Meat+Poultry - July 2022 - 57

An important development in the legal
saga surrounding California's Proposition 12
animal confinement law is the US Supreme
Court's decision to hear oral arguments in the
case. Proposition 12, or Prop 12, sets minimum
space requirements for veal calves, laying
hens and sows and prohibits the sale of pork,
eggs and veal sourced from animals confined
in spaces that do not comply with Prop. 12
standards regardless of their origin. The high
court is taking the case on appeal from the US
Court of Appeals for the 9th Circuit, which in
July 2021 upheld a lower court ruling against
a lawsuit filed by the National Pork Producers
Council (NPPC) and the American Farm
Bureau Federation (AFBF).
In June, the North American Meat Institute
(NAMI) filed an amicus brief with the high
court arguing, in part, that the " ...Constitution
denies California the authority to dictate the
conditions under which farm animals must be
housed outside California's borders. Nor may
California erect trade barriers whose purpose
and effect are to regulate commerce outside
the State. "
Dillard summarized the opposing
arguments - that the effects of Prop 12 are
largely going to extend outside of California,
and producers and consumers are going to
be burdened by it - consumers in other states
will pay higher prices for pork because of
California's law. However, California is arguing
that pork produced in the state and elsewhere
is being treated the same and the indirect
impacts are permissible under current law.
Dillard said the high court is being asked
to determine if the burden on out-of-state pork
producers is excessive in relation to the local
interest the state of California is claiming.
" In terms of local interests that have been
accepted as valid local interests [includes]
health or safety, environmental protection is
another item and consumer protection, " Dillard
said. " Oftentimes, courts are reluctant to wade
in if there is some type of stated local interest
deemed legitimate. "
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