The U.S. Solicitor General, one of the highest-ranking officials in the Department of Justice, filed a brief to the U.S. Supreme Court in support of a challenge to California’s Proposition 12. The state law seeks to ban the sale of pork from hogs that don’t meet California’s production standards, even if the pork was raised on farms outside of California. The American Farm Bureau Federation (AFBF) and National Pork Producers Council (NPPC) filed the challenge, arguing Proposition 12 violates the U.S. Constitution’s Commerce Clause.
In the amicus brief, Solicitor General Elizabeth Prelogar argues that AFBF and NPPC have stated a valid claim that Proposition 12 violates the Constitution and will create burdens in interstate commerce. “Other States might well condition in-state sales on even more square feet of space per hog, or on compliance with requirements concerning animals’ feed, veterinary care, or virtually any other aspect of animal husbandry. The combined effect of those regulations would be to effectively force the industry to ‘conform’ to whatever State (with market power) is the greatest outlier.”
AFBF President Zippy Duvall said, “The Solicitor General provides a powerful argument against the arbitrary production standards imposed by Proposition 12. It’s significant to have the Justice Department recognize the validity of our concerns and realize the unintended consequences of this misguided law. We share the goal of ensuring animals are well cared for, but Proposition 12 fails to advance animal health or food safety. Instead, it will make caring for animals more difficult and drive up the cost of food for families across America.”
Read Solicitor General Prelogar’s brief here.
Editor’s Take:
The filing by the U.S. Solicitor General could have a huge impact on the decision by the U.S. Supreme Court when the case comes before the Justices this fall. This has been a drawn out and contentious battle over the future of regulations for the livestock industry and how they are determined. Does one state have the ability to effectively set the rules and regulations for all the other states or will their Prop 12 rules only apply to the production in California. This case does have ramifications that are far reaching and this support from the Department of Justice is welcomed by groups such as AFBF and NPPC. All this said, it should be a reminder that AgPack consists of great partners who offer products for the livestock industry. And no matter how this case is decided, livestock producers in your area can take advantage of the fabulous discounts and rebates AgPack offers to make your truck deal more appealing and their operations more profitable!
