Animal welfare law, farm subsidies and plant-based labelling in the US
The American picture is a patchwork by design. Federal law regulates transport and slaughter narrowly; everything about the life of the animal is left to states, most of which exempt 'customary agricultural practices' from their cruelty statutes. That is why the biggest recent welfare changes came from voters rather than legislators.
Key facts
- World Animal Protection index
- D — Downgraded for the absence of federal farm animal protection and for exempting standard industry practices from cruelty law.
- Praktik yang ditinjau
- 10
- Larangan mutlak
- 0 dari 10
- Wilayah
- North America
Apa yang dilarang, dibatasi, atau legal
Federal farm animal welfare on farm
No general federal standard
The Animal Welfare Act of 1966 excludes animals raised for food and fibre. There is no federal law on stocking density, cages, mutilations or breeding for the on-farm phase.
Humane slaughter
Covers mammals, excludes poultry
The Humane Methods of Slaughter Act requires stunning for cattle, pigs and sheep. USDA has consistently held that chickens and turkeys are not 'livestock' under the Act, leaving over nine billion birds a year outside it.
Twenty-Eight Hour Law
1873 transport law, weakly enforced
Animals must be unloaded for food, water and rest every 28 hours of transport. USDA long argued it did not apply to trucks; enforcement actions are rare.
California Proposition 12
since 2022Cage-free floor for eggs, veal and pork sold in California
Voters approved minimum space requirements in 2018 and applied them to products sold in the state regardless of origin. The Supreme Court upheld it in National Pork Producers v. Ross (2023).
Massachusetts Question 3
Similar cage-free sales standard
Passed in 2016 and amended before taking effect; sets space requirements for eggs, veal and pork sold in the state.
Gestation crates
Banned in roughly ten states
Florida, Arizona, Oregon, Colorado, California, Massachusetts, Michigan, Ohio, Rhode Island and Maine have restricted them to varying degrees; most US sows are still confined during part of pregnancy.
Ag-gag laws
Undercover documentation criminalised in several states
Laws penalising recording on farms have been struck down in whole or part in Idaho, Utah, Iowa, Wyoming, Kansas and North Carolina on First Amendment grounds; versions survive in Arkansas, Missouri, Montana and elsewhere.
Foie gras
California ban upheld; New York City ban litigated
California's production and sale ban survived repeated challenges. New York City's 2019 ban has been delayed by state agency action and litigation.
Fur sales
since 2023California banned new fur sales from 2023
Several cities including Los Angeles, San Francisco and Ann Arbor have their own bans.
Cosmetics testing
Banned in ten-plus states
California, Illinois, Nevada, New Jersey, New York, Virginia, Maryland, Hawaii, Louisiana and Maine restrict the sale of newly animal-tested cosmetics. No federal ban exists.
Where the Farm Bill money goes
Direct payments concentrate on commodity crops — corn and soybeans above all — and the majority of that output becomes animal feed and ethanol rather than human food. Livestock producers also benefit from federally subsidised crop insurance, disaster and indemnity programmes, and USDA checkoff programmes that fund 'Got Milk?' and 'Beef. It's What's for Dinner.' marketing with mandatory producer levies.
Farm Bill total, roughly
Share of US corn used for feed and ethanol
Annual federal crop insurance subsidy
Checkoff programme revenues
The state-by-state fight over 'burger' and 'milk'
Since 2018, more than a dozen states — Missouri, Arkansas, Mississippi, Louisiana, Oklahoma, Texas and others — have passed laws restricting terms like burger, sausage, jerky or milk on plant-based labels. Courts have blocked several as unconstitutional commercial-speech restrictions; the Eighth Circuit and district courts in Arkansas and California have ruled against the strictest versions. At the federal level, the FDA's 2023 draft guidance allows plant-based milk names provided nutritional differences are disclosed.
- FDA draft guidance permits 'soy milk' and 'oat milk' with a voluntary nutrition comparison statement
- State meat-labelling laws vary; several are enjoined or narrowed by courts
- USDA regulates labels on products containing meat or poultry, FDA regulates purely plant-based products
- 'Vegan' has no federal legal definition; certification is private (Certified Vegan, Vegan Action)
- Cultivated meat is jointly regulated by FDA and USDA; Florida and Alabama have banned its sale
Apa yang sedang bergerak selanjutnya
- 1
EATS Act proposals in Congress that would pre-empt state animal-welfare sales standards such as Proposition 12
- 2
Further state cage-free sales laws taking effect, including Michigan and Rhode Island
- 3
Litigation over state bans on cultivated meat
- 4
Petitions to bring poultry under the Humane Methods of Slaughter Act
Kelompok yang bekerja pada hal ini
Pertanyaan yang sering diajukan
Are farm animals protected by US federal law?
Barely. The Animal Welfare Act excludes them, the Humane Methods of Slaughter Act covers only mammals at the moment of slaughter, and the 28-Hour Law governs transport. Nothing federal regulates how animals are housed on farms.
What did Proposition 12 do?
It set minimum space requirements for laying hens, breeding pigs and calves whose products are sold in California, no matter where they were raised. The Supreme Court upheld it in 2023, making state sales standards a viable national lever.
Is it illegal to call something a veggie burger in the US?
It depends on the state and the litigation. Several states passed restrictions, and courts in Arkansas, Mississippi and California have blocked or narrowed them on free-speech grounds.
What are ag-gag laws?
State laws criminalising undercover filming or employment at agricultural facilities. Courts have struck down key provisions in at least six states as unconstitutional restrictions on speech.
How much does the US subsidise meat and dairy?
There is no single figure, because most support is indirect: feed-crop payments, subsidised crop insurance, disaster programmes and checkoff marketing. Around 80% of US corn goes to feed and fuel rather than direct human food.
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Reviewed 2026-08-23 by the Veg.ac editorial team · Data: USDA — Humane Methods of Slaughter Act · Free to reuse under CC BY 4.0 with a link back.
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