Note regarding the Supreme Court and Proposition 12

In 2018, California voters overwhelmingly supported a ballot proposition to introduce new prohibitions on the production and sale of food products from hens, pigs, and calves raised in inhumane conditions. Proposition 12, which passed by a landslide with 63% of the vote, established new minimum requirements for farmers and businesses, effectively ending the use of battery cages, veal crates, and gestation crates for products sold within the state.

The requirements for egg production and sale have already taken effect, and all egg products sold in California are required to come from hens raised in a cage-free environment. The requirements for veal products have also taken effect, as have the requirements for pork producers. However, the restrictions on pork products for retail sellers were temporarily delayed to allow more time to ensure compliance with developing guidelines.

In the meantime, the pork industry has sought to overturn the law through legal challenges that have proven unsuccessful. In 2019, the North American Meat Institute attempted to stop Proposition 12 by filing a challenge that was dismissed by a district court. The United States Court of Appeals for the Ninth Circuit soon after affirmed that decision. The U.S. Supreme Court later declined to hear the case, affirming the decision of the Ninth Circuit.

The National Pork Producers Council and American Farm Bureau Federation filed suit in 2019 and their legal challenge is now being considered by the Supreme Court. In their argument, they alleged that Proposition 12 violates the dormant commerce clause of the U.S. Constitution. Again,  the district court dismissed the case, and the Ninth Circuit upheld that dismissal.

Despite this case, Proposition 12, along with nearly all of the fourteen other state laws banning the cruel confinement of farm animals, are unaffected. The only state law which has been impacted by the challenge to Proposition 12 is in Massachusetts, where enforcement of Question 3 has been temporarily delayed pending the Supreme Court's decision on the Proposition 12 case. The requirements for egg-laying hens and veal are currently in effect.

The states of Illinois, Michigan, Colorado, Connecticut, Maine, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington have all submitted an amicus brief to the U.S. Supreme Court arguing that the California law is constitutional and should be upheld, and survey results from Data for Progress show that four out of five voters "strongly support" measures like Proposition 12 to eliminate extreme confinement in farming.

The fourteen states and counting which have banned the sale and production of animal products raised in these conditions have been largely unaffected, and more laws are likely to follow in the coming months and years.

Because of this, it is important that businesses still comply with all relevant state laws regulating the production and sale of animal products.

California’s Proposition 12, supported by the vast majority of voters in the state, has strong constitutional grounding. Many legal scholars and experts expect the law to survive the challenge before the U.S. Supreme Court. Because Proposition 12 is actively in effect, violation of these standards may result in a $1,000 fine, imprisonment in the county jail for up to 180 days, or both. To ensure that your company is in compliance with the current restrictions on eggs, and the restrictions on pork going into effect in 2023, contact your supplier with the downloadable language below.