Hog Farmers Will Get Their Day in Court

Last year, the American Farm Bureau Federation (AFBF) and National Pork Producers Council (NPPC) petitioned the U.S. Supreme Court to take their case challenging California’s Proposition 12. Prop 12 would ban the sale of pork from hogs that don’t meet the state’s production standards. This week, the Supreme Court announced it will review the Ninth Circuit’s decision that supported California’s ballot initiative approved by voters in November 2018.  

Beginning January 1, 2022, Proposition 12 was set to impose unscientific animal housing standards that reach outside of California’s borders to farms across the United States. However, the Sacramento County Superior Court ruled to delay enforcement of Proposition 12 for pork retailers in January. That delay was set to last for 180 days.

The NPPC and the AFBF, both of which have been very vocal on this issue, will file their initial brief in the coming weeks with the U.S. Supreme Court, which could hear oral arguments in the fall and could render a decision by the end of the year.

According to the NPPC, California doesn’t have any significant commercial hog production. Yet, they are seeking to regulate how farmers across the country operate, imposing onerous regulations, inspection and permitting requirements, and highly prescriptive measures on livestock farmers. Currently, less than one percent of U.S. pork production meets Proposition 12 requirements, a troubling statistic since California represents 15 percent of the U.S. pork market.

Industry estimates for converting sow barns or building new ones to meet the Prop 12 standards are in the billions of dollars, with consumers bearing the ultimate cost through higher pork prices.

Former NPPC President Jen Sorenson said, “In this case, the arbitrary animal housing standards lack any scientific, technical, or agricultural basis and will only inflict harm on U.S. hog farmers.”

“We are extremely pleased that the Supreme Court will consider the constitutionality of Proposition 12, in which California seeks to impose regulations targeting farming practices outside its borders that would stifle interstate and international commerce,” said current NPPC President Terry Wolters. “NPPC has poured a lot of blood, sweat and tears into preserving the rights of America’s pork producers to raise hogs in a way that’s best for their animals’ well-being and that allows them to continue selling pork to all consumers, both here and internationally.”

AFBF President Zippy Duvall said, “Farm Bureau is pleased with the Supreme Court’s decision to consider the constitutionality of California’s law imposing arbitrary requirements on farmers well outside its borders. We share California’s goal of ensuring animals are well cared for, but Prop 12 fails to advance that goal. We look forward to presenting the facts to the Court, including how Prop 12 hamstrings farmers’ efforts to provide a safe environment for their animals, while harming small family farms and raising pork prices across the country. One state’s misguided law should not dictate farming practices for an entire nation.”

The California Department of Food and Agriculture admitted the initiative will have no effect on food safety and actually will increase the mortality rate for sows subject to it.

Generally, the Dormant Commerce Clause in the United States grants Congress the power to regulate trade among the states and restricts states from regulating commerce outside their borders, except for matters related to public health and safety.

The opposing side, including the Humane Society of the United States, reiterated its position after the high court’s announcement. Kitty Block, CEO of the Humane Society of the United States, said, “We are confident the Supreme Court will uphold California’s landmark farm animal protection law.”

Editor’s Take:

Proposition 12 has been fraught with controversy since first introduced. Once approved by voters, the legal challenges began. It has been a long, arduous journey through the court system that will finally end up at the Supreme Court of the U.S. (SCOTUS). Others have brought more narrowly defined cases regarding Prop 12 to SCOTUS only to be rejected without a hearing. That is what makes this appeal different. Something caught the attention of SCOTUS and will now be debated in the nation’s highest court. Their ruling will have implications for not only Prop 12, but any similar concept that would impose restrictions on how commerce is conducted across state lines. As always, we will continue to keep you updated as new developments unfold.