Hog farmers across the country are being dictated to on how they make their living and support their family. The demands are being made by the state of California. The National Pork Producers Council (NPPC) and other Ag groups are challenging the law in Federal Court due to the overreaching and unnecessary burdens it will put on many family operations.
Audio: Full Interview with NPPC VP and General Counsel Michael Formica
Two years ago, California voters approved a ballot measure known as ?Proposition 12?, or ?Prop 12.? This proposition affects many agricultural industries like pork, veal, and eggs. The law states that any pork products sold in their state must be raised according to their guidelines. It does not matter where the hogs are raised, if you want to sell them there, you must comply with their laws. The rule is set to take effect on January 1st, 2022.
NPPC Assistant Vice president and General Counsel Michael Formica says that this was just another ?animal rights? ballot initiative designed to give people a warm and fuzzy feeling while putting the futures of family farms in jeopardy. All of this is being done to satisfy the agenda of extreme animal rights groups like Humane Society of the United States (HSUS) and the Animal Legal Defense Fund which are less worried about trying to save neglected puppies and kittens and more concerned with trying to abolish the livestock industry in this country.
There have been two lawsuits filed in the United States 9th Circuit Court of Appeals in San Francisco against Prop 12. The first was filed by the North American Meat Institute (NAMI). This organization approached it more from a meatpacker and distribution standpoint. They tried to get an injunction against the implementation of Prop 12. Their petition was recently dismissed.
The NPPC was joined by the American Farm Bureau Federation (AFBF) on their lawsuit on behalf of the farmers across the country. They also have received amicus briefs in support of their efforts from the federal government, numerous state Attorney Generals, and several business groups. Formica talks about the financial impact on family farms all because California has decided to dictate to producers on how to make their living. A recent study by the University of Minnesota states that the conversion costs would be somewhere between $1.9 and over $3.2 billion.
NPPC and AFBF challenge that Prop 12 challenges the commerce clauses of the United States Constitution. Formica said that the best way for them to attack it was to bypass the trial court level and go straight to the Federal Court system and challenge the law constitutionally. Formica adds that this gives them a better chance than what NAMI had to get Prop 12 blocked.
One big hurdle to the process is that to overturn a California ballot initiative as unconstitutional, they had to file in the 9th Circuit Court of Appeals. The 9th circuit is not known for its love of the agriculture industry. The 9th Circuit Court usually favors animal rights and environmental groups and consistently rules against the agriculture industry. However, they are also the most frequently overturned court by the United States Supreme Court, so even if the 9th Circuit Court sides with animal rights groups yet again, there is still a solid chance of blocking it in the highest court of the land, thus making it the policy for the rest of the United States.
Judicial politics aside, NPPC and AFBF feel they have a strong case in defense of the farmers across the country. California accounts for 13-15% of the consumption of pork produced in the United States. The flip side is that California, our largest Ag production state, has little to no significant commercial pork production.
According to the NPPC, California has large Asian and Latin communities that use pork as a staple in their cultural diets. Prop 12 would eliminate pork as an economical protein source for the state?s 40 million residents and drive down the availability of the product.
There is also a logistical nightmare for distribution. Just because California mandates this change, does not mean that all hog producers will comply. This means there will hardly be any way of telling what pork was raised according to California?s mandate. That will have an impact on the entire supply chain. What is more likely though is that it will become a heavy burden on smaller producers who will either need to find the financing to fund the changes needed so they can sell their products in a National marketplace being dictated by one state, or they will simply have to shut down that part of their family operations. Right now, because of the pandemic, securing capital to expand or change your operation is going to be a herculean effort.
The NPPC has released a quick fact guide on the impact California?s Prop 12 would have on the pork industry in 49 other states. You can find that right here. A copy of the opening brief filed by the NPPC and the AFBF can be found right here.
