Two animal agriculture groups are challenging California’s Proposition 12 on the grounds that it violates the commerce clause.
The National Pork Producers Council and the American Farm Bureau Federation have jointly filed an opening brief to the U.S. Court of Appeals for the Ninth Circuit, asking the court to strike California’s Proposition 12 as invalid. The groups say Proposition 12 imposes arbitrary animal housing standards that reach outside of California’s borders, thus violating the commerce clause of the U.S. Constitution, according to the court brief.
Beginning in 2022, Prop 12 prohibits the sale of pork not produced according to California’s production standards. The proposition applies to any uncooked pork sold in the state, whether raised there or outside its borders.
To comply with Proposition 12, U.S. hog farmers need to start making investment decisions today to be ready by the implementation date. Currently, less than one percent of U.S. pork production meets Proposition 12’s requirements.