Arizona Sued Over Cage-Free Eggs Rule on Restaurateur’s Behalf
Courtesy Arizona Department of Agriculture
Arizona small business owner Grant Krueger was already running his restaurants on razor-thin margins before the state Department of Agriculture mandated that only cage-free eggs be sold in Arizona. The Goldwater Institute and Pacific Legal foundation have filed suit on Krueger’s behalf, challenging the agency’s mandate, which they say violates the Arizona Constitution.
Over Krueger’s 34 years in the restaurant business, said he’s seen first-hand the impact of reckless government policy, including inflationary pressures, wage mandates and COVID decrees. Now, at a time when restaurants and restaurant-goers alike are already struggling with inflated food prices, the new cage-free egg rule will increase costs, while poaching his rights and scrambling the rule of law, according to Goldwater.
“I had no seat at the table for any of this,” said Krueger, who buys more than 2,000 eggs per week to supply his three Tucson-area restaurants, Union Public House, Reforma Modern Mexican and Proof Artisanal Pizza. “Unaccountable, unelected bureaucrats shouldn’t be able to arbitrarily impose these kinds of harmful mandates on small business owners like me.”
The egg rule wasn’t passed by the Arizona Legislature. Cage-free eggs are more expensive to produce than conventional methods—so much so that the mandate could impose up to $66 million in increased costs on Arizonans, according to Goldwater. But rather than go through the proper lawmaking process on critical policy questions, AZDA bureaucrats usurped the legislature’s lawmaking authority, creating a brand-new policy that affects the entire state—all while acting with zero checks and balances.
According to the Humane League, Arizona was the 10th state to enact such a mandate. “Arizona prohibited the production and sale of eggs from caged hens, joining nine other states in protecting egg-laying hens at the state level: Utah, Colorado, Michigan, Washington, Oregon, California, Massachusetts, Rhode Island, and Nevada,” according to the Humane League.
“In the fight to free hens from battery cages—brutal metal enclosures as small as filing cabinet drawers—state-wide legislation and regulation is one of the most powerful ways to enact change,” according to the Humane League’s website. “In writing new regulations to protect egg-laying hens from a lifetime of mistreatment and misery in confinement, Arizona is making crucial progress for chickens, not just within the Grand Canyon State but also beyond its borders.
“By 2025, all eggs laid or sold within the state of Arizona must be 100 percent cage-free. This means that, once the rule is fully implemented, over seven million hens will be spared from life in extreme confinement every single year,” according to the Humane League.
“According to the new rule, Arizona farmers are required to provide egg-laying hens with at least one square foot of floor space—an important upgrade to the harsh conditions of battery cages, which confine each bird to an area no bigger than the surface of a small iPad per animal,” according to the Humane League.
According to the Arizona Department of Agriculture, small producers with fewer than 20,000 egg-laying producing hens are exempt from this cage size requirement standard. The rule had been slated to be enforced in October 2022, but a delay was necessary due to the national egg shortage caused by avian influenza. The mandate does apply to retail sales. Egg producers must apply for and receive certification and be registered with the AZDA before selling their eggs.
“The Arizona Constitution is clear: lawmaking is the job of Arizonans’ elected representatives, not unelected regulators,” said Goldwater Staff Attorney John Thorpe. “But bureaucrats are trying to go around the lawmaking process to impose a policy that only helps the government’s favored special interests while hurting everyone else.”
“The legislature cannot give regulatory agencies like the Arizona Department of Agriculture the power to make the law,” said Adi Dynar, an attorney at Pacific Legal Foundation. “Sweeping policies, like the cage-free egg rule, which substantially increase prices for businesses and consumers, must be made by the people’s representatives, not bureaucrats.”
Read the lawsuit here.
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Sprouts Using Instacart’s Foodstorm to Fill Thanksgiving Dinner Orders
Sprouts Farmers Market, one of the largest and fastest growing specialty retailers of fresh, natural, and organic foods in the United States, is now accepting holiday pre-orders for Thanksgiving. Sprouts is partnering with Instacart’s Foodstorm solution, which will strengthen catering services with a seamless digital platform and enhanced customer experience. Shoppers can order through the Sprouts website.
“Sprouts is committed to providing a seamless customer experience across all facets of our business, and we’re thrilled to partner with our friends at Instacart to bring Foodstorm to Sprouts. This will give our customers a new and convenient way to order better-for-you meals this holiday season,” said Nick Konat, president and chief operating officer of Sprouts.
Thanksgiving pre-orders will be available for pickup on November 15 through noon on November 23.
Pre-orders available at sprouts.com/holiday include:
- Natural Turkeys – no added antibiotics, ever
- Uncured Spiral Ham, no sugar added, gluten-free
- Premium Angus Beef Rib Roasts, all-natural USDA choice, no artificial ingredients
- Vegan Roasts
- Full meal kits available with any main course meat
- Fruit, Veggies & Cheese Trays
- Appetizer Trays
- Sandwich Trays
- Bakery & Dessert Trays
- Seafood Trays
“We are thrilled to share a festive assortment of seasonal better-for-you offerings,” said Scott Neal, chief merchandising officer of Sprouts. “This holiday season, our focus is on providing healthy options for every dietary lifestyle. Celebrate your healthy holiday with organic turkeys, hams, and roasts, and fully prepared holiday meals. There’s always something unique waiting to be discovered, whether it’s a plant-based side dish or one of our award-winning freshly baked pies, we have something for everyone at your table.”
In addition to holiday catering, Sprouts is offering seasonal items for shoppers, available in-store.
Holiday Sides
- Sprouts Gluten-free Rosemary & Sage Stuffing
- Sprouts Plant-Based Cornbread Stuffing
Charcuterie Boards Inspiration
- Champignon Combozola Black Label Blue Cheese
- Boursin Dairy-free Garlic & Herb Cheese Spread
- Freybe Tequila Ghost Pepper Salami
- Brooklyn Cured Trio Beef Salami
- Sprouts Croccante Italian Crackers
- Sprouts Grain-free Crackers
Baked Goods
- Ready-to-decorate Mini Gingerbread House
- Gingerbread Mug Huggers
December pre-orders resume December 4 with pickups available December 15 through noon on December 24. Sprouts stores will be open Thanksgiving Day 7 am – 2 pm; Christmas Eve 7 am – 7 pm; Closed Christmas Day; Open New Year’s Eve 7 am – 8 pm; Open News Year’s Day 7 am – 10 pm (regular store hours).
For more information and inspiration, visit www.sprouts.com/holiday-inspiration-and-recipes/.
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USDA Invests $52M to Improve Access to Fruits, Vegetables
The U.S. Department of Agriculture is investing more than $52 million to improve dietary health and access to fresh fruits and vegetables for eligible families.
The funds support efforts across three National Institute of Food and Agriculture competitive grant programs that make up the Gus Schumacher Nutrition Incentive Program.
The program is named in honor of the former USDA Under Secretary of Agriculture for Farm and Foreign Agricultural Services (1997 to 2001).
“USDA is delivering on its promise to bolster food and nutrition security for underserved communities,” said USDA Chief Scientist and Under Secretary for Research, Education and Economics Dr. Chavonda Jacobs-Young. “Investments like this enable people to afford and eat healthy fresh fruits and vegetables so they don’t have to make a choice between healthy eating and cheaper less healthier options.”
GusNIP’s three grant programs include Nutrition Incentive, Produce Prescription and the Nutrition Incentive Program Training, Technical Assistance, Evaluation and Information Center. By bringing together stakeholders from various parts of the food and health care systems, GusNIP projects help foster understanding to improve the health and nutritional status of participating households, facilitate growth in underrepresented communities and geographies, and aggregate data to identify and improve best practices on a broad scale.
“GusNIP has provided over $270 million in funding to nearly 200 projects throughout the U.S. since its 2019 launch and participants are consistently reporting increased fruit and vegetable intake as a result,” said NIFA Director Dr. Manjit Misra. “This latest round of funding only strengthens the impacts these programs are having nationwide.”
Nineteen awardees are receiving GusNIP Nutrition Incentive funding totaling $41.8 million. NI projects increase the purchase of fruits and vegetables by providing incentives at the point of purchase among income-eligible households participating in the USDA Supplemental Nutrition Assistance Program.
Produce Prescription awards account for $5.2 million to 11 awardees. These projects demonstrate and evaluate the impact of fresh fruit and vegetable prescriptions. The goals of the program are to increase procurement and consumption of fruits and vegetables, reduce individual and household food insecurity and reduce health care use and associated costs.
One awardee is receiving $7 million through the NTAE Center program. NTAE projects offer training, technical assistance, evaluation and informational support services.
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