In its recently issued proposed rules for implementing California’s Proposition 12, the state acknowledged the ballot initiative’s arbitrary animal housing standards for hogs are not based on specific, peer-reviewed published scientific literature, and the initiative will increase in-state pork prices, impacting low-income residents especially hard.
The National Pork Producers Council shared those findings in a filing to the U.S. Court of Appeals for the Ninth Circuit. NPPC and the American Farm Bureau Federation have filed a lawsuit with the court, asking it to strike down Proposition 12 as unconstitutional under the dormant clause. Set to go into effect on Jan. 1, 2022, it applies to any pork sold in California, whether raised there or outside of the state’s borders. The proposal is open for comment through July 12; California was required to finalize implementation rules by Sept 1, 2019. As NPPC Assistant Vice President and General Counsel Michael Formica told reporters: “We need final rules and California has not issued final rules. They’re not even close.”
NPPC anticipates a court ruling in its lawsuit against California by mid-summer.