In this file:

 

·         Ohio group joins fight against California’s livestock regulations

“Not only does California’s Prop 12 violate the U.S. Constitution, but it also undermines the unique American principle of federalism,” said Robert Alt, president and chief executive officer of The Buckeye Institute and a lawyer on the brief. “California’s extraterritorial regulation is incompatible with federalism and is nothing more than an attempt to impose its progressive agenda over the will and judgment of the voters in this country’s more sensible 49 other states – including Ohio.”

 

·         Ag Groups File SCOTUS Brief on Prop 12

Ag Groups Tell SCOTUS California's Prop 12 Illegally Regulates US Hog Industry

 

 

Ohio group joins fight against California’s livestock regulations

 

By J.D. Davidson, The Center Square

via The Neighbor (GA) - June 20, 2022

 

(The Center Square) – An Ohio group joined the fight against a California proposition that it believes imposes illegal regulations on the pork industry across the country.

 

The Buckeye Institute, a Columbus-based policy group, filed an amicus brief to the U.S. Supreme Court recently in a case filed by the National Pork Producers Council that challenges California’s Proposition 12, saying it violates the Constitution’s Commerce Clause, which restricts states from regulating commerce outside their borders.

 

California voters overwhelmingly approved the Farm Animal Confinement Proposition in 2018. It mandates space requirements for producers to follow for egg-laying chickens, calves for veal and hogs. It also bans the sale of eggs, pork and veal in California if product confinement standards don’t comply with the new space requirements.

 

“Not only does California’s Prop 12 violate the U.S. Constitution, but it also undermines the unique American principle of federalism,” said Robert Alt, president and chief executive officer of The Buckeye Institute and a lawyer on the brief. “California’s extraterritorial regulation is incompatible with federalism and is nothing more than an attempt to impose its progressive agenda over the will and judgment of the voters in this country’s more sensible 49 other states – including Ohio.”

 

The brief said with more than 99% of the pork consumed in California coming from farms outside of that state, the practical effect of California’s Proposition 12 is to regulate out-of-state farmers, including those in Ohio to which The Buckeye Institute objects.

 

“Ohio has comprehensive livestock care standards, which were adopted after careful consideration by the state’s policymakers and 7 voters,” the brief reads. “The decisions of those policymakers and voters should not be superseded – whether in form or function – by the decisions of another state.”

 

The American Farm Bureau Federation and National Pork Producers Council sued, and the 9th Circuit ruled against them...

 

more, including links

https://www.mdjonline.com/neighbor_newspapers/extra/news/ohio-group-joins-fight-against-california-s-livestock-regulations/article_0b4a9208-935e-5e6e-af26-94d7f1f04dee.html

 

 

Ag Groups File SCOTUS Brief on Prop 12

Ag Groups Tell SCOTUS California's Prop 12 Illegally Regulates US Hog Industry

 

By Todd Neeley, DTN/Progressive Farmer

6/20/2022

 

LINCOLN, Neb. (DTN) -- Alleging California's Proposition 12 would "transform the pork industry nationwide" in violation of the Commerce Clause, two agriculture groups asked the Supreme Court to declare the law unconstitutional in an opening brief filed in a case on Friday.

 

The Supreme Court accepted a petition filed by the National Pork Producers Council and the American Farm Bureau Federation, challenging the law that took effect in January.

 

Proposition 12 prohibits the sale of pork not produced according to California's production standards. Proposition 12 applies to any uncooked pork sold in the state, regardless of whether it was raised in California.

 

Smithfield Foods announced last week that it was closing its only hog-processing plant in California because of the rising costs of doing business in the state.

 

Proposition 12 would make it a criminal offense and civil violation to sell whole pork meat in California unless the pig it comes from is born to a sow that was housed with 24 square feet of space and in conditions that allow a sow to turn around without touching an enclosure.

 

Voters in the state passed Proposition 12 in 2018 with nearly 63% of votes supporting it.

 

In their opening brief to the court, the ag groups said few if any sows are housed in such a manner anywhere in the country.

 

"Farmers almost universally keep sows in individual pens that do not comply with Proposition 12 during the vulnerable period between a sow's weaning a litter of piglets and confirmation of her next pregnancy," the ag groups said in the brief.

 

"There are very few sow farms in California. The state imports 99.87% of the pork it consumes. Proposition 12 therefore governs the housing conditions of sows located almost exclusively outside of California."

 

The groups said Proposition 12's reach is not limited to the 13% of all U.S. pork imported into California.

 

"A market pig progresses through multiple farms outside of California as it is raised, and then is processed into many different cuts of meat that are sold across the country," the brief said.

 

"If any part of a pig is sold in California, the sow it came from must be Proposition 12-compliant. And sow farmers cannot say with certainty that no meat from any of their pigs will be sold in California, after those pigs pass through nursery and finishing farms, a packer-slaughter plant, then distributors, before their meat reaches consumers."

 

WOULD HAVE IMPACT ON US INDUSTRY ...

 

COULD DEVASTATE SMALL FAMILY FARMS ...  

 

more

https://www.dtnpf.com/agriculture/web/ag/livestock/article/2022/06/14/ag-groups-tell-scotus-californias-12