasts a long list of endorsements from leading organizations including the California Veterinary Medical Association, Sierra Club-California, the Center for Food Safety, the California Democratic Party, the Consumer Federation of America, Defenders of Wildlife, the Union of Concerned Scientists, the Cesar Chavez Foundation, the ASPCA, Clean Water Action, the San Diego County Veterinary Medical Association, and dozens of others. Notable individuals who have endorsed Prop 2 include U.S. Senators Barbara Boxer and Dianne Feinstein, state schools chief Jack O'Connell; Mayors Antonio Villaraigosa (Los Angeles), Gavin Newsom (San Francisco), and Heather Fargo (Sacramento); Democratic and Republican legislative and congressional representatives; more than 600 California veterinarians, nearly 100 California family farmers, more than 300 California small business owners, and the leaders of more than 80 California church congregations.
To learn more about the Yes on Prop 2 - Californians for Humane Farms campaign, visit YESonProp2.com.
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YES on Prop 2 - Californians for Humane Farms sponsored by The Humane Society of the United States, Farm Sanctuary and other animal protection groups, family farmers, veterinarians and public health professionals.
