The Ninth Circuit Court of Appeals rejected an appeal by the Iowa Pork Producers Association regarding California Proposition #12. Effectively, this law by ballot disqualified production or sale of pork in the state from herds derived from sows held in gestation crates. Previously, a district court ruled against the Association requiring a review by the higher court.
The Ninth Circuit ruled that Proposition #12 does not discriminate against pork producers located in states other than California and that a requirement that all pork sold in the state should conform to Proposition #12 standards was upheld. The Court also dismissed the Association’s claims that Proposition #12 conflicted with the Privileges and Immunities Clause, the dormant Commerce Clause in addition to the federal Packers and Stockyards Act.
The Supreme Court of the United States has ruled that Proposition #12 is constitutional and it would appear that legal remedies have now been exhausted since SCOTUS is unlikely to hear an appeal on the Ninth Circuit ruling.
It is accepted that there is adequate pork available from sows held under group housing. Irrespective of the established legality of Proposition #12, the reality is that public sentiment is against confinement of sows in gestation crates. Major grocery chains and food service suppliers have confirmed that they will source pork only from Proposition #12 compliant housing systems.
As far as the National Pork Producers Council are concerned, the train left the station prior to 2021 and that group housing will probably be required for most domestic consumption narrowing the market for pork derived from sows held in gestation crates to export or to be sold at a discount. In anticipation of the transition, most of the major packers have embarked on or have completed transition to group housing of sows.
In contrast to pork producers who effectively scuttled the ‘Egg Bill” that would have mandated a uniform Federal standard for laying hens, the egg industry embarked on a program of transition to alternatives to cage housing, having achieving a 40 percent conversion to date.