Texas became the 20th State to file an  amicus brief with the U.S. Supreme Court supporting the petition filed by the North American Meat Institute, opposing California Proposition #12.  The contentions of the petitioners’ relate to a restriction on interstate commerce.  This issue was litigated after passage of the 2008 Proposition #2 and was upheld by the 9th Circuit. 

California Proposition #12 was enacted in November 2018 by ballot and imposes minimum space requirements for hogs, veal calves, and chickens.  Proposition #12 prohibits sale in California of pork, veal, or eggs derived from herds and flocks that are not housed under conditions conforming to California requirements.

The North American Meat Institute CEO Julie Anna Potts noted “If California is allowed to apply its laws to conduct in other states, a single state will dictate policies in all others, encouraging a patchwork of regulations.”

This was precisely the motivation for the “Egg Bill” that failed to gain traction in Congress. If SCOTUS rules Proposition #12 unconstitutional despite the flimsy justification of ‘Health.” conversion to cage- free will be limited to states with specific legislation. These in-state producers will be at a competitive disadvantage if there are no restrictions on transport of non-conforming eggs from states allowing cage housing.