After losing an appeal to the U.S. Court of Appeals for the 9th Circuit in July, the National Pork Producers Council (NPPC) and the American Farm Bureau Federation (AFBF) are petitioning the U.S. Supreme Court to take their case against California’s Proposition 12.
“We’re asking the Supreme Court to consider the constitutionality of one state imposing regulations that reach far outside its borders and stifle interstate and international commerce,” said NPPC President Jen Sorenson in a release. “In this case, arbitrary animal housing standards that lack any scientific, technical or agricultural basis and that will only inflict harm on U.S. hog farmers.”
In July, the appeals court found despite the organizations plausibly alleging that Prop 12 “will have dramatic upstream effects and require pervasive changes to the pork industry nationwide,” 9th Circuit precedent won’t allow the case to continue, NPPC shared in a release.
However, NPPC added that precedent runs counter to numerous Supreme Court decisions and is in conflict with nearly every other federal circuit court. The Commerce Clause typically 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.
“Supporters of Proposition 12 claimed it would improve animal welfare and food safety. The law fails to address either of those issues,” AFBF President Zippy Duvall said in a release. “Farmers know the best way to care for their animals. This law takes away the flexibility to ensure hogs are raised in a safe environment while driving up the cost of providing food for America’s families.”
Duvall pointed out that small family farms across the country will be hit hardest as they are forced to make expensive and unnecessary changes to their operations.
“This will lead to more consolidation in the pork industry and higher prices at the grocery store, meaning every family in America will ultimately pay the price for Prop 12,” Duvall said.
The California Department of Food and Agriculture, which is still writing the final regulations for Prop 12, admitted the initiative will have no effect on food safety and will increase the mortality rate for sows subject to it, NPPC said in a release.
Nearly all pork currently produced in the United States fails to meet California’s arbitrary standards, NPPC said. To continue selling pork to the 40 million consumers who live in California, which represents about 15% of the U.S. pork market, pork producers will need to switch to alternative sow housing systems.
The challenge? Industry estimates for converting sow barns or building new ones to meet the Prop 12 standards are extremely costly. Experts expect that consumers will end up bearing the ultimate cost through higher pork prices.
More from Farm Journal’s PORK:
Federal Court Rejects NPPC’s Petition to Strike Down Proposition 12
Bacon is Critical to Our Customers, San Francisco Restaurant Owner Says
UC Davis Professor Says Impact of Proposition 12 Won’t Be Catastrophic
Heads Turn at a Bullish September Hogs and Pigs Report
Supreme Court Rejects Meat Institute’s Petition to Review Proposition 12
