9th Circuit upholds Proposition 12 animal housing law

California’s 9th Circuit Court of Appeals has upheld that state’s animal housing law known as Proposition 12.   Judge Christina Snyder ruled against a request for an injunction from the North American Meat Institute, which sought to stop Proposition 12 and its ban on the sale of veal and pork for animals not raised according to California’s animal housing standards, effectively forcing all producers sending meat to California to adhere to the California standard.

NAMI claims Proposition 12 violates the federal Commerce Clause by creating trade barriers shielding California producers from out-of-state competition and burdens interstate commerce.

The appeals court says the district court did not abuse its discretion when upholding Proposition 12 because it treats in-state and out-of-state producers equally, is not regulating extraterritorial conduct and is not a price control or affirmation law.

Rachel Gantz with the National Pork Producers Council tells Brownfield there are two separate lawsuits challenging Proposition 12, and while the 9th Circuit appeals judge declined to hear the North American Meat Institute’s case, the other case filed by NPPC and American Farm Bureau is still ongoing.

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