Pork Continued from Page 3 spacing for veal calves and egg layers went into effect in 2020. CDFA spokesman Steve Lyle said the department and the Attorney General’s Office are evaluating the ruling to deter- mine next steps. “CDFA cont inues i ts work to de- velop implementing regulations for Proposition 12, moving as quickly as possible while ensuring full consider- ation is given to extensive comments submitted by stakeholders during a recent publ ic comment period,” he said. “In the meantime, CDFA con- tinues with outreach and education e f for t s to suppor t compl i ance by pork producers.” California Farm Bureau President Jamie Johansson said the organization agrees with the court ruling and that it will continue to engage in the regulato- ry process to ensure producers’ voices are heard. “Allowing restaurants, retailers and ultimately, consumers time to adapt to the proposed regulations just makes sense,” he said. “This process has been delayed by many factors, including COVID, and the regulatory process should not be rushed.” The law is controversial because not only does it set production standards for pigs raised in California, it also pro- hibits the sale of uncooked pork from other states that do not comply with Proposition 12 housing requirements. Some 87% of pork sold in California comes f rom pigs born and ra i sed outside the state, according to the hearing record. The U.S. pork industry is highly in- tegrated, people in the business say. Breeding pigs and their offspring are frequently raised on more than one farm, changing hands from farmers to processors to distributors before the meat is ready for sale. Because there is currently no system in place that traces pork sold in California to a particular pig raised outside the state, groups in the California suit say it would be dif- ficult, if not impossible, to comply with Proposition 12. The state argues that pork sellers and suppliers have had time to create their own interstate tracking system since the lawwas passed in late 2018. American Farm Bureau Federation President Zippy Duvall said the orga- nization is pleased with the California court decision, which he said recog- nized the state “rushed implementation of Proposition 12 without clear rules on how it will be enforced.” “Besides putt ing unfair pressure on retai lers, i t takes away farmers’ flexibility to ensure hogs are raised in a safe environment,” Duvall said. “Small farms across the country will be forced to make expensive and un- necessary changes to their operations, which wi l l lead to more consol ida- tion and higher food prices for all of America’s families.”
AFBF and theNational Pork Producers Council last year petitioned the U.S. Supreme Court toweigh in on the consti- tutionality of Proposition 12, which they contend violates the Commerce Clause by regulating how other states comply with the law. “The laws of one state shouldnot set the rules for an entire nation,” Duvall said. Some grocery chains and pork sup- pliers have said they were prepared to comply with Proposition 12. Even so,
groups in the California suit, including Los Angeles County-based meat pro- cessor Kruse and Sons Inc., contend they should not be exposed to the threat of criminal and civil sanctions when the state still lacks final regulations. CDFA has said it does not expect to adopt final regulations until April or July. The state was supposed to finalize regulations in September 2019 on pro- duction facility registration, certifica- tion, verification audits, border-station
inspection and penalties for violations, including an appeal process. However, the department did not publish its re- vised proposed regulations until Dec. 3 last year. Theproposedregulationswouldrequire pork distributors to register with CDFA to engage in commercial sales in California. The rules would also enable the agency to accredit third-party certifiers. (ChingLeeisanassistanteditorofAgAlert. Shemaybe contactedat clee@cfbf.com.)
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February 2, 2022 Ag Alert 17
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