Never Underestimate the Resolve of the American Pork Producer
Missouri pork producer Scott Hays says he doesn’t anticipate making the changes needed to his pig farm to become Proposition 12 compliant.
“Our concern is if other states start adopting these types of rules, how long can we continue to raise pigs the way that we think they need to be raised?” Hays explains.“My dad and grandfather housed sows this way years ago. We decided then that was not the way we wanted to take care of our animals on our farm. Other farms have decided to do it differently, and that's fine, but what’s important is the individual care given to each animal.”
Hays serves as the current president of the National Pork Producers Council (NPPC) and shared his thoughts about the Supreme Court’s decision during a NPPC press conference. As a fifth-generation pork producer, he’s very disappointed in this ruling.
“We've raised pigs on our farm for a long time like many producers across the Midwest, and with help from our swine veterinarians, we know we're the experts in raising pigs. Now we may have to raise pigs in a way that is dictated by some folks who really don't know much about it,” Hays says. “As resilient as producers are, we’ve been through tough times before and we'll figure this one out as well. It's just a real unfortunate turn of events.”
A Tough Time for Farmers
Although the Supreme Court’s decision on Thursday is the end of NPPC’s case, it doesn’t mean they won’t keep fighting, says Brian Humphreys, NPPC CEO.
“I would be remiss if I didn't start off by saying that we are disappointed in the court's ruling, and we had hoped for a different outcome. But we didn't necessarily hope for a different outcome just for our producers and our farmers who are going to be impacted by this ruling. We hoped for a different outcome for the consumers of California in a recognition of the burden this is going to place on them,” Humphreys says.
The pork industry is experiencing a dire time in history where it is facing high input costs in some of the most challenging economic times the pork industry has seen in 20 years, he adds.
“It’s not only a difficult ruling, but it’s also a difficult time for our industry to navigate through this,” Humphreys says. “Even in these challenging times, never underestimate the desire of the American pork producer to succeed in light of these challenging struggles that we face.”
The Legal Battle Ahead
Proposition 12 has been a hard-fought battle, says Michael Formica, NPPC chief legal strategist.
“We knew going in, that this was not going to be an easy fight to win, mostly because the areas of the Constitution that we had to address and litigate over are ones that are in constant state of flux and part of a highly charged political and legal environment,” Formica says. “While the majority of the court agree that this is causing significant harm to the pork industry and this is having an impact on commerce, a majority of the court also agreed that this ultimately is a political issue.”
Competing interests are at play when one state decides to reach outside its borders and regulate activity in other states, he says. That’s why this case is part of a longer-term fight.
“NPPC stands here ready to continue to defend, not just the pork industry, but the right of all farmers to farm, produce food and provide nutrition for consumers here in the country and across the world,” Formica says.
How Will Prop 12 Impact Pork Production?
Some producers have built or are trying to build Prop 12 compliant facilities. Hays encourages other pork producers, if they haven't moved towards Prop 12 compliancy yet, to study it to make sure it works for their farm operation before they jump into it.
“The big change is moving animals into group housing where the females will be housed in groups. This increases the square footage,” Formica says. “But there's no science behind the square footage of 24 square feet. We don't know where California got that number.”
Formica’s concern is that there's going to be a boss sow and a sow in the pen that's not treated very well. Now farms will have to deal with that, he adds. Some group housing systems in the past had ways of dealing with this by putting those sows into individual pens. Unfortunately, Prop 12 won't allow that, he says.
“One of the challenges we initially faced with Prop 12, not beyond the prescriptive mandates it imposed, was a timeline that was near impossible for the industry to comply with,” Formica says. “We set out both to challenge Prop 12, but also to give the industry time to begin working on figuring out a way to come into compliance. Many of our producers took advantage of that time to begin investing in new facilities and new production, in retrofitting existing production, and have made substantial investments to that regard.”
Going forward, one of the things they need to work out with California is what implementation looks like.
“There is currently an injunction in place on enforcement of Proposition 12 until July 1. But what exactly does that mean? What has to happen on July 1? We have a number of questions and we are trying to work through this to get clarity, so we have minimal disruptions to the marketplace,” Formica says.
What’s Next for NPPC?
NPPC is evaluating all of its options and has a number of conversations going on about what’s next.
“We've seen comments from members of Congress who are just as frustrated by this ruling as we are,” Humphreys adds. “At this point, we haven't ruled anything out. But we also are continuing to evaluate that as we move forward.”
The concerns go beyond pork. The Supreme Court basically said a state can impose its moral standard on another state, Hays emphasizes.
“Where does that stop? That's a concern with some of the congressmen, and I think we will see further action. It's just unfortunate that our industry has to deal with it until it's figured out,” Hays says.
Formica believes the failure of Congress to weigh in and the lack of action shouldn't prevent judges from being able to weigh in and draw clear boundaries between states. He believes it is critical to preserve the rights of not just states, but the citizens of a state, to not have their businesses and farms dictated to and regulated by states that literally are thousands of miles away.
More from Farm Journal's PORK:
Prop 12 Ruling: A Major Blow to Farmers and Consumers Who Will Pay the Price
BREAKING: Supreme Court Backs California Prop 12
Prop 12 Reactions: From Hogwash to Delight
Ripple Effect of Prop 12 Will Be Nothing But Bad News, Rep. Johnson Says
