A California judge ruled that the state’s Department of Food and Agriculture is more than two years late finalizing regulations for pork producers and halted enforcement of Proposition 12.
The ruling delays enforcement until 180 days after the final rules go into effect.
Agricultural groups, including National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF), opposed Proposition 12 and applauded the court’s decision.
“AFBF is pleased the Sacramento County Superior Court recognized that the state of California has rushed implementation of Proposition 12 without clear rules on how it will be enforced,” AFBF President Zippy Duvall said. “California voters were told the law would improve animal welfare and food safety, but it fails to accomplish either of those goals.”
Proposition 12 would ban the sale of pork from hogs that do not meet the state’s new production standards. Any whole pork meat from hogs born of sows not housed in conformity with the law cannot be sold in the state of California, regardless of whether the animal was raised in-state or out-of-state.
The organizations also noted the regulation unconstitutionally restricts interstate and international commerce.
This “ruling is another example of inherent flaws in Proposition 12. Besides putting unfair pressure on retailers, it takes away farmers’ flexibility to ensure hogs are raised in a safe environment,” Duvall said. “Small farms across the country will be forced to make expensive and unnecessary changes to their operations, which will lead to more consolidation and higher food prices for all of America’s families. It’s imperative that the Supreme Court address the constitutionality of Proposition 12. The laws of one state should not set the rules for an entire nation.”
While the decision is welcome, NPPC said it is only a “temporary reprieve.”
“America’s farmers are still awaiting to hear if Supreme Court will hear their challenge to Proposition 12, and its clear violation of the dormant commerce clause,” NPPC General Counsel Michael Formica said. “If allowed to be fully implemented, Proposition 12 will cause catastrophic financial harm to America’s family farmers, driving many out of business and undermining the overall global competitiveness of the U.S. pork industry.”
The U.S. Supreme Court has not determined whether it will accept or reject the NPPC—AFBF case, which argues that the rule violates the Constitution’s Commerce Clause, limiting states’ ability to regulate commerce outside their borders.
The ruling, California Hispanic Chambers Of Commerce vs. Karen Ross, can be found here.
Read more on the National Pork Producers Council and AFBF Proposition 12 appeal to the Supreme Court.