Republican Governors Ask Congress to Overturn California’s Pork Producing Law

Republican Governors Ask Congress to Overturn California’s Pork Producing Law
This undated photo provided by Dwight Mogler shows some breeding eligible gilts (young female pigs) on his farm in Alvord, Iowa. Janae Metzger/Pig Hill Farms via AP
Elizabeth Dowell
Updated:
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Eleven Republican governors have joined together to ask Congress to overturn a California law that the governors say will disrupt the pork industry and hurt the nation’s food supply.

On June 13, the governors signed a letter (pdf) to House Speaker Kevin McCarthy, House Minority Leader Hakeem Jeffries, Senate Majority Leader Chuck Schumer, and Senate Minority Leader Mitch McConnell, urging Congress to protect the agricultural industry and reintroduce the Exposing Agricultural Trade Suppression Act, which would ban individual states from imposing regulations on agricultural production in other states.

The governors said Congress has the authority under the commerce clause of the Constitution, which allows Congress to regulate business among the states.

“Despite California’s reliance on its fellow States for food, Proposition 12 threatens to disrupt the system Californians depend on for their pork supply. Its strict, activist-drafted requirements for pig farming sharply depart from the lawful practices in our States,” the letter read.

The governors of Iowa, Nebraska, Arkansas, Indiana, Mississippi, Missouri, Montana, Nevada, Oklahoma, Texas, and Virginia signed the letter.

Hogs are seen inside pens at a barn in Mike Paustian's farm in Walcott, Iowa, on May 17, 2019. (Tom Polansek/Reuters)
Hogs are seen inside pens at a barn in Mike Paustian's farm in Walcott, Iowa, on May 17, 2019. Tom Polansek/Reuters

Over half of the country’s pork production comes from rural states like Iowa and Texas.

In May, the U.S. Supreme Court voted 5–4 to uphold California’s Proposition 12, a law requiring that all pork producers who wish to sell pork in California must provide their breeding pigs with at least 24 feet of floor space.

“Companies that choose to sell products in various states must normally comply with the laws of those various states,” wrote Justice Neil Gorsuch in the majority opinion (pdf).

The Prop 12 ballot initiative was approved by California voters in 2018 and barred the sale of eggs, raw pork, or veal sourced from animals housed in ways that do not meet California’s minimum standards.

“Today’s decision by the Supreme Court is a victory for California,” California Attorney General Rob Bonta said in a statement at the time of the ruling. “It means that California can continue to have humane and commonsense standards in place instead of the extreme confinement pushed by some pork producers. The ruling by the Supreme Court affirms states’ important role in regulating goods sold within their borders.”

Animal rights groups saw the Supreme Court’s decision as a “victory” against animal cruelty.

“We’re delighted that the Supreme Court has upheld California Proposition 12—the nation’s strongest farm animal welfare law—and made clear that preventing animal cruelty and protecting public health are core functions of our state governments,” said Kitty Block, president and CEO of the Humane Society of the United States, in a statement. “We won’t stop fighting until the pork industry ends its cruel, reckless practice of confining mother pigs in cages so small they can’t even turn around.”

Farmers say the decision by the Supreme Court will cause a financial burden on pork production operations in order to comply with California’s law, resulting in less efficient and environmentally sustainable production.

“We are very disappointed with the Supreme Court’s opinion. Allowing state overreach will increase consumer prices and drive small farms out of business, leading to more consolidation,” Scott Hays, a Missouri pork producer and president of the National Pork Producers Council, told ABC News.

If Iowa pork producers don’t update their barns to meet requirements, sales of pork products will be disrupted and the pork industry will lose money, opponents have argued.

“California’s onerous requirements will pass the buck to American consumers—worsening the inflationary crisis gripping our economy,“ Iowa Gov. Kim Reynolds said in a statement. ”Iowa’s pork producers use science-based techniques to help feed America and the world, and California’s activist-drafted requirements will have a dramatic negative impact on those facing food insecurity. It’s time for Congress to use their power and allow pork producers nationwide to do what they do best.”

Nebraska Gov. Jim Pillen expressed his concerns over the Supreme Court’s ruling.

“I am proud to partner with Governor Reynolds in leading this initiative alongside this group of governors,” Pillen said in a statement. “Congress needs to protect our nation’s agricultural interests from states that are working to put onerous and unfounded regulations on livestock producers that will ultimately increase food costs and hurt farming operations.”

Elizabeth Dowell
Elizabeth Dowell
Author
Elizabeth is a SoCal based reporter covering issues in Los Angeles and throughout the state for The Epoch Times. She is passionate about creating truthful and accurate stories for readers to connect with. When she’s not reporting, she enjoys writing poetry, playing basketball, embarking on new adventures and spending quality time with her family and friends.
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