State Seeks Delay in Legal Ruling on Cage-Free Hens Law

The state of Arizona is seeking to delay a ruling on a lawsuit challenging the legality of cage-free hen regulations instituted by the Department of Agriculture. The move comes as attorneys argue that a decision by Maricopa County Superior Court Judge Scott Blaney could be rendered obsolete by forthcoming changes to the law.

The existing cage-free rule has been paused, with a revised version expected to emerge by October. This amendment aims to quell the concerns that current regulations are inflating egg prices, especially following the euthanization of millions of hens due to bird flu.

The lawsuit, initiated by Tucson restaurant owner Grant Kruger, contends that the Department of Agriculture exceeded its authority with a 2022 regulation that mandates larger living spaces for hens. Kruger claims he faces increased costs, estimating an annual burden of up to $3,380 as a result of needing cage-free eggs for his three establishments. Yet, the rule has yet to come into effect and hasn’t impacted current egg prices.

In legal filings, state attorneys emphasized the lack of enforcement of the existing rules, suggesting any ruling now would be inefficient and unnecessary. They urged Judge Blaney to wait for the new rule’s finalization, which Governor Katie Hobbs directed in March, effectively pushing the enforcement deadline to 2032.

The attorneys highlighted the potential for future litigation if the revised regulations prompt new challenges, arguing that it would be more prudent to wait for the updated rules before proceeding with any assessments or rulings.

At the core of the controversy is a 2022 rule that mandated hens be housed in cages providing no less than one square foot of floor space. The state agency projected a modest increase in egg prices as a result. However, Kruger’s extensive egg purchases for his restaurants amplify the financial implications he faces.

In an ironic twist, just as discussions around the regulations intensified, the Department of Agriculture announced a delay in enforcement until 2027 due to the impact of avian flu. This prompted Governor Hobbs to instruct a reevaluation of the regulations entirely.

Complicating matters further, legislative measures led by Sen. Shawnna Bolick aim to permanently restrict the Department of Agriculture’s regulatory powers over poultry housing. Bolick argues that such reforms are vital for reducing grocery costs for consumers, though state officials have already indicated that enforcement was on hold.

As discussions regarding potential legal authority continue, the ultimate decision lies with Judge Blaney. He is tasked with determining whether the Department of Agriculture had the legislative backing to implement the current cage-free regulations, setting the stage for significant implications in Arizona’s agricultural landscape.