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Proposition 12 legal challenge underway

Ag groups are making their case in the legal challenge of California’s Proposition 12 this week.  Beginning January 1, 2022, Proposition 12 prohibits the sale of pork not produced according to California’s standards and applies to any uncooked pork sold in the state, regardless of if it was raised in California. 

Michael Formica, general counsel for the National Pork Producers Council says California was supposed to release their final regulations last September and has yet to do so, and that’s a huge concern for the industry.  “Prop 12 contemplated it and expected we’d have over two years after those regulations came out to figure out how to comply,” he says.  “And California has not even proposed regulations yet.”

He says less than 1 percent of pork produced in the US currently meets Proposition 12 requirements.  “And there has not been a lot of conversions going on,” he says.  “There’s really likely to be some lag in when those conversions happen because producers don’t know what the court case is going to say and they don’t know what the California regulations are going to require.”

Iowa pork producer and president of NPPC Jen Sorenson says it puts all pork producers in a very challenging position.  “It will cost individual producers millions of dollars to make these changes,” she says. “And the ones least able to bear that cost are the small family farms.  The loss of this market will put many hog farmers out of business and ultimately lead to further industry consolidation.

Formica says it isn’t just pork producers who will be impacted, pork consumers in California will also be hurt.  “Prop 12 is going to remove the protein of choice for 55 to 60 percent of California residents and its going to be removed as a low-cost option,” he says.  “The pork that they will have is going to be significantly more expensive there.”

The law forbids sale of pork meat in California from pigs born from sows not housed in facilities that comply with the law.  Proposition 12 requires that sows be able to lie down, stand up, fully extend their limbs, and turn around without touching the sides of the stalls or other animals. 

Formica and Sorenson made their remarks during a NPPC media call following their Legislative Action Conference this week.