California Proposition 12 returns to court once again, this time with the American Farm Bureau Federation and the National Pork Producers Council. The groups have asked the United States Supreme Court to file a lawsuit against California Proposal 12, which would ban the sale of pork from pigs that do not meet arbitrary production standards in the state.

Effective January 1, 2022, Proposition 12 will ban the sale of pork from pigs whose mothers (sows) have been raised – anywhere in the world – in pens that do not meet California’s highly prescriptive housing standards. It applies to all raw pork sold in the state, whether produced there or outside its borders. Almost all of the pork currently produced in the United States does not meet California’s arbitrary standards.

The appeal to the High Court comes after the U.S. Court of Appeals for the 9th Circuit over the summer upheld a lower court ruling against the NPPC-AFBF case. The appeals court concluded that despite plausible claims from organizations that Proposition 12 “will have dramatic upstream effects and require ubiquitous changes in the pork industry nationwide,” the 9th Circuit precedent will not allow not for the case to continue. However, the groups point out that the precedent flies in the face of many Supreme Court rulings and conflicts with nearly every other federal circuit court.

“We call on the Supreme Court to review the constitutionality of a state imposing regulations that extend far beyond its borders and stifle interstate and international commerce,” said NPPC President Jen Sorenson. “In this case, arbitrary animal housing standards that have no scientific, technical or agricultural basis and which will only hurt American pig farmers.”

Typically, the Commerce Clause grants Congress the power to regulate interstate commerce and prohibits states from regulating commerce outside their borders, except for matters related to public health and safety.

“Proponents of Proposition 12 said it would improve animal welfare and food security. The law does not solve any of these problems, ”said AFBF President Zippy Duvall. “Farmers know the best way to take care of their animals. This law removes the flexibility needed to ensure pigs are raised in a safe environment while increasing the cost of food for American families. Small family farms far beyond the borders of California will be hit hardest as they are forced to make costly and unnecessary changes to their operations. This will lead to more consolidation in the pork industry and higher prices at the grocery store, which means every family in America will ultimately pay the price for Prop 12. “

Even though the law is expected to come into effect in January 2022, the California Department of Food and Agriculture is still drafting regulations to implement Proposition 12 and has admitted that the initiative will not have no effect on food security while increasing the mortality rate for sows subjected to it.

To continue selling pork to the 40 million consumers who live in California, which represents about 15 percent of the U.S. pork market, pork producers would need to switch to alternative sow housing systems. Industry estimates for converting sow barns or building new ones to meet Prop 12 standards run into the billions of dollars, with consumers bearing the ultimate cost due to higher pork prices.

A copy of the NPPC-AFBF certiorari application is available here.