Meat Institute Asks Supreme Court to Review Case Against California’s Prop 12

The North American Meat Institute (Meat Institute) filed a petition for a writ of certiorari on Friday asking the Supreme Court of the United States to review an earlier ruling of the U.S. Court of Appeals for the Ninth Circuit in the Meat Institute’s challenge to the constitutionality of California’s Proposition 12: The Farm Animal Confinement Initiative (Prop 12 or the law).

According to the Meat Institute, this law is unconstitutional and will hurt the nation’s food value chain by significantly increasing costs for producers and consumers. Read the petition here.

“Prop 12 hurts the family on a budget by causing higher prices for pork, veal and eggs, and unfairly punishes livestock producers outside of California by forcing them to spend millions just to access California markets,” Meat Institute President and CEO Julie Anna Potts said in a release. “If this unconstitutional law is allowed to stand, California will dictate farming practices across the nation.”

The case highlights this important question, the Meat Institute said. Will the U.S. Constitution permit California to extend its police power beyond its territorial borders by banning the sale of wholesome pork and veal products sold into California unless out-of-state farmers restructure their facilities to meet animal-confinement standards dictated by California?

In its brief, the Meat Institute urged the Court to grant review because the “Ninth Circuit’s decision conflicts with the decisions of other federal courts of appeals on the question whether the Constitution limits a State’s ability to extend its police power beyond its territorial borders through a trade barrier dictating production standards in other States and countries.”  

Furthermore, the Meat Institute said allowing Prop 12 to stand “insulates in-state farmers from out-of-state competition, while imposing crushing burdens on out-of-state farmers and producers who have no political voice to shape the regulations that California has unilaterally determined to foist upon their operations outside of California.”

Michael Formica, assistant vice president and general counsel for National Pork Producers Council (NPPC), said in an October 2020 Farm Journal's PORK article that compliance with Proposition 12 will cost individual farmers millions of dollars.

"The ones least able to bear that cost will be small family farms,” Formica said.


Read more:

California’s Proposition 12 Would Cost U.S. Pork Industry Billions

New Briefs Filed in Support of NPPC’s Proposition 12 Lawsuit

Pork Industry, Don’t Underestimate Proposition 12

Court Upholds California Proposition 12

California’s Proposition 12: NPPC, AFBF Seek to Strike as Invalid

 

Latest News

NCBA Reports On Q1 Voluntary Price Discovery Framework

NCBA president Jerry Bohn said a major trigger in negotiated trade data was tripped during the first quarter of 2021, as determined by the Live Cattle Marketing Working Group Regional Triggers Subgroup.

TSCRA Disaster Relief Fund Distributes Aid

Thanks to contributions from across the U.S., Texas & Southwestern Cattle Raisers Association Disaster Relief Fund mailed checks totaling $112,750 to cattle raisers financially burdened by February’s Winter Storm Uri.

Retail Beef Sales Remain Strong During February

Sales of all food and beverage items during February were 11.8% higher than during February 2020, and the meat department was an above-average performer.

Land Grab or Climate Solution? President Biden Could Unveil '30 by 30' Plan Details Next Week

Details of a U.S. land and water related executive order could be unveiled soon. Known as the ’30 by 30’ plan, it would place 30% of U.S. lands and 30% of U.S. waters under federal jurisdiction by 2030.

Ranching by the Seat of Your Pants

Oregon rancher Alec Oliver was determined to return to ranching and working from horseback after he was paralyzed in a vehicle accident nearly a decade ago.

CRP ground rotator
Vilsack Hints at Possible CRP Changes Coming Soon with Biden's 30 By 30 Plan

CRP could be in focus again. Secretary of Agriculture Tom Vilsack said this week that he thinks greater opportunities are coming for landowners to take less productive farmland out of production and place into CRP.