What’s taking place in the pork industry in California and Massachusetts is not something the rest of agriculture should ignore, AgriTalk’s host Chip Flory said during a conversation with Terry Wolters, president of the National Pork Producers Council, on Aug. 16.
On Aug. 11, a U.S. federal court judge for the District of Massachusetts signed a court order approving an agreement to delay enforcement of Question 3, a state law that would have banned the sale of pork that comes from animals not housed according to the state’s prescriptive housing standards.
Question 3 in Massachusetts is very similar to Proposition 12 in California, Wolters explained.
“One thing that’s fundamentally different about Question 3 is a trans-shipment clause in their regulation that any product that passes through the state of Massachusetts has to be compliant, even though it’s not consumed in the state of Massachusetts,” Wolters said. “What I’ve learned over the last couple of weeks is that Massachusetts is ‘the gateway’ to the upper New England states. They had no say in what was being passed, which ultimately impacted their food supply chain by what’s being implemented in Massachusetts.”
The regulation also involves all pork, not just fresh pork, another fundamental difference to Proposition 12 in California.
“For example, if bellies come out of a packing plant, and they stop in the state of Massachusetts to become bacon, they have to be compliant even though they’re not consumed in that state. That trans-shipment clause is definitely a real stickler for the New England territory,” Wolters said.
Laws and regulations like Proposition 12 and Question 3 could have a major impact over time, Wolters said.
“We just see this as ongoing regulation by a said state to try and influence how they want things done. The basis for the case is to say that governing regulating states outside of your state borders is unconstitutional, and therefore it shouldn’t happen,” he added.
Flory said it’s concerning to think about the impact of these laws on staple foods like bacon and eggs.
“The price of eggs does matter on how many consumers will use,” Flory said. “But in so many cases, you’ve got to have eggs. If laws like these increase the costs, those costs are passed directly on to consumers. I assume that would be the same for pork?”
Just like eggs, pork is included in many foods throughout the supply chain, Wolters said.
“We have processed meats and other things that are included in the pork supply chain that ultimately would be affected by this rule. It is a disruption to the supply chain,” Wolters said. “We as producers, have been advocates for consumer choice. Let the consumers’ dollar speak to what they want.”
How Does This Impact Proposition 12?
Question 3 was passed in in 2016 and has been delayed a couple of times, Wolter said. Because of that, he believes it signals there is some concern or question about the initial referendum that was passed.
“We are certainly appreciative of the delay. We appreciate the work both of the Attorney General’s office and of Judge Wolf to file a stay and give us a chance to let the Supreme Court case ultimately decide where we need to go,” Wolters said.
Some believe this could have a positive effect on the Proposition 12 case to be heard before the Supreme Court. Oral arguments on Proposition 12 are scheduled for Oct. 11.
There’s a lot of things that are that are pending on that decision. California is yet to write the Proposition 12 rule that’s now over three years old, Wolters added.
“We don’t know what to do as producers because they don’t have the final rule written,” he said. “It’s an 11-month process if I could turn the switch tomorrow to be compliant. With that in mind, how do we as pork producers plan for something that we don’t know what it is?”
Pig farmers and veterinarians are in the best position to make animal management decisions because they live it every day, Wolters said.
“Hopefully this issue goes away after the Supreme Court decision,” Flory concluded. “Then, we can go forward raising pork in the most efficient way that we possibly can and in a way that protects the health of the animal – and that’s what’s happening on the farm right now. We need to remind consumers of that.”
Read More:
Saving America’s Bacon from California’s Prop 12
Five Tips to Prevent Quiet Quitting on the Pig Farm
