Stop the Patchwork: Proposition 12 Threatens American Agriculture

When activists are again successful at persuading a state to adopt anything different than Prop 12’s housing requirements, the wholesale revision of farm practices and contracts will start all over again.

Stop-the-Patchwork_Why-Proposition-12-Threatens-American-Agriculture.jpg
(Lori Hays)

As a pork producer and CEO of a fifth-generation family farming operation in Ohio, Pennsylvania, Minnesota, and surrounding states, I understand what it means to live with business uncertainty. Weather. Diseases. Labor shortages. Our industry faces significant hurdles each day as we work to bring safe, accessible food to American tables. However, what I don’t accept is added uncertainty and threats to my farm coming from expensive and arbitrary production standards brought on by California Proposition 12 and similar laws.

Left unchecked, a patchwork of conflicting, Prop 12-style regulations around the country would also lead to even more consolidation of the industry, as pork producers are forced to constantly reconstruct their operations—or, even worse, close their doors forever. Moreover, producers who can afford to comply experience losses in productivity, and at the same time, they bear the costs of increasing their square footage. And when activists are again successful at persuading a state to adopt anything different than Prop 12’s housing requirements, the wholesale revision of farm practices and contracts will start all over again.

The House Agriculture Committee recently convened a hearing on Prop 12, and I had the opportunity to testify about why a patchwork of Prop 12-style laws are an existential threat to our livelihood. As the vice president of the National Pork Producers Council (NPPC) and a farmer with Prop 12-compliant barns, I stressed to the committee that my operation, even with our ability to produce for California’s retail market, is at risk if other states make additional, conflicting demands on producers.

Two bills that would bring immediate certainty to the industry have been introduced in Congress. The “Food Security and Farm Protection Act”—introduced by Senators Joni Ernst (R-IA), Chuck Grassley (R-IA), and Roger Marshall (R-KS)—and Rep. Ashley Hinson’s (R-IA) “Save our Bacon Act” both seek to prohibit state or local government interference with commerce and agricultural practices outside their jurisdiction. Passing either of these bills on their own, or incorporating them into a “Farm Bill 2.0,” would protect producers from a potential 50-state patchwork of conflicting laws.

Regardless of the legislative approach Congress selects, bipartisan support remains key to getting a Prop 12 fix across the finish line. It is notable that both the committee chairman and ranking member voiced concerns regarding the impact of Prop 12 during the hearing. Additionally, the continued efforts by President Trump’s team, following those initiated by the Biden administration, demonstrates a sustained commitment from the White House, regardless of party in power, to provide market stability for pork producers.

Congress has the authority to pass legislation to fix a patchwork of state laws like Prop 12. NPPC will continue to work with members on both sides of the aisle to find a solution that creates certainty for producers by preventing additional states from moving the goal posts.

Pat Hord is an Ohio pork producer and serves as vice president of the National Pork Producers Council.

Pork Daily Trusted by 14,000+ pork producers nationwide. Get the latest pork industry news and insights delivered straight to your inbox.
Read Next
After a devastating windstorm leveled his finishing barns in 2013, Kameron Donaldson leveraged community support and a data-driven partnership with Dykhuis Farms to secure a future for the next generation.
Get News Daily
Get Markets Alerts
Get News & Markets App