With 5 million members between them, the National Pork Producers Council and the American Farm Bureau Federation led a coalition urging Congress to provide regulatory certainty for farmers across the country forced to comply with California Proposition 12.
The coalition of nearly 400 agricultural groups sent a letter to Speaker of the House Mike Johnson (R-LA) and Democratic Leader Hakeem Jeffries (D-NY), detailing robust arguments opposing the extraterritorial state law.
“The massive problems caused by Prop 12 cannot be solved via regulation or executive order—it is solely Congress’ authority and responsibility to provide a solution, as noted in the 2023 U.S. Supreme Court decision,” the coalition says. “Prop 12 has created uncertainty across rural America, especially on small and medium-sized farms, as they have less financial ability to retrofit barns to comply with the restrictive law.”
NPPC points out that there is significant bipartisan willingness to fix Prop 12.
- Trump administration Secretary of Agriculture Brooke Rollins said, “[Proposition 12] is not just affecting California. It’s affecting multitudes of other states, multitudes of other parts of the ag community, including our hog family farms.”
- Biden administration Secretary of Agriculture Tom Vilsack said, “California’s Proposition 12 is not a narrow issue, nor is it a regional one. It goes to the heart of whether farmers across the country can operate under consistent, responsible, science-based standards—or be subject to a shifting patchwork of mandates they cannot control and cannot afford. When I served as Secretary of Agriculture the Supreme Court of the United States made clear, resolving these interstate challenges is the responsibility of Congress. I encouraged Congress to act then, and I am again encouraging Congress to act now. The farm bill presents a clear and immediate opportunity to provide that certainty and uphold the principles that have long sustained American agriculture and the affordability of our food supply.”
Prop 12 and similar laws do not improve animal welfare and lack scientific evidence, NPPC adds.
- The American Veterinary Medical Association said, “the arbitrary housing requirements in Prop 12 do not objectively improve animal welfare and may unintentionally cause harm.”
- Prop 12 sets the stage for an unworkable 50-state patchwork of laws.
- A proposal in Oklahoma would increase housing requirements beyond Prop 12. This means that pork producers nationwide, regardless of whether they have converted to be Prop 12-compliant, would yet again be out of compliance to access another state market.
It’s undeniable that farmers’ costs to house their animals are increasing, NPPC says.
- Multiple university studies show that constructing new, Prop 12-compliant barns can cost 25% to 40% more per sow than other housing styles, not including the estimated 15% higher operating costs per pig caused by reduced productivity.
Prop 12 is responsible for declining food affordability as grocery story pork prices are skyrocketing, NPPC reports.
- North Dakota State University economists found that since Prop 12 was implemented, prices for covered products in California have increased nearly 20% on average.
- Prop 12 leads to pork industry consolidation, as smaller farms close their doors because of the regulatory burdens and high costs of complying with Prop 12.
- AFBF economists analyzed the impact of state laws on interstate commerce in a recent Market Intel. According to a study by the University of California’s Gianni Foundation, the impact of the higher prices on people’s pork purchases, with California’s share of consumption falling from 10% of all U.S. pork to 8% when Proposition 12 took full effect on Jan. 1, 2024.
- Ultimately, consumers pay the bill for the disruption caused by these laws. Farmers are price-takers, not price-makers, the Market Intel report says. A farmer who has invested in complying with laws like Proposition 12 is at the mercy of a packer to pay a premium for a product they can sell in Massachusetts or California - though even that premium may not cover the farmer’s costs. When packers pay farmers more, they likely pass that cost on to retailers, who then charge shoppers more for pork.
This coalition, representing more than 5 million Americans, urges passage of the 2026 House Farm Bill to “protect everyone’s freedom to farm while also allowing states to act independently by allowing laws that regulate practices and impact commerce within their borders.”
A full House floor vote is expected for late April/early May.
