In a 5-4 ruling, the U.S. Supreme Court has upheld California’s Proposition 12, which establishes animal welfare requirements that producers must satisfy to have their product sold in the state of California.

“While we still don’t know how these new regulations will be implemented, it’s disappointing that one state, California, can dictate how the rest of the country raises its livestock,” said Indiana Farm Bureau President Randy Kron.

“We are very disappointed with the Supreme Court’s opinion,” said Josh Trenary, executive director of Indiana Pork. “Misguided regulations generated by one state but applied nationally place a strain both on pork farmers and consumers.”

Proposition 12 bans the sale of pork within the state of California unless that pork is from farms that meet very specific space requirements for pregnant pigs. The National Pork Producers Council and the American Farm Bureau Federation had appealed lower court rulings in favor of the rule on the basis that the measure violates the “ dormant commerce clause.” This refers to the prohibition, implicit in the commerce clause (Article 1, Section 8, Clause 3 of the U.S. Constitution), against states passing legislation that discriminates against or excessively burdens interstate commerce.

“The arbitrary standards take away flexibility to ensure hogs are raised in a safe environment,” said Zippy Duvall, AFBF president. “Prop 12 will cause further consolidation in agriculture nationwide and lead to higher pork prices at the grocery store for America’s families. This law will ultimately harm consumers, farmers and animals.” 

Both INFB and the Indiana Agricultural Law Foundation joined other state Farm Bureaus and ag groups by filing an amicus curiae brief in this case.

The ruling was handed down May 12, so the ag industry is still analyzing the ruling’s potential effects. Trenary said the next step will be for industry groups to start talking to the state of California about how the rule will be implemented.

“The pork industry has dealt with regulatory policy wins and losses for decades,” Trenary said. “Pork farmers are committed to producing safe, affordable, high-quality protein and have always found ways to do so in any regulatory environment. The level of difficulty in accomplishing that goal certainly went up because of this decision, but pork farmers are great at overcoming challenges.”

“Livestock producers, and their processors, will have to determine if they want to serve the California market,” noted Kron. “If they do, they will adapt and adjust their operations to meet these new requirements. Farmers are resilient.”