Factory Farm/CAFO Moratoriums

In the agriculture industry, factory farms are referred to as concentrated animal feeding operations, abbreviated as “CAFOs.” As public awareness of the negative environmental, public health and animal welfare impacts of factory farming grows, local communities and entire states have begun to consider halting the construction and expansion of these industrial facilities.

The very first concentrated animal feeding operation (CAFO) moratorium campaigns were the direct result of organizing done by farmers and rural residents, often led by disproportionately affected people of color seeking to protect their communities and livelihoods from industrial agriculture.

Moratorium legislation entails placing a pause on the construction or expansion of large-scale industrial animal farms – either forever, or until state or local agencies pass better laws to regulate and monitor CAFOs, including regulating air pollution, manure management and water use/pollution. Some moratorium legislation does more than just halt the growth of CAFOs, requiring that CAFOs be phased out entirely by a set date.

What Is the Purpose of CAFO Moratoriums?

At their core, factory farm/CAFO moratorium campaigns are meant to stop the worst offenders in factory farming that are causing the most harm to animals, people and our shared environment. Accordingly, many CAFO moratoriums introduced by states and local communities have been aimed at only the largest CAFOs, or “mega-farms.” These mega-farms house the overwhelming majority of animals who move through our food system, so they also contribute the greatest proportion air and water pollution and greenhouse gas emissions caused by industrial animal agriculture.

In addition to immediately stopping the growth of factory farming operations, CAFO moratoriums also ward off industry consolidation and can mitigate the economic decimation of rural communities. Just a handful of corporations control the vast majority of animal agriculture, pushing many farmers to “get big or get out.” Because of this increasing consolidation and fewer options for farmers, the United States has lost more than 140,000 farms over the past decade. Simultaneously, the number of animals in factory farms has increased to 1.7 billion [PDF] – a 6% increase since 2017, and 47% more than in 2002. Moratorium laws could help free farmers from the threat of more incoming factory farms, allowing rural communities to rebuild an agricultural landscape and economy that respects animals, people and the environment. Stopping the growth of these large CAFOs – and supporting farmers’ transitions to more humane and sustainable alternatives – is one of the most effective ways to reduce the harms of factory farming. However, some moratorium legislation inadvertently impacts small and mid-sized producers who do engage in higher-welfare practices, so it is important to consider the details of individual measures.

What Makes a “Good” CAFO Moratorium?

As advocates pursue moratorium campaigns, these policies have sometimes been worded in ways that can have negative consequences for higher-welfare farmers, which is not the intent of the work. When this happens, it can force farmers who would otherwise be in favor of reining in industrial agriculture to align with big industry groups. To ensure that CAFO moratoriums advance the goal of building a more humane and sustainable food system, we believe effective moratorium policies must:

• Halt the growth and expansion of industrial factory farms (CAFOs) without negatively impacting small and mid-sized higher-welfare farms and ranches by arbitrarily lumping these more humane operations in with factory farms.
• Support farmers and workers by investing public dollars into transitioning CAFOs to more humane and resilient animal and crop production.
• Hold industrial farms accountable for addressing their external impact (e.g., water and air pollution), leveling the playing field for higher-welfare farmers and promoting more humane and responsible farming.
• Allow local communities to exercise some control over the harmful CAFO industry.

Recent CAFO Moratorium Legislation

Federal

The Farm System Reform Act

The U.S. Farm System Reform Act – introduced by Sen. Cory Booker in the Senate and Rep. Ro Khanna in the House – would create a more humane food system by moving away from destructive factory farming and supporting the transition toward higher welfare, pasture-based farms and alternative crop production. The bill would place a moratorium on large CAFOs, expand country-of-origin labeling and increase accountability in the livestock and poultry industries while also creating a transition fund to support farmers exiting the CAFO system.

State & Local

Arkansas

In 2015, the Arkansas Pollution Control and Ecology Commission passed a five-year moratorium [PDF] on any new permits for medium or large pig CAFOs within the Buffalo National River Watershed. The moratorium expired in 2020 when the state’s legislature refused to extend it.

California *CURRENT*

Measure J [PDF] is a CAFO moratorium on the November 2024 ballot in Sonoma County. Although well-intentioned in its attempt to halt cruel and harmful industrial agriculture operations, Measure J instead threatens to eliminate not just factory farms, but also independent, resilient, more humane operations. It would place a moratorium on and require a three-year phase out of all CAFOs, as defined by the federal Environmental Protection Agency (EPA). The EPA’s definition is oversimple; it looks only at the number of animals and type of manure management systems. It does not account for regional climate differences or the use of more humane farming systems. This means that higher-welfare, pasture-based, small- and medium-scale farmers may be designated as CAFOs and forced to stop operation because their animals are confined indoors during the winter, at night, or for milking. Despite requiring farms to phase out and levying fines of up to $10,000 for each day they continue operation past the compliance date, the measure does not provide any meaningful resources to support farms’ transitions.

Hawaii

In 2023, the Hawaii Senate introduced Senate Bill 1585, a moratorium on new, large CAFOs that also would have phased out all existing large CAFOs by 2028. The Senate Agriculture & Environment Committee Chair recommended passage, but the bill failed to make it out of committee, losing by a 2-3 vote.

Iowa

Legislators in Iowa have introduced a CAFO moratorium bill every year since 2018. The bills aim to place a statewide moratorium on all new or expanding large CAFOs, but have thus far failed to gain traction.

Minnesota

In 1998, the Minnesota House introduced House File 3320, a moratorium on the new construction or expansion of large feedlots. The final bill did not include a moratorium, but did give counties and local communities more authority over CAFOs. Since then, local communities have used siting and zoning authority to regulate or stop CAFO expansion.

In 2022, the White Earth Nation Tribal Council passed a two-year moratorium on CAFOs [PDF] within the boundaries of the reservation, located in northwestern Minnesota.

North Carolina

In 1997, in the wake of hurricanes hitting the state and flooding farming communities, North Carolina passed a moratorium on liquid manure lagoons [PDF], effectively halting new and expanding pig CAFOs. That moratorium was made permanent in 2007; however, some exemptions have since been carved out for farms that use factory farm biogas digesters.

Oregon

In 2023, after years of organizing by local advocates, increased pollution from mega-dairies in the state [PDF] and the potential influx of millions of chickens in industrial-scale factory farms generating community opposition, Senate Bill 85 was introduced to establish a moratorium on new and expanding large CAFOs. Unfortunately, the final bill was scaled back and did not include the moratorium, but did give counties more authority over the siting and permitting of factory farms.

Wisconsin

In October 2019, the Polk County board of supervisors passed a moratorium on large pig CAFOs [PDF] in order to study potential siting or zoning reforms. The moratorium expired in October 2020, after which an improved Conditional Land Use Plan [PDF] was passed, requiring nutrient management plans, increased setback distances, and waste storage siting regulations for new pig CAFOs.

Join the ASPCA Factory Farming Task Force to be updated on ways you can help!

You can also email your members of Congress right now to urge them to pass the Industrial Agriculture Conversion Act, which would help fund farmers who want to transition away from factory farming.