Supreme court to hear NPPA and AFBA vs Ross

The National Pork Producers Council (NPPC) and American Farm Bureau Association (AFBA), began a legal battle in 2018 when California voters passed Proposition 12, which would ban sales of animals that are not raised to the state’s production standard. This includes animals that were raised outside of California. 

The Supreme Court agreed to hear the case during its March 25 conference. 

The NPPC and AFBA are jointly suing the state of California, claiming that Propostion 12 violates the Commerce Clause.

“In addition to its unconstitutional extraterritoriality,” NPPC President Terry Wolters said in an NPPC release, “Prop. 12 sets arbitrary animal housing standards that lack any scientific, technical or agricultural basis and that will only inflict economic harm on U.S. hog farmers and consumers.” 

According to the NPPC, California consumers account for 15% of the nation’s pork consumption with almost 40 million consumers total. 

The NPPC also states that less than 1% of current U.S. pork production meets Proposition 12’s requirements. 

The propostion will require hog farmers to provide sows 24 feet of floor space. 

According to the NPPC, fitting current sow enclosures to these requirements will cost pork producers billions and cause an increase in the cost of pork for consumers. 

Propostion 12 went into effect in January. 

“We are extremely pleased that the Supreme Court will consider the constitutionality of Proposition 12, in which California seeks to impose regulations targeting farming practices outside its borders that would stifle interstate and international commerce,” Wolters said. “NPPC has poured a lot of blood, sweat and tears into preserving the rights of America’s pork producers to raise hogs in a way that’s best for their animals’ well-being and that allows them to continue selling pork to all consumers, both here and internationally.”