ANIMAL CARE PROGRAM 
CALIFORNIA PROPOSITION 12 (2018) QUESTIONS
AND ANSWERS - JULY 1, 2023 UPDATE 
1. Has implementation for Proposition 12 (2018) (Prop 12) been pushed back to January 1,
2024? 
No. Prop 12 minimum usable ﬂoorspace requirements went into eﬀect for calves and whole veal meat 
on January 1, 2020, for egg-laying hens, shell eggs and liquid eggs on January 1, 2022, and forbreeding pigs and whole pork meat on January 1, 2022.  On September 1, 2022 when Animal 
Conﬁnement regulations were ﬁnalized and went into eﬀect, additional requirements such as distributor registration, third-party certiﬁcation, and shipping document markings requirements wentinto eﬀect.  Refer to 
Important Dates guidance  document on the Animal Care Program’s website  for a 
complete list of previous implementation dates and the upcoming deadline of January 1, 2024, after which producers and distributors are required to be third-party certiﬁed. 
In California Hispanic Chambers of Commerce v. Ross  (Case No. 34-2021-80003765), the 
Sacramento County Superior Court enjoined enforcement of California Health and Safety Code Section 25990(b)(2) related to sales of whole pork meat, but that injunction terminates on July 1,2023, except with respect to noncompliant whole pork meat that: 
1. as of July 1, 2023, is in the possession of an “end-user” (Cal. Code Regs., tit. 3, § 1322, 
subd. (o)) or a “pork distributor” ( id., subd. (t)) or on the premises of an establishment at which
mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et 
seq.) and that holds an establishment number (preﬁx “M”) granted by the Food Safety Inspection Service of the United States Department of Agriculture (“federally-inspected entity”); 
2. is self-certiﬁed by the end-user, pork distributor, or other federally-inspected entity to have 
been in their possession or was in the possession of another end-user , pork distributor, or other 
federally-inspected entity as of July 1, 2023; and 
3. is ultimately sold, transferred, exported, or donated on or before December 31, 2023. 
2. When did Prop 12 go into eﬀect for breeding pigs and whole pork meat sold in California? 
The requirement for a breeding pig to be conﬁned with the minimum usable ﬂoorspace requirement of twenty-four square feet as described in California Health and Safety Code (HSC) Section 25991(e)(3)went into eﬀect on January 1, 2022. Enforcement of that provision and HSC section 25990(b)(2) were enjoined by the Sacramento County Superior Court in 
California Hispanic Chambers of Commerce v. 
Ross  (Case No. 34-2021-80003765), but that injunction terminates on July 1, 2023, except with
respect to noncompliant whole pork meat that: 
1. as of July 1, 2023, is in the possession of an “end-user” (Cal. Code Regs., tit. 3, § 1322, 
subd. (o)) or a “pork distributor” ( id., subd. (t)) or on the premises of an establishment at which
mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et 
seq.) and that holds an establishment number (preﬁx “M”) granted by the Food Safety Inspection Service of the United States Department of Agriculture (“federally-inspected entity”); 
Prop 12 Q & A - July 1, 2023 Update 
Animal Health and Food Safety Services | 1220 N Street, Sacramento, California 95814
Telephone: 916.900.5000 | Fax: 916.900.5332 | www.cdfa.ca.gov/ahfss 1   ANIMAL CARE PROGRAM 
CALIFORNIA PROPOSITION 12 (2018) QUESTIONS
AND ANSWERS - JULY 1, 2023 UPDATE 
2. is self-certiﬁed by the end-user, pork distributor, or other federally-inspected entity to have 
been in their possession or was in the possession of another end-user , pork distributor, or other 
federally-inspected entity as of July 1, 2023; and 
3. is ultimately sold, transferred, exported, or donated on or before December 31, 2023. 
You can also refer to the Important Dates guidance  document on the Animal Care Program's website 
for a complete list of previous implementation dates and the upcoming deadline of January 1, 2024, 
after which producers and distributors are required to be third-party certiﬁed. 
3. What do end-users (3 CCR section 1322(o)) and pork distributors (3 CCR section 1322(t)) do
with noncompliant whole pork meat in their physical possession on July 1, 2023? 
We recognize that current inventory is transient and current stocks of noncompliant whole pork meat will eventually be cleared from pork distributors and retail stores in California.  CDF A understands that 
there will necessarily be a period of transition over the next six months. The declaratory and injunctive 
relief against enforcement of the prohibition on intrastate sales of whole pork meat pursuant to Health and Safety Code Sections 25990(b)(2) and 25991(e)(3), as imposed by the Court in 
California 
Hispanic Chambers of Commerce v. Ross  (Case No. 34-2021-80003765), terminates on July 1, 2023, 
except with respect to noncompliant whole pork meat that: 
1. as of July 1, 2023, is in the possession of an “end-user” (Cal. Code Regs., tit. 3, § 1322, 
subd. (o)) or a “pork distributor” ( id., subd. (t)) or on the premises of an establishment at which 
mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et 
seq.) and that holds an establishment number (preﬁx “M”) granted by the Food SafetyInspection Service of the United States Department of Agriculture (“federally-inspected entity”); 
2. is self-certiﬁed by the end-user, pork distributor, or other federally-inspected entity to have 
been in their possession or was in the possession of another end-user , pork distributor, or other 
federally-inspected entity as of July 1, 2023; and 
3. is ultimately sold, transferred, exported, or donated on or before December 31, 2023. 
CDFA reiterates that for the remainder of 2023, we intend to focus our implementation resources on 
1) outreach to ensure that all distributors who are required to register do so; 2) accreditation of third-
party certifying agents so that when third-party certiﬁcation is required for producers and distributor registrations beginning on January 1, 2024, producers and distributors have more options; 3) certiﬁcation of producers and distributors, and 4) complaint-based investigations. 
Prop 12 Q & A - July 1, 2023 Update 
Animal Health and Food Safety Services | 1220 N Street, Sacramento, California 95814
Telephone: 916.900.5000 | Fax: 916.900.5332 | www.cdfa.ca.gov/ahfss 2   ANIMAL CARE PROGRAM 
CALIFORNIA PROPOSITION 12 (2018) QUESTIONS
AND ANSWERS - JULY 1, 2023 UPDATE 
4. Can distributors place orders of whole pork meat, prior to July 1, 2023, for future shipments
delivered into California after July 1, 2023?  For example, may an end-user or distributor place
orders for noncompliant whole pork meat on June 29, 2023 intending the noncompliant wholepork meat not to be delivered until after September 1, 2023? 
No. Enforcement of Health and Safety Code Section 25990(b)(2) was enjoined by the Sacramento County Superior Court in 
California Hispanic Chambers of Commerce v. Ross  (Case No. 34-2021 -
80003765), but that injunction terminates on July 1, 2023, except with respect to noncompliant wholepork meat that: 
1. as of July 1, 2023, is in the possession of an “end-user” (Cal. Code Regs., tit. 3, § 1322, 
subd. (o)) or a “pork distributor” ( id., subd. (t)) or on the premises of an establishment at which
mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et 
seq.) and that holds an establishment number (preﬁx “M”) granted by the Food Safety Inspection Service of the United States Department of Agriculture (“federally-inspected entity”); 
2. is self-certiﬁed by the end-user, pork distributor, or other federally-inspected entity to have 
been in their possession or was in the possession of another end-user , pork distributor, or other 
federally-inspected entity as of July 1, 2023; and 
3. is ultimately sold, transferred, exported, or donated on or before December 31, 2023. 
CDFA is focused on the orderly transition of whole pork meat in California commerce to compliant product which meets the standards approved by voters in 2018. The above memorializes CDFA's current implementation approach in regards to whole pork meat for the rest of 2023, focusing CDF A's 
implementation resources on 1) outreach to ensure that all distributors who are required to register doso; 2) accreditation of third-party certifying agents so that when third-party certiﬁcation is required for producers and distributor registrations beginning on January 1, 2024, producers and distributors have more options; 3) certiﬁcation of producers and distributors, and 4) complaint-based investigations. 
5. Can noncompliant whole pork meat be sold in California after December 31, 2023? 
No. All noncompliant whole pork meat including that which was in the possession of an end-user (3 CCR section 1322(o)), pork distributor (3 CCR section 1322(t)) or an establishment under mandatory inspection under the Federal Meat Inspection Act and issued an establishment number with the preﬁx of “M” on July 1, 2023 may not be sold in California after December 31, 2023, regardless of when anentity took physical possession of the product. 
6. Does the phrase “is in the possession of” from the California Hispanic Chambers of
Commerce v. Ross  (Case No. 34-2021-80003765) refer to physical possession of noncompliant
whole pork meat? 
Yes. This phrase means that the noncompliant whole pork meat is in the physical possession at a location of an end-user (3 CCR section 1322(o)), pork distributor (3 CCR section 1322(t)) or an establishment under mandatory inspection under the Federal Meat Inspection Act and issued an 
establishment number with the preﬁx of “M” on July 1, 2023. 
Prop 12 Q & A - July 1, 2023 Update 
Animal Health and Food Safety Services | 1220 N Street, Sacramento, California 95814
Telephone: 916.900.5000 | Fax: 916.900.5332 | www.cdfa.ca.gov/ahfss 3   ANIMAL CARE PROGRAM 
CALIFORNIA PROPOSITION 12 (2018) QUESTIONS
AND ANSWERS - JULY 1, 2023 UPDATE 
7. For noncompliant whole pork meat to be eligible for sale in California before December 31,
2023, does the noncompliant whole pork meat have to be in California by 1 1:59pm on July 1, 
2023? 
Noncompliant whole pork meat which was in the physical possession of an end-user (3 CCR section 
1322(o)), pork distributor (3 CCR section 1322(t)), or an establishment under Mandatory inspection 
under the Federal Meat Inspection Act and issued an establishment number with the preﬁx of “M” on 
July 1, 2023 and self-certiﬁed as being in their possession by July 1, 2023 may be sold in California between now and December 31, 2023.  By deﬁnition, end-users are located in California. A pork 
distributor or an establishment under mandatory inspection under the Federal Meat Inspection Act 
and issued an establishment number with the preﬁx of “M” can be located within or outside of
California. 
8. As a pork distributor (3 CCR section 1322(t)) with noncompliant whole pork meat in my
possession on July 1, 2023, how do I comply with the requirements necessary to be issued a
third-party certiﬁcation prior to January 1, 2024?
 
End-users (3 CCR section 1322(o)), pork distributors (3 CCR Section 1332(t)), and establishments
under mandatory inspection under the Federal Meat Inspection Act and issued an establishment 
number with preﬁx of “M” are required to self-certify that any noncompliant whole pork meat sold 
between July 1, 2023, and December 31, 2023, was in their physical possession as of July 1, 2023 or
came from a pork distributor (3 CCR section 1322(t)) or establishment under mandatory inspection under the Federal Meat Inspection Act and issued an establishment number with preﬁx of “M” that has self-certiﬁed that any noncompliant whole pork meat sold further down the supply chain was in their physical possession on July 1, 2023.  During a pork distributor's on-site inspection for the
purposes of third-party certiﬁcation, this self-certiﬁcation will be reviewed and veriﬁed along with all of 
the other requirements for certiﬁcation including the audit trail requirement of any compliant whole pork meat obtained after July 1, 2023. 
9. How should documents of title and shipping manifests accompanying shipments of whole
pork meat transported into and within California be marked? 
The requirements for shipping document markings on all shipments of shell eggs, liquid eggs, whole veal meat, and whole pork meat went into eﬀect on September 1, 2022 when Animal Conﬁnement 
regulations were ﬁnalized.  Refer to 
Shipping Document guidance  and tutorial video  for more 
instructions. 
The statement on documents of title and shipping manifests accompanying shipments of whole pork 
meat should reﬂect whether the whole pork meat was produced in compliance with HSC section
25991(e). Shipping documents accompanying compliant whole pork meat are marked with “Pork CA  
Prop 12 Compliant” (3 CCR section 1322.4(a)(1)) and shipping documents accompanying 
noncompliant whole pork meat are marked with “Not Prop 12 Compliant” (3 CCR section
1322.4(a)(2)).  For shipments of noncompliant whole pork meat destined for export or transshipment, all documents of title, shipping invoices, bills of lading, and shipping manifests shall be marked with “Not Prop 12 Compliant”, “For Export” or “For Transshipment” (3 CCR section 1322.4(a)(2)).  
Documents of title and shipping manifests of noncompliant whole pork meat that is subject to the 
California Hispanic Chambers of Commerce v. Ross  exception noted above should still be accurately 
marked as “Not Prop 12 Compliant.” 
Prop 12 Q & A - July 1, 2023 Update 
Animal Health and Food Safety Services | 1220 N Street, Sacramento, California 95814
Telephone: 916.900.5000 | Fax: 916.900.5332 | www.cdfa.ca.gov/ahfss 4   ANIMAL CARE PROGRAM 
CALIFORNIA PROPOSITION 12 (2018) QUESTIONS
AND ANSWERS - JULY 1, 2023 UPDATE 
10. Who enforces Prop 12 prohibitions on the sale of noncompliant covered product (HSC
Section 25990(b)? 
Per HSC Section 25993(a), CDFA and the California Department of Public Health are responsible for 
developing rules and regulations to implement Prop 12, which were ﬁnalized and went into eﬀect onSeptember 1, 2022. HSC Section 25993(b) provides remedies for violations.  Decisions on whether to pursue speciﬁc remedies allowed under the law are made by the Attorney General or local jurisdictional authorities like a District Attorney or City Attorney.  For more information regarding enforcement please see HSC Section 25993 and Business and Professions Code Sections 17200 et seq. 
11. Who enforces Animal Conﬁnement regulations (3 CCR Sections 1320-1327.3)? 
The Prop 12 regulations provide that CDFA will be the agency responsible for implementing the provisions of the regulations including registration, accreditation, certiﬁcation, and documentinspection.  When fully implemented, including third-party certiﬁcation of compliance which is required for distributor registration in 2024, the regulations and CDFA activity will provide the framework for consumers and other end-users like retailers, grocers, and restaurants to have conﬁdence that the covered product they buy or sell in California is compliant with Prop 12. 
12. As a distributor, selling or distributing whole pork meat to an end-user in California, what 
are the next steps I need to take to ensure compliance with statutory and regulatoryrequirements? 
Most important is that distributors register with CDFA by submitting a completed distributor registration application. This registration was required by January 1, 2023 and is renewed everytwelve months.  CDFA is continuing to accept applications for registration.  To apply to be a distributor, please complete and submit the 
Application for Distributor Registration . And Please see the Guidance 
for Distributors document for guidance for distributors.Each facility location distributing or sellingcovered product to an end-user in California is required to register . 
After January 1, 2024, all distributors will need to submit a valid third-party certiﬁcation along with their application for a new registration and for the purposes of registration renewal. 
Please reference list of certifying agents on CDFA’s website  to provide this certiﬁcation. 
13. As a retailer, what are the next steps I need to take to ensure compliance with statutory 
and regulatory requirements? 
Individual retail locations are not required to register with CDF A.  While sales of covered product 
which take place between a retailer and a customer fall under Prop 12, retailers beneﬁt from a good-faith reliance rule if they receive a written certiﬁcation of compliance from their distributors. Speciﬁcally, HSC section 25993.1 states that it shall be a defense to any action to enforce subdivision 
(b) of Section 25990 that a business owner or operator relied in good faith upon a written certiﬁcation 
by the supplier that the whole veal meat, whole pork meat, shell eggs, and liquid eggs at issue was not derived from a covered animal who was conﬁned in a cruel manner , or from the immediate 
Prop 12 Q & A - July 1, 2023 Update 
Animal Health and Food Safety Services | 1220 N Street, Sacramento, California 95814
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CALIFORNIA PROPOSITION 12 (2018) QUESTIONS
AND ANSWERS - JULY 1, 2023 UPDATE 
oﬀspring of a breeding pig who was conﬁned in a cruel manner. If retailers have documentation that 
all covered products are from registered distributors, those distributors should have the ability to trace 
product to compliant farms. An audit trail (3 CCR sections 1320(b), 1321(b), 1322(b)) is not required 
for noncompliant whole pork meat in physical possession of the retailer , a pork distributor (3 CCR 
Section 1332(t)), and establishments under mandatory inspection under the Federal Meat Inspection
Act and issued an establishment number with preﬁx of “M” and self-certiﬁed as being in their 
possession by July 1, 2023. 
If the retailer purchases covered product directly from a facility with mandatory inspection under the 
Federal Meat Inspection Act or Egg Products Inspection Act and the facility is not a registered distributor, then the retailer is required to maintain records documenting written certiﬁcations of 
compliance for the covered product sold at that location. 
Prop 12 Q & A - July 1, 2023 Update 
Animal Health and Food Safety Services | 1220 N Street, Sacramento, California 95814
Telephone: 916.900.5000 | Fax: 916.900.5332 | www.cdfa.ca.gov/ahfss 6