The Supreme Court of the United States recently agreed to take up the National Pork Producers Council (NPPC) and American Farm Bureau Federation’s (AFBF) challenge to California’s Proposition 12. The court could hear arguments shortly after a new term begins in October. 
NPPC and AFBF are petitioning the Supreme Court to consider the constitutionality of one state imposing regulations that reach far outside its borders and stifle interstate and international commerce. And in this case, it’s about arbitrary animal housing standards that lack any scientific, technical or agricultural basis and will only inflict harm on U.S. hog farmers. 
John Anderson, president of Minnesota Pork Producers, told delegates at Manitoba Pork’s 2022 Annual General Meeting in Winnipeg, MB, that California’s Proposition 12 raises international concerns.  
“Proposition 12 will impact pork production practices throughout the United States and Canada.” 
Proposition 12, a California ballot initiative passed in 2018, imposes new minimum space requirements for calves raised for veal, breeding sows and laying hens, restricts certain production practices and bans the sale of products in California from any farm that fails to meet those standards. 
Anderson said it goes right back to Proposition Two some 10, 15 years ago a mandate where producers needed facilities so the sow could turn around and lay down getting rid of gestation stalls. Proposition 12 increased the number of square footage the animal needs and the length of time it could stand or be in confinement for breeding purposes, care, etc. 
California consumes 13 percent of the pork produced in the United States but a minuet sow herd less than one per cent of all sows in the U.S.  
“They import pretty much all their pork from, from other states. So, we think as an organization that one state can’t dictate to another state what type of production practices they should use.” 
Consumers have implications, especially in California and other states starting with a pork shortage. It’s costly to retrofit barns or build new barns to comply with the new California law since there are still no written rules making it very difficult to build the barn.  
“It goes against our animal husbandry-type skills that take care of the animal first, which this doesn’t address.” 
Anderson said the significance of the Supreme Court hearing this case is to keep the California market from going Proposition 12. Other states will be looking at referendums or initiatives on their ballots. Pork producers are hoping for a precedent-setting ruling so the industry knows where to go or where the end posts are. 
With a million to two million weanlings and feeders moving from Canadian producers to Minnesota and the same amount to Iowa their sow barns would be subject to the same regulations as American barns. If wanting to comply to Proposition 12, the same rules would apply to the Canadian sow.  
The unknowns are what is Proposition 12, the regulations and its implementation including audits. For example, how will a producer know the difference between a compliant barn spending 30 percent more on building a new sow farm and getting the extra value? And the pork goes through the system and into Californian consumers’ tables. •

— By Harry Siemens