30 • URNER BARRY'S REPORTER / VOL. 18, NO. 4 / FALL 2023
whether the product was raised in the state
or outside its borders.
In June 2023, the Superior Court for the
County of Sacramento signed an order that
provided an extension for the continued
sale of non-compliant whole pork meat in
California that was already in the supply
chain by July 1, 2023. Anything harvested
after July 1 must be Prop 12 compliant to be
sold in California.
California represents roughly 12% to 13%
of U.S. pork demand, but has less than 1%
of the nation's breeding herd. As much as
90% of the pork consumed in California is
imported from the Midwest.
Estimates suggest that just 4% of the
nation's sow housing meets the law's
Following several years of legal challenges,
the U.S. Supreme Court backed California's
Proposition 12 on May 11, 2023 in a
5-4 decision.
The National Pork Producers Council
(NPPC) and the American Farm Bureau
Federation (AFBF) had argued that
Proposition 12 is unconstitutional because
the law violates the Constitution's
Commerce Clause, which restricts states
from regulating commerce outside
their borders.
NPPC president and Missouri pork
producer Scott Hays issued the following
statement after the Supreme Court's
ruling: "We are very disappointed with
the Supreme Court's opinion. Allowing
state overreach will increase prices for
consumers and drive small farms out of
business, leading to more consolidation.
We are still evaluating the Court's full
opinion to understand all the implications.
NPPC will continue to fight for our nation's
pork farmers and American families against
misguided regulations."
Proposition 12 originated as a 2018 ballot
initiative and requires veal calves, breeding
pigs, and egg-laying hens to be housed
in systems that comply with specific
standards. Breeding pigs are required to
have a minimum of 24 square feet per
animal, up from the industry standard of 14
to 20 square feet.
Prop 12 prohibits the sale in California
of whole meat and eggs not raised in
compliance with the law's regulations,
Controversial California law upheld…
How are the hog and pork
industries adjusting to
Proposition 12?
"Under Prop 12, breeding pigs
are required to have a minimum of
24 square feet per animal, up from the
industry standard of 14 to 20 square feet." ©Dusan Petkovic / Shutterstock.com