states

States Support Meat Institute Challenge of California Proposition 12

Dan Beef, Livestock

states
states

Twenty states filed an amicus curiae brief with the U.S. Supreme Court supporting the petition filed by the North American Meat Institute (Meat Institute) challenging the constitutionality of California’s Proposition 12 (Prop 12).

The brief, filed by Indiana, was joined by Alabama, Alaska, Arkansas, Georgia, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wyoming.

“The governments of nearly half the states agree,” said Meat Institute President and CEO, Julie Anna Potts, “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 and threatening the free flow of interstate commerce.”

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“It (Prop 12) freely permits California to impose regulations directly on out-of-state commercial conduct and thereby fosters inconsistent state regulatory obligations and enables tit-for-tat state regulatory conflict,” the States said, “The ultimate result may be a transformation of America’s current integrated national market into a patchwork of regulatory regions.”

The Meat Institute filed a petition in February for a writ of certiorari asking the Supreme Court to review an earlier ruling of the U.S. Court of Appeals for the Ninth Circuit in the Meat Institute’s challenge to the constitutionality of California’s Proposition 12, The Farm Animal Confinement Initiative. The Meat Institute opposes the law because they note it is unconstitutional and will hurt the nation’s food value chain by significantly increasing costs for producers and consumers.

The question in the case is whether the U.S. Constitution permits California to extend its police power beyond its territorial borders by banning the sale of wholesome pork and veal products sold into California unless out-of-state farmers restructure their facilities to meet animal-confinement standards dictated by California.

The brief notes, “Allowing Prop 12 to stand insulates in-state farmers from the out-of-state competition while imposing crushing burdens on out-of-state farmers and producers who have no political voice to shape the regulations that California has unilaterally determined to foist upon their operations outside of California.”