March 31, 2022

 

US Supreme Court to review California, US pork standards

 

 

The US Supreme Court will decide whether pork production standards in California state, US unconstitutionally restricts commerce between states, Capital Press reported.

 

The court will review a ruling by the 9th U.S. Circuit Court of Appeals, which upheld a law passed in California called Proposition 12 that banned pork sales from farms with extreme methods of farm animal confinement. The law established minimum confinement standards for swine.

 

The National Pork Producers Council and the American Farm Bureau Federation challenged the restrictions of Proposition 12 in federal court for affected farms out-of-state.

 

Last year, the 9th Circuit ruled that Proposition 12 only affects pork sold in California and does not determine prices or disfavour meat from out-of-state.

 

Both organisations have called on the US Supreme Court to review the judgement because swine farmers cannot implement a separate supply chain for California, which means Proposition 12 will be implemented across the country.

 

More than 99% of pork in California are imported. The plaintiffs said State agriculture officials from California must be given access to swine farms out-of-state to enforce restrictions, and documents for shipping must identify if the meat can be sold in that state.

 

US swine farms typically raise hogs in 14 square feet of space and do not allow the livestock to turn around due to hygienic and animal welfare reasons. In Proposition 12, farmers must provide 24 square feet of space.

 

The groups said farmers may need to spend between US$300 million to US$350 million to comply with Proposition 12, which includes reconstructing or building new sow housing and offset output losses.

 

Lawyers in California argued that the Supreme Court should not review the case as it does not violate the US Constitution's Commerce Clause. This clause allows only Congress to regulate commerce between US states.

 

The lawyers said major food companies have begun converting towards expanding swine space and some have said they will comply with Proposition 12.

 

-      Capital Press