Senators Introduce Bill to Stop Prop 12

LINCOLN, Neb. (DTN) -- Republican lawmakers in the U.S. Senate introduced legislation on April 8 that would strike down California's animal-welfare law created due to Proposition 12, drawing support from the nation's largest pork interest group.

The "Food Security and Farm Protection Act" introduced by Sens. Charles Grassley, R-Iowa, Joni Ernst, R-Iowa, and Roger Marshall, R-Kansas, would prevent any state or local government from passing laws that interfere with commerce and agricultural practices outside their jurisdictions.

Proposition 12 makes it a criminal offense and civil violation to sell whole pork meat in California unless the pig it comes from is born to a sow that was housed within 24 square feet of space and in conditions that allow a sow to turn around without touching an enclosure. Proposition 12 applies to any uncooked pork sold in the state, regardless of whether it was raised in California.

In January 2025, 23 states joined the Iowa Pork Producers Association in an appeal to the Supreme Court challenging Proposition 12. Read about that here: https://www.dtnpf.com/….

The pork industry continues to fight the law, which it says is discriminatory because it regulates pig farming practices across the country.

One of the key features of the four-page bill introduced this week is it would allow ag producers to bring legal actions against states like California to "invalidate" such regulations and to "seek damages for economic loss."

The legislation would require courts to issue preliminary injunctions to prevent enforcement of laws such as the one created by Proposition 12, until courts enter final judgements. The bill also would set a 10-year statute of limitations for farmers to make such claims.

National Pork Producers Council President Duane Stateler, a pork producer from McComb, Ohio, said the legislation was timely for hog producers who have been struggling in a down farm economy.

"U.S. pork producers have just suffered the worst 18 months of financial losses in history and many farm families are contemplating whether they can pass along their farm to the next generation," Stateler said.

"We urge the Senate to take up this legislation immediately to provide us much-needed relief."

The NPPC said in a news release without the passage of the legislation there would be "widespread, damaging consequences" for farmers and consumers.

In addition, the group said there would be "significant fees forced on producers to pay for outside regulators to audit their farms due to the whims of consumers outside their state's borders."

NPPC said Proposition 12 continues to put farm families at risk of going out of business by "significantly increasing" the cost of raising pigs. California's law will also continue to increase prices at the grocery store -- as much as 41% for certain pork products.

"California's Proposition 12, along with Massachusetts' Question 3, are based on arbitrary, nonsensical standards and have resulted in a harmful patchwork of regulations across the 50 states, and risk pushing smaller hog producers out of business," Grassley said in a statement.

"They're a threat to Iowa, which leads the nation in pork production and to farmers and consumers across this country. Consistent with its authorities under the Commerce Clause, it's time for Congress to solve this problem by passing legislation. Our bill will end California's war on breakfast and make sure delicious Iowa pork can be sold everywhere."

Ernst said in a statement the California law is a "dangerous and arbitrary overregulation" that stands opposed to the "livelihoods of Iowa pork producers" and ultimately "increases costs" for farmers and consumers while jeopardizing the "nation's food security."

Marshall said U.S. farmers already face trade barriers across the world.

"Midwest farmers and ranchers who produce our nation's food supply should not be hamstrung by coastal activist agendas that dictate production standards from hundreds of miles away," he said in a statement.

Read more on DTN:

"SCOTUS Lets Proposition 12 Stand," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

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