Update July, 2010: This bill, A.B. 1437, is now law.
In the wake of Prop 2, this new law will level the playing field for California egg producers now required to give egg laying hens enough room to flap their wings and turn around.
This law bans the sale of shelled eggs for human consumption in California if they are the "product of an egg-laying hen that was confined on a farm or place" that does not follow the Prop 2 standards.
This means shelled eggs for human consumption that are shipped to and sold in California must be from hens that are not prevented "for all or the majority of any day" from "[l]ying down, standing up, and fully extending his or her limbs; and turning around freely". Cal Health & Saf Code §25990
"‘Fully extending his or her limbs’ means fully extending all limbs without touching the side of an enclosure, including, in the case of egg-laying hens, fully spreading both wings without touching the side of an enclosure or other egg-laying hens."
"‘Turning around freely’ means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure." Cal Health & Saf Code §25991
Any violation would be a misdemeanor, punishable by a fine of up to $1,000 or imprisonment in the county jail for a period not to exceed 180 days or by both the fine and imprisonment.
My hens are truly free range and natural. They regularly pack themselves together from dawn to dusk. Right now that is more then 12 hours. They do flap their wings for about 2 minutes a day. Otherwise the wings are folded. My hens range my 17 acre farm. To put a time frame in these bills is not an effective gauge for good housing. To judge enough room for the hens by measuring the wing span and multiply the number of hens would be a ridiculous amount of room requirements.
There is also a restriction for transportation, the animal natural instinct should be considered. The chickens will huddle together no matter the amount of room available. Horses will band together. Horses can be in more danger by moving them into a strange environment from a trailer during a 12 hour period of time. Both have an instinct to stay together for instinct of protection. Animal instincts must be considered.
I agree hens locked in cages for life is a very unnatural environment but lets not go too far the other way.