The National Pork Producers Council and the American Farm Bureau Federation are appealing a lower court's decision to overturn a 2018 ballot initiative that banned the sale of pork and veal eggs in California. Space requirements.
The pig farming business has justified the size of the cages used there as both compassionate and essential for the welfare of the animals. According to animal rights organisations, some pork manufacturers lock mother pigs in cages so small that they are unable to turn around for the majority of their lives.
The industry groups have argued that the measure, called Proposition 12, violates a provision of the U.S. Constitution known as the Commerce Clause, which gives Congress the power to regulate interstate commerce, by requiring out-of-state producers to comply or face a California sales ban. A legal doctrine called the "dormant" Commerce Clause bars states from passing laws discriminating against commerce in other states.
The pork producers said in a court document that proposition 12 goes against this principle since it would raise prices for pig farmers, almost all of whom are based outside of California. Even though it has the largest population in the country and is a significant market, California only produces 0.1% of the country's pork.
According to Michael Formica, senior legal strategist for the pork producers, "If you're looking for an example of an unconstitutional law, this is it."
Contrary to what the law's supporters claim, California has the authority to set criteria for goods sold to its citizens, regardless of where they were made.
According to Josh Balk, vice president of farm animal protection at the Humane Society of the United States, which spearheaded the effort to pass Proposition 12 and is a party to the lawsuit, "there is a long history of state laws that have to do with protecting public health, food safety, and animal welfare." "Producers have an option if they want to sell goods that fulfil that criteria within the state's borders."
The 9th U.S. Circuit Court of Appeals in San Francisco upheld a district court's decision to dismiss the case for lack of a Commerce Clause violation.
President Joe Biden's administration has sided with the pork producers, saying in a Supreme Court brief that states cannot ban products "that pose no threat to public health or safety based on philosophical objections."
