How Prop 12 Could Impact Crop and Livestock Producers

“If California were to win this Supreme Court case, there’s nothing stopping the state from saying, for example, you can only sell corn in California if it’s harvested with an electric combine,” says Dillard.

Winds of Change Pig Weathervane
Winds of Change Pig Weathervane
(Farm Journal)

More than half of Californians voted in favor of stricter restrictions on animal confinement, commonly called Prop 12, which took effect on Jan. 1.

The law not only altered its livestock raising standards, but it also banned the sale of animal-derived products that do not comply with statute’s regulations. This means producers in other states cannot sell eggs, veal and pork products in California unless they meet Prop 12’s standards.

Challenged by numerous ag alliances, Prop 12 is scheduled to be taken up by the U.S. Supreme Court on Tuesday.

Impact for Crop Producers

If the Court rules in favor of California, the legislation will open a door to a much larger arena of regulatory authority. This case should have all producers on high alert, according to John Dillard, principal at OFW Law.

“If California were to win this case in the Supreme Court, there’s nothing stopping the state from saying, for example, you can only sell corn in California if it’s harvested with an electric combine,” he says.

Dillard says the Supreme Court’s ruling could give the green or red light for each state to set its own standards on any and all products that come across state lines.

Jim Wiesemeyer, Profarmer policy analyst told AgriTalk Host Chip Flory that he believes once all Prop 12 arguments are heard on Tuesday, the Court won’t produce a final ruling until next June.

The live court hearing will be available here on Tuesday.

More on Prop 12:

Follow California Proposition 12 SCOTUS Oral Arguments Live
Proposition 12 Will Push Pig Farmers Out of Business, NPPC and Farmers Say
California Proposition 12 Took Effect Jan. 1, But Supreme Court Action Ahead

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