Proposition 12: More Questions Than Answers
How will Proposition 12 be enforced? If I invest a lot of money to change my barn to become compliant for Prop 12, what’s coming next that I’ll need to adapt to? How will “split operations” be viewed under the law in regard to Prop 12?
When it comes to the specifics of implementation of Proposition 12, there are more questions than answers in the pork industry now.
Although California’s animal welfare regulation, Proposition 12, is still entrenched in a legal battle, I can’t help but agree with the perspective that Hyatt Frobose of Gestal recently shared: “Regardless of what happens from a legal standpoint, the train has left the station.”
Frobose works day-in and day-out with hog producers across the country to retrofit existing buildings and help design new buildings to be Prop 12 compliant. He says Prop 12 is on his mind 24/7 and he, too, is concerned about what could happen next.
That’s why it’s important to consider how pork producers can build in more flexibility in their operations.
“While we can’t avoid it, it’s important to remember that Prop 12 standards are not supported by science,” Frobose said. “And at a time where everyone is focusing in on sustainability, implementing Prop 12 will worsen our carbon footprint in pig production.”
Despite how we feel about Prop 12, we must recognize change is on the horizon.
“Producers need to accept that customer expectations around animal welfare and sustainability are changing,” said Christine McCracken, senior animal protein analyst at Rabobank, in a recent report. “Seeking out best practices and proactively establishing a higher bar would let the industry lead, rather than follow, on animal welfare and sustainability regulations.”
I think she makes an important point. Our industry is facing change from a lot of directions now, and it’s not just about Prop 12. Unfortunately, it’s one of many animal welfare and sustainability challenges facing agriculture. This attempt to mandate production practices is not unique and won’t be going away anytime soon.
As animal welfare regulations change, producers will be forced to adapt their operations to the new rules or potentially sacrifice the long-term value of the operations. Rather than react to a complex series of conflicting animal welfare and sustainability guidelines, McCracken said it’s time to take a proactive role in the conversation and shape its development.
The hard reality is that legal efforts likely won’t change anything anytime soon, said William J. Friedman of EarthClaims LLC. Friedman is an experienced litigator and owner of a supply chain verification services company.
"Constitutional challenges to laws like Prop 12 are notoriously lengthy and historically difficult to win. And, even when a law is reversed, the court's decision is typically a road map of things to fix for proponents of the defeated measure. In short, even a legal win is unlikely to change the long-term trend if the defeated measure is supported by consumers,” Friedman said. “That being said, Prop 12 obviously interferes with a complex, highly segmented marketplace that is mostly located outside of California. This should trouble any federal appellate court reviewing the constitutionality of Prop 12."
Friedman, Frobose and McCracken will tackle these tough questions and more on Prop 12 this Thursday, April 8 at 1 p.m. Central during a free Farm Journal’s PORK webinar. Register here.