Thu, 08 Sep 2022 05:18:43 CDT
The war of words over California’s Prop 12 continues as the National Pork Producers and the American Farm Bureau are getting closer to their day in court over the legality of California’s efforts to regulate the pork industry across the United States. Wednesday evening- the National Pork Producers released this statement from Terry Wolters, NPPC president and owner of Stoney Creek Farms in Pipestone, Minnesota
“Today’s filing of our reply brief to petitioners brings the National Pork Producers Council and the American Farm Bureau Federation one step closer to the Supreme Court hearing our case on how California Proposition 12 violates the U. S. Constitution.
In the Argument of the Brief that was filed on Wednesday September 7th- NPPC and AFBF blast California for it’s ignorance of the US Pork Industry. “Respondents and amici label “implausible” any allegation they disagree with. They fail to acknowledge that California imports 99.9% of pork consumed there.
“They ignore that every part of a pig bears Proposition 12’s costs, wherever that part is sold. And they devote scores of pages to arguing that Proposition 12 will not affect interstate commerce, and will promote sow welfare and human health, contrary to petitioners’ specific allegations.
“Had the case below turned on contesting petitioners’ allegations, the district court would have treated respondents’ motions as motions for summary judgment, and would have denied summary judgment because it is impossible to conclude that there is “no genuine dispute as to any material fact.”. Respondents’ factual assertions are wrong, showing a lack of knowledge of pigs, the industry, its markets, and federal oversight—and petitioners would so prove at trial. But respondents’ assertions are irrelevant here, given the posture of the case.”
Wolters goes on to add in the Wednesday night statement “Ironically, California’s Department of Food and Agriculture also announced today it finally completed the Proposition 12 implementation rules, more than three years after the original statutory deadline. This delay unnecessarily exacerbated pork supply chain disruptions and now creates significant concerns for farmers that these arbitrary regulations put the nation’s pig herd at risk of disease. Any farmers raising pigs that provide pork products to the California market must register and will be required to have California agents inspect their farms, which will create serious biosecurity threats across the country.
“We look forward to presenting our case before the Supreme Court on October 11 to defend the livelihoods of America’s pork producers.”
As mentioned in the statement from NPPC- the California Department of Ag has now released their final regulations on enforcement of Prop 12- details on that are available here.
