Gestation crates and farrowing crates are not the same thing, even though the terms get swapped constantly, including by lawmakers writing legislation about them. A gestation crate is a metal enclosure just big enough for a pregnant sow to stand up and lie down in, used for most of her roughly four month pregnancy. A farrowing crate is a similar looking but separate enclosure used only around the time she gives birth, meant to keep her from accidentally crushing piglets. Confusing the two matters right now because a federal push nicknamed the Save Our Bacon Act would let farms keep using gestation crates by reframing the debate around farrowing crates instead, overriding state laws like California's Proposition 12 in the process. Here is what each crate actually is, which states have moved to ban gestation crates, and why the distinction is suddenly a fight in Congress.
In this article
- What are gestation crates?
- What are farrowing crates, and how are they different?
- Gestation crates vs. farrowing crates, side by side
- Which US states have banned gestation crates?
- Why is this suddenly a fight in Congress?
- Does this affect cows, sheep, goats, and chickens too?
- What you can actually do about it
- Frequently asked questions
What Are Gestation Crates?
A gestation crate (also called a sow stall) is a metal enclosure, typically about 2 feet wide and 7 feet long, that houses an individual pregnant sow for most of her pregnancy, which lasts around 114 days. The crate is barely larger than the sow's own body. She can stand up, lie down, and take a single step forward or back, but she cannot turn around. Farms that use gestation crates say the design prevents fighting and injuries between sows when they are grouped together. Animal welfare researchers counter that the near total lack of movement causes measurable stress, joint problems, and repetitive behaviors like bar biting that do not show up in group housed sows. According to Wikipedia's overview of the practice, gestation crates have been standard in large scale US pork production for decades, though that is starting to change state by state.
What Are Farrowing Crates, and How Are They Different From Gestation Crates?
A farrowing crate looks similar to a gestation crate, metal bars, a narrow footprint, but it serves a different purpose and is used for a much shorter window. Farrowing crates hold a sow for roughly one to five weeks around the time she gives birth and nurses her piglets. The crate includes a fenced off area on either side where piglets can nurse safely without the sow lying on top of them, which is a real and common cause of piglet death in open pens. Because farrowing crates are marketed as a piglet safety measure rather than a routine housing method, most state confinement laws, including California's Proposition 12, specifically exempt farrowing crates even where they ban gestation crates outright. That exemption is the exact legal seam that federal legislation is now trying to widen. For more on how confusing this distinction gets even for advocates, Farm Forward's explainer on gestation crate legality is a useful primary source.
Gestation Crates vs. Farrowing Crates, Side by Side
| Feature | Gestation crate | Farrowing crate |
|---|---|---|
| Used when | Most of the roughly 114 day pregnancy | 1 to 5 weeks, around birth and nursing |
| Stated purpose | Prevent fighting between grouped sows | Prevent the sow from crushing piglets |
| Approximate size | About 2 by 7 feet | Similar footprint, with a nursing area for piglets |
| Covered by most state bans? | Yes, in states with confinement laws | Usually exempt, even where gestation crates are banned |
| Target of the Save Our Bacon Act | Yes, directly | Used as the framing to justify the bill |
Which US States Have Banned Gestation Crates?
At least 11 states have passed laws restricting or banning gestation crates: Arizona, California, Colorado, Florida, Maine, Massachusetts, Michigan, New Jersey, Ohio, Oregon, and Rhode Island. The laws are not identical. Some, like Florida's and Arizona's, ban using gestation crates on farms within the state. Others, most notably California's Proposition 12 and Massachusetts's Question 3, go further and ban the in-state sale of pork from pigs kept in gestation crates anywhere in the country, which is exactly why national pork producers care so much about overriding them. Because these laws keep evolving and get challenged in court, the ASPCA's tracker of farm animal confinement bans by state is the most reliable place to check current status rather than any single article, including this one.
Why Is This Suddenly a Fight in Congress?
In 2026, a provision commonly nicknamed the Save Our Bacon Act, introduced by Rep. Ashley Hinson of Iowa, has been pushed as part of the federal farm bill. Its actual text targets state laws that regulate "extreme confinement," but supporters frame it around farrowing crates and piglet safety, arguing that state bans could be read to restrict farrowing crates too and put newborn piglets at risk. Opponents, including more than 700 veterinarians who signed a letter opposing the bill, argue this framing is misleading: farrowing crates are already exempt from every major state ban, so the practical effect of the bill is to nullify gestation crate restrictions and sales bans like California's Proposition 12, not to protect piglets. As of mid-2026 the provision remains contested in farm bill negotiations rather than settled law. Spotlight PA's coverage of the farm bill fight is a good neutral summary of where things stand and who is lobbying on each side.
Does This Affect Cows, Sheep, Goats, and Chickens Too?
Gestation and farrowing crates are specific to pigs, but the underlying question, how much space and autonomy a farmed animal is legally guaranteed, applies just as much to cows, sheep, goats, and chickens. Battery cages for egg laying hens and veal crates for calves work on the same basic logic as gestation crates: close confinement justified as efficient or safe. The same federal push that targets pig confinement laws would also override state bans on those practices. If you assumed farm animals do not notice or mind this kind of confinement, it is worth reading what the research actually shows about their cognition and social bonds, including our piece on whether cows, sheep, goats, and chickens form real friendships, and our deeper look at how pig intelligence compares to dogs.
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What You Can Actually Do About It
If this distinction bothers you, there are a few concrete, low effort things that actually move the needle. Look for pork labeled "crate free" or "gestation crate free" specifically, not just "humane" or "sustainably raised," which are unregulated marketing terms with no legal definition. Where you live matters too: contact your senators and representatives about the Save Our Bacon Act by name, since state level confinement bans only work if Congress does not preempt them. And if you would rather support the animals directly than change your grocery list, All The Fauna funds 20% of every order, including everything in the "Animals, Period." apparel line for pigs, cows, sheep, goats, and chickens, toward animal rescue and welfare work rather than sending that money to a marketing budget.
Frequently asked questions
Are gestation crates illegal in the United States?
Not nationally. At least 11 states, including California, Massachusetts, and Colorado, have banned or restricted the use of gestation crates, and California and Massachusetts also ban the in-state sale of pork from pigs raised in them anywhere. In most other states, gestation crates remain legal and common.
Are farrowing crates banned anywhere in the US?
Generally no. Even states with strict gestation crate bans, like California's Proposition 12, specifically exempt farrowing crates because they are framed as a short term piglet safety measure rather than routine housing.
What is the Save Our Bacon Act?
It is the nickname for a provision pushed in the 2026 federal farm bill, introduced by Rep. Ashley Hinson of Iowa, that would override state laws restricting extreme confinement of farm animals, including gestation crate bans and sales restrictions like California's Proposition 12. As of mid-2026 it remains contested rather than enacted.
Why do farms use gestation crates if they're controversial?
Farms that use them say individual crates reduce injuries and fighting that can happen when pregnant sows are housed in groups. Animal welfare researchers and veterinary groups counter that group housing with enough space and proper management produces fewer injuries overall, and that the near total immobility of a gestation crate causes its own documented physical and behavioral harm.
Does buying "cage free" or "free range" mean no crates were used?
Not necessarily, and this is a common point of confusion. "Cage free" and "free range" are terms most commonly regulated for eggs and poultry, not pork. For pork specifically, look for "crate free" or "gestation crate free" claims, and ideally a third party certification, rather than assuming "humane" or "natural" labeling covers crate use.
Does this issue affect animals other than pigs?
Yes. The same federal push targeting gestation crate laws would also override state bans on battery cages for egg laying hens and veal crates for calves, which rely on similar close confinement logic.
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