House Agriculture Committee Chairman Glenn “GT” Thompson’s (R-PA) Farm Bill 2.0 includes a federal fix to the “massive issues caused by the impending and disastrous patchwork of state laws spurred by California Proposition 12,” National Pork Producers Council (NPPC) said.
The House Agriculture Committee released the Farm, Food, and National Security Act of 2026 on Feb. 13. The text includes clarification that states and local governments cannot impose, directly or indirectly, as a condition for sale or consumption, a condition or standard on the production of covered livestock unless the livestock is physically located within such state or local government. In addition, the text:
- Provides clarity to national markets by ensuring producers must only comply with applicable production standards imposed by their own state or local government.
- Protects producers from having to comply with a patchwork of state-by-state regulations.
- Protects the rights of states and local governments to establish standards as they deem necessary, but only for those raising covered livestock within their own borders.
- Only covers production (excluding domestic animals raised for the primary purpose of egg production), and does not include the movement, harvesting or further processing of covered livestock.
“America’s pork producers thank Chairman Thompson for continuing to take bold steps once again to protect our livelihoods from an unsustainable patchwork of state laws,” said NPPC President Duane Stateler, an Ohio pork producer. “We implore the full House Agriculture Committee to stand up for the American farmer, preserve states’ rights and help keep pork affordable for the American consumers.”
Prop 12 Problems
NPPC said Chairman Thompson and other leaders in D.C. remain dedicated to protecting producers’ freedom to farm by finding a solution to Prop 12. NPPC detailed the following problems that continue to plague Americans because of Prop 12:
- Tramples on states’ rights
“Prop 12 sets a precedent that undermines the foundation of interstate commerce, allowing a single state to dictate how food is produced across the country—even when that food is produced outside its borders,” NPPC said. “Fixing Prop 12 protects the rights of states by allowing each the exclusive right to regulate how livestock are produced within their borders.”- In passing Prop 12, California violated Congress’ exclusive constitutional authority to regulate interstate commerce. Congressional action to fix this is rooted in Congress’s power under the Commerce Clause of the Constitution: “The Congress shall have the power … To regulate commerce … among the several states” (Article 1, Section 8, Clause 3).
- A patchwork of regulations
“Prop 12 sets the stage for a patchwork of 50 state laws, dictating different versions of animal housing laws, which all producers—no matter the state they farm in— must comply with if they want to sell their pork to all consumers,” NPPC said.NPPC Vice President and Ohio pork producer Pat Hord, who has retrofitted his barns to be Prop 12-compliant, has told Congress that compliance does not future-proof farmers from more financial burdens if patchwork laws are not addressed.
“Whatever I do today could need to be changed when a new state decides they want a different housing standard,” Hord said. “These are expensive changes, and some farmers may exit the business amid this uncertainty, which increases consolidation.”
- Industry consolidation
“Prop 12 leads to industry consolidation, potentially crushing small and medium-sized farms,” NPPC said. “While even large farms cannot sustain ongoing changes to sow housing laws, they are more likely to be able to afford the initial changes mandated by Prop 12. Contrarily, smaller and independent producers often cannot. This means fewer family farms and reduced competition across the industry.”- In the first quarter of 2025, NPPC reports that 12% of small pork operations ( less than 500 sows) exited the market or shifted production away from breeding due to compliance costs and uncertainty, according to USDA.
- Ignores the experts
“Prop 12 ignores expert veterinary advice and chips away at sound veterinary options,” NPPC wrote. “The American Veterinary Medical Association says Prop 12 does ‘not objectively improve animal welfare and may unintentionally cause harm.’”- The housing requirement established by Prop 12 is arbitrary, lacks a scientific or animal welfare foundation, and disregards the expertise of producers and veterinarians whose professional responsibility is to safeguard animal health, NPPC said.
- Raises prices for consumers
“Prop 12 makes pork less affordable at the grocery store,” NPPC pointed out. “The latest data shows increased retail prices in California are still more than 20% higher than before Prop 12 took effect.” - Trade issues
“Prop 12 causes problems with trading partners,” NPPC explained. “Under the United States-Mexico-Canada Agreement, for example, states are not permitted to create non-tariff barriers to trade.”
A Modern Bill for Modern Challenges
“This bill provides modern policies for modern challenges and is shaped by years of listening to the needs of farmers, ranchers, and rural Americans,” Thompson said. “The farm bill affects our entire country, regardless of whether you live on a farm, and I look forward to seeing my colleagues in Congress work together to get this critical legislation across the finish line.”
Thompson said a new farm bill is long overdue, and the Farm, Food, and National Security Act of 2026 is an important step forward in providing certainty to farmers, ranchers and rural communities.
“We made historic agricultural investments last summer in the Working Families Tax Cuts (H.R. 1), but there are many key policy components that remain to be addressed,” Thompson said. “With that in mind, the House Committee on Agriculture will begin marking up a new farm bill February 23.”
House Agriculture Committee Ranking Member Angie Craig (MN-02) said review of the legislative text is ongoing.
“Based on what I know, the Republican farm bill fails to meet the moment facing farmers and working people,” Craig said. “Farmers need Congress to act swiftly to end inflationary tariffs, stabilize trade relationships, expand domestic market opportunities like year-round E15 and help lower input costs. The Republican majority instead chose to ignore Democratic priorities and focus on pushing a shell of a farm bill with poison pills that complicates if not derails chances of getting anything done.”
A fix for Prop 12 is backed by nearly 1,000 agriculture groups across more than 40 states, including the American Farm Bureau Federation.
The National Milk Producers Federation (NMPF) praised efforts by Thompson and the House Agriculture Committee to put together a farm bill that will bring greater certainty to producers at a difficult time.
“Dairy farmers look forward to working with House members and senators as this legislation makes its way through Congress, and we pledge our support in crafting the best legislation possible,” NMPF said.
The House Committee on Agriculture will begin marking up a new farm bill Feb. 23, Thompson said.
