Cracks appear in push for egg law

Some animal activists, farm groups line up against it

By DAN WHEAT

Capital Press

Several farm groups and animal rights organizations oppose federal legislation setting a national welfare standard for egg-laying hens.

HR3798, introduced this week by U.S. Rep. Kurt Schrader, D-Ore., and three California co-sponsors, embodies a July agreement between United Egg Producers and The Humane Society of the United States.

Humane Farming Association, which is based in San Rafael, Calif., has launched a petition drive against what it calls the "Rotten Egg Deal." The association says it:

* Forever locks hens in cages of only 8 square inches more space per bird, 124 square inches up from 116.

* Nullifies existing state laws that ban or restrict battery cages, like California's Proposition 2.

* Takes away voter and states' rights to pass laws or ballot measures banning cages.

* Codifies UEP egg price-fixing schemes against which lawsuits are pending.

"It stinks to high heaven that two private organizations (HSUS and UEP) believe they can dictate to the rest of the country whether they retain voting rights and states' rights to regulate what happens within their borders," said Bradley Miller, HFA president.

"They are free to cut a deal, but our voting rights and state laws are not theirs to give away. They don't own them," Miller said.

Mitch Head, UEP spokesman, said the bill nearly doubles cage space per bird from 67 to 124 square inches.

"We're doing what consumers, egg farmers and the largest humane organization supports, and HFA is a tiny, tiny fringe group," Head said.

By nullifying state laws that ban or restrict cages, HR3798 gives California egg producers relief from Proposition 2, which both sides agree bans cages, Miller said.

The bill, referred to the House Agriculture Committee, is co-sponsored by California U.S. Reps. Elton Gallegly and Jeff Denham, Republicans, and Democrat Sam Farr.

Chris Huckleberry, Schrader's legislative director, verified the bill would nullify state laws and prohibit new state laws or ballot measures regulating egg production.

"The whole idea is federal standards for consistency for animal welfare and to allow farmers to maintain their business models," Huckleberry said.

"Our bill has the support of all the major animal welfare groups. HFA is more of a fringe group. They want all hens cage-free. They want to continue to push state initiatives which are completely unfeasible," he said.

The bill requires the nation's egg producers to switch from battery to larger, enriched-colony cages for egg-laying hens over 15 to 18 years at a cost UEP has estimated at $4 billion.

It is opposed by the American Farm Bureau Federation, the National Pork Producers Council, the National Cattlemen's Beef Association and five other groups that fear a precedent of federal law governing animal care will ultimately hurt their members' livelihoods.

Huckleberry said animal rights groups supporting the bill include the American Society for the Prevention of Cruelty to Animals, Farm Sanctuary, Mercy for Animals, Compassion Over Killing, Animal Legal Defense Fund, World Society for Protection of Animals and Compassion in World Farming.

Miller said animal rights groups that oppose the bill include Friends of Animals, Animal Welfare Institute, United Poultry Concerns and Associated Humane Societies.

Miller said he would not consider joining forces with ag groups at the other end of the spectrum, like pork and beef producers. But, he said, there's enough in the bill "for everyone to hate" and that cumulative opposition should make it "dead on arrival."

Many in animal rights organizations are upset with HSUS for selling out to UEP, Miller said.

"They cut a deal for the exact opposite of what we intended. They support cages and deny states' rights and ballot measures. It's a complete flip-flop. Many people are upset with them," Miller said.

HSUS has its "tagalongs" and thinks it owns the animal protection movement, but it does not, he said.