NPPC Statement on California Proposition 12 Implementation Modification

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On June 16, 2023 (but not released until June 21, 2023) the Superior Court for the County of Sacramento issued an order further modifying certain aspects of the implementation schedule for California Proposition 12. The order effectively provides an extension of time for the continued sale of non-compliant whole pork meat already in the supply chain when Proposition 12 takes effect. The order does not delay the underlying requirements of Proposition 12. 

Under the terms of the order, non compliant whole pork meat can continue to be sold in California provided that:

a. as of July 1, 2023, is in the possession of an “end user” (Cal. Code Regs., tit. 3, § 1322, subd. (o)) or a “pork distributor” (id., subd. (t)) or on the premises of an establishment at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and that holds an establishment number (prefix “M”) granted by the Food Safety Inspection Service of the United States Department of Agriculture (“federally-inspected entity”);

b. is self-certified by the end user, pork distributor, or other federally-inspected entity to have been in their possession or was in the possession of another end user, pork distributor, or other federally-inspected entity as of July 1, 2023; and

c. is ultimately sold, transferred, exported, or donated on or before December 31, 2023.

This change is not a delay of all of Proposition 12. It is only an adjustment related to the sale of non-compliant whole pork meat already in the supply chain. Anything harvested after July 1, to be sold in California will still have to be Proposition 12 compliant.

Statement from NPPC CEO Bryan Humphreys:

“It is welcome news to America’s pig farmers and consumers that California recognized the challenging situation the July 1 Proposition 12 implementation date will have on our industry and food supply. Granting six months of additional relief for products in the supply chain allows grocery stores to remain stocked so the 40 million Californians have uninterrupted access to affordable, safe and nutritious pork products, especially with rising food prices.

“We appreciate Governor Newsom, Attorney General Bonta, and the California Department of Food and Agriculture for their efforts over the past month to find a solution to achieve a smoother transition for the entire pork value chain, including our foreign trading partners.

“While this temporary solution does not solve the challenges and uncertainty California Proposition 12 brings to our industry, NPPC looks forward to working with Congress to find a permanent solution to this problem.”

Link to: Superior Court Order of Modifying California Proposition 12 Implementation