Legal options all but exhausted against Prop 12

by | Sep 14, 2023 | 5 Ag Stories, News

When the Supreme Court ruled earlier this year that there was no legal reason for them to overturn California’s Proposition 12 ballot measure, at least not based on the arguments raised, it was obvious that Congress was going to be the best way forward. The Supreme Court said in its opinion that even though the Prop 12 initiative was legal, it was setting a very dangerous precedent in the American economy, not just for agriculture. However, it was Congress who had to define the rules, not SCOTUS.

Since then, there have been a few options being put in motion. There are separate bills, such as the EATS Act. There are also thoughts of trying to add language into the farm bill and avoid the need for standalone legislation.

While this has been going on, the National Pork Producers Council has also been exploring all options. This includes supporting Congressional action, but also reaching out to California to try and educate consumers, work with the state government, and also try and broker for a smooth transition should Congress fail to accomplish anything.

Michael Formica is the Chief Legal Strategist with the NPPC, and he discusses what the organization is doing at this point.

Formica says that the list of options is small. They don’t have too much wiggle room.

NPPC CEO Bryan Humphries talks about what is being done to smooth the transition for producers should Congress not act on any Prop 12 legislation.

The original July 1st deadline for compliance with Prop 12 was moved back by the State of California to December 31st. This was to allow more time for producers to switch their facilities in an effort to become compliant.