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NPPC Tells Court Prop 12 is 'Clear Regulatory Overreach
USAgNet - 04/19/2021

The National Pork Producers Council and American Farm Bureau Federation gave oral arguments before the U.S. Court of Appeals for the Ninth Circuit, asking the court to strike down California's Proposition 12 as unconstitutional under the dormant commerce clause.

Proposition 12, set to begin implementation on Jan. 1, 2022, imposes arbitrary animal housing standards that reach far outside of California's borders to farms across the country, and bans the sale of pork that does not meet those arbitrary standards. California, with nearly 40 million residents, represents approximately 15 percent of the U.S. pork market.

The state has a majority Latino and Asian population, both of which have long-standing cultural preferences for pork.

Proposition 12 will dramatically reduce the supply of pork for Californians, driving up prices for consumers and disproportionately affecting low-income households.

As NPPC Assistant Vice President and General Counsel Michael Formica told DTN this week, Proposition 12 "is a clear regulatory overreach and a violation of the Commerce Clause of the U.S. Constitution." NPPC anticipates a court ruling by mid-summer.

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