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Whereas, humans need a varied diet containing protein in order to be healthy; and

Whereas, eggs are an efficient, nutritious, and affordable form of animal protein on which millions

of Americans rely; and

Whereas, Article I, Section 8, Clause 3 of the United States Constitution, also known as the

Commerce Clause, was designed to ensure free trade between the states by preventing any state from

imposing a tariff or other restriction on goods from another state; and

Whereas, California is one of the nation's largest producers and consumers of eggs for human

consumption; and

Whereas, conventional chicken enclosures, also known as battery cages, have been proven to better

protect egg-laying hens from bone breaks, cannibalism, disease, smothering, and predation than free range

operations or operations using so-called "enriched cages"; and

Whereas, forcing egg producers to switch to "enriched cages" or nonconfinement operations drove

up the cost of eggs in the European Union while also leading to food shortages and the closure of countless

farms; and

Whereas, forcing egg farmers in America to abandon battery cages in favor of "enriched cages" or

nonconfinement operations will lead to the same impacts on the U.S. economy and food supply; and

Whereas, the Humane Society of the United States, also known as HSUS, is America's largest animal

rights group and has aggressively pursued an agenda intended to decrease and eventually eliminate the

public's consumption of animal protein; and

Whereas, California voters adopted Proposition 2 to their state constitution in 2008, requiring the

state's egg producers to switch to "enriched cages" or nonconfinement operations in a campaign led and

funded by the Humane Society of the United States; and

Whereas, in 2010, at the behest of HSUS, the California legislature passed AB 1437, which was

signed into law by Governor Arnold Schwarzenegger, prohibiting the sale of eggs from other states that do

not meet the requirements of Proposition 2 of 2008; and

Whereas, together, California's Proposition 2 and AB 1437 violate the Commerce Clause of the U.S.


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Constitution by preventing free trade among the states; and

Whereas, together, California's Proposition 2 and AB 1437 have artificially increased egg prices and

restricted the availability of affordable eggs and vital animal protein to Californians, especially low-income


Now Therefore Be It Resolved that the members of the Missouri Senate, Ninety-eighth General

Assembly, Second Regular Session, the House of Representatives concurring therein, hereby condemn

California's anti-trade actions and call on the California legislature to repeal AB 1437 and urge the voters

of California to reconsider and repeal Proposition 2; and

Be It Further Resolved that the Secretary of the Missouri Senate be instructed to prepare a properly

inscribed copy of this resolution for the majority and minority leaders of the California General Assembly,

the Governor of California, and the Attorney General of California.


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