Photo by Lea Kimley.

Prop 12 complaint denied

In late July, the U.S. Court of Appeals for the Ninth Circuit denied National Pork Producers Council and the American Farm Bureau Federation’s joint complaint that California’s Proposition 12 is a violation of the U.S. Commerce Clause. 

Set to begin on Jan. 1, 2022, Proposition 12 imposes animal housing standards that reach outside of California’s borders to farms across the United States and beyond. NPPC is disappointed in the court’s decision, and maintains its position on Proposition 12: it is a clear violation of the U.S. Constitution’s Commerce Clause. 

NPPC is evaluating the decision and next steps. The state was required to finalize implementation regulations by September 2019, and only issued the proposed regulations in May. In recent comments to the state’s proposed regulations, NPPC urged the state to delay the Proposition 12 implementation by at least two years from the date when the regulations are finalized.

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