NPPC, AFBF File Legal Challenge to California’s Proposition 12
WASHINGTON, D.C., December 6, 2019 –The National Pork Producers Council and the American Farm Bureau Federation have filed a legal challenge to California’s Proposition 12, which imposes animal housing standards that reach outside of California’s borders to farms across the United States and beyond.
“Proposition 12 revolves around a set of arbitrary standards that lack any scientific, technical or agricultural basis, and will only serve to inflict further harm on U.S. hog farmers,” said Jen Sorenson, NPPC vice president. “California represents approximately 15% of the U.S. pork market, and Proposition 12 will force hog farmers who want to sell pork into the populous state to switch to alternative housing systems, at a significant cost to their business. U.S. pork producers are already fighting to expand market opportunities overseas. We shouldn’t have to fight to preserve our domestic market too,” she added.
“This law was sold to California voters as a solution to improve animal welfare and food safety, but it has nothing to do with food safety, and many animals will suffer more injury and illness under its arbitrary rules,” said AFBF General Counsel Ellen Steen. “The best way to protect animal well-being is to allow farmers to make farm-specific and animal-specific decisions on animal care. Prop 12 will deny them that ability while driving up their costs. The hardest hit will be family farms, especially smaller independent farms. That means Prop 12 will also lead to fewer family farms and greater consolidation in the pork industry,” she said.
Beginning Jan. 1, 2022, Proposition 12 prohibits the sale of pork not produced according to California’s highly prescriptive production standards. The proposition applies to any uncooked pork sold in the state, whether raised there or outside its borders. Currently, less than 1% of U.S. pork production meets Prop 12’s requirements. In order to comply with Proposition 12, U.S. hog farmers need to start making investment decisions today to be ready by the implementation date.
The complaint asks the courts to strike Proposition 12 as invalid under the Commerce Clause of the U.S. Constitution. A copy of the complaint is available here.