Ironic Timing: NPPC, AFBF File Reply Brief on Prop 12, CDFA Finalizes Rules
On the same day the National Pork Producers Council (NPPC) and American Farm Bureau Federation (AFBF) filed a reply brief with the U.S. Supreme Court on California's Proposition 12 animal welfare law, the California Department of Food and Agriculture (CDFA) announced it has completed the Proposition 12 implementation rules.
NPPC and AFBF will present their case why the appeals court judgment upholding Proposition 12 should be reversed before the Supreme Court on Oct. 11.
"Today's filing of our reply brief to petitioners brings the National Pork Producers Council and the American Farm Bureau Federation one step closer to the Supreme Court hearing our case on how California Proposition 12 violates the U. S. Constitution," says Terry Wolters, NPPC president and owner of Stoney Creek Farms in Pipestone, Minn. "We look forward to presenting our case before the Supreme Court on October 11 to defend the livelihoods of America's pork producers."
In the reply brief filed Sept. 7, the groups allege Proposition 12 is unconstitutional extra-territorial regulation. California imports 99.9% of the pork consumed in the state.
"Proposition 12 requires structural changes to an industry that plays 'a significant role in the economy of the U.S.,' and that those changes will increase sow mortality, decrease herd size, interfere with entirely out-of-state contracts, and result in consumers nationwide paying for California’s preferred out-of-state farming practices," the brief stated.
Wolters says it's ironic that CDFA announced its completion of the implementation rules on the same day the reply brief was filed with the Supreme Court - more than three years after the original statutory deadline. The animal confinement regulations are effective Sept. 1, 2022.
"This delay unnecessarily exacerbated pork supply chain disruptions and now creates significant concerns for farmers that these arbitrary regulations put the nation's pig herd at risk of disease. Any farmers raising pigs that provide pork products to the California market must register and will be required to have California agents inspect their farms, which will create serious biosecurity threats across the country," Wolters says.
Liz Cox, DVM, oversees the Animal Care Program within California Department of Food and Ag (CDFA) that's in charge of implementing and enforcing Proposition 12. During a recent conference, Cox shared an update and clarification of the proposed rules that are now finalized. Read the full story here.
On the CDFA website, Cox shares lessons learned about Proposition 12 from her visits to 10 sow farms across the U.S., including operations in California, Iowa, Texas, Missouri, Pennsylvania and Minnesota.
More from Farm Journal's PORK:
Proposition 12 Compliancy: Don’t Do It for Free, Hollis Says
Why Agriculture Can’t Ignore Proposition 12 and Question 3
Biden Administration Backs NPPC, Farm Bureau in Prop 12 Supreme Court Case
