Some members of Congress plan to fight Proposition 12 through legislation after the Supreme Court upheld the California law.
U.S. Senator Chuck Grassley calls the ruling a major blow to pork producers and consumers and says it can and should be corrected by Congress.
“Justice Gorsuch writing in the majority opinion said Congress has the power to regulate commerce but has yet to adopt a statute to displace Proposition 12.” Grassley says he plans to support legislative measures that reverse the effects of Prop 12 and “end California’s war on bacon.”
“With the reauthorization of the farm bill this year, Congress has a good opportunity to weigh in. Just like Senator Marshall was weighing in on such a bill last year, even though we didn’t really anticipate the court would rule this way.” Grassley is referring to Kansas Senator Roger Marshall’s Exposing Agricultural Trade Suppression Act which prohibits state and local government from interfering with the production or manufacture of ag products in other states.
The meat industry also encouraged farm-state lawmakers in Congress to legislatively override the Supreme Court ruling that gives states the power to set animal welfare standards and regulate meat sales. The Supreme Court decision upholding California’s Proposition 12 “opens the door to chaos” and a welter of state-by-state barriers, said Bryan Burns of the North American Meat Institute.
“The meat industry needs certainty,” said Burns at a House Agriculture Subcommittee hearing. “But any federal or legislative solution to this requires careful drafting to ensure it is legally sufficient to address the problem but not vulnerable to legal challenges in court.”
EDITOR’S TAKE:
As Yogi Berra might say, “It ain’t over until it’s over!” And, so it is with California’s Prop 12. The U.S. Supreme Court may have ruled in favor of Prop 12, but that is not the end of the story, nor should it be. If you read my editorial following the ruling, I said basically what is offered as a likely scenario in this article – chaos! Uniformity and certainty should be the mantra for interstate commerce and keeping our food cost at a reasonable level. We will continue to follow this controversy and keep you informed. This is important to all of agriculture and consumers alike. Left as it stands today, Prop 12 could add billions to producer cost, lower profitability and create higher prices in the grocery store!
