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Prop 12 put off until after SCOTUS ruling


After the Supreme Court heard oral arguments over California’s Proposition 12 last Oct. 11, the ruling became expected by the end of June. The latest action by California is the extension of a state court injunction to prevent implementation of Prop 12 until July 1, 2023, likely after the Supreme Court rules.

The ruling in NPPC v. Ross will ultimately decide if Prop 12 can ever be enacted, The American Farm Bureau Federation and the National Pork Producers Council are challenging the constitutionality of California’s Prop 12.

The Superior Court of Sacramento had enjoined the state’s implementation of Prop 12 until 180 days after final rules were issued. Final implementation rues were issued on Sept. 1, 2022. That action suggested Feb. 28, 2023 would be the first day for compliance and enforcement.

Proposition 12 was a ballot initiative passed by voters in 2018, which seeks to impose its farm animal confinement rules on surrounding states by closing the California market to products not raised under Prop 12 standards.

If Prop 12 is enacted, it would ban the sale of veal from calves, pork from breeding pigs and eggs from laying hens when the animals are confined to areas below minimum square feet requirements. California would dictate minimum space requirements based on square feet for calves raised for veal, breeding pigs, and egg-laying hens.

California raises few breeding pigs, but accounts for 13 percent of the market for bacon, which suggests it would be imposing its confinement standards over many other states.

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