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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.

Read Court Order:  Superior Court Order of Modifying California Proposition 12 Implementation

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.

Read:  NPPC Statement on California Proposition 12 Implementation Modification

Background

California voters in 2018 approved Proposition 12, a ballot measure that prohibits the sale of pork, eggs, and veal not produced according to the state’s arbitrary production standards. These standards were developed without input from hog farmers, veterinarians, animal care, food safety, and pork production experts. California was nearly three years behind developing its regulations to implement Prop 12, resulting in the Sacramento Superior Court issuing an injunction on its enforcement for at least 180 days after final regulations are issued.

California has nearly 40 million residents, representing approximately 15 percent of the U.S. pork market.  Proposition 12 will dramatically reduce the pork supply for Californians and raise prices that will disproportionately affect low-income households.

Despite being such a large consumer market for pork, California has essentially no pork production and is dependent on farms located far outside its borders to feed its residents. Proposition 12 was designed to force hog farmers in other states and countries who want to sell pork into the populous California market to retrofit existing barns or design new housing systems.

According to a University of Minnesota study, the conversion of sow barns to group pens would cost between $1.9 billion and more than $3.2 billion. With California’s mandate to also eliminate the use of breeding stalls will also contribute to significant increases of industry costs.

Proposition 12, as written:

1. Bans the sale of pork from the offspring of sows kept in pens that do not meet its prescribed dimensions of 24 square feet per sow.
2. Prohibits breeding pens that provide a safe postpartum space for sows to recover from their previous litter without the stress of fighting and establishing dominance in the herd. Today’s typical sow farm offers a comfortable 16-18 square feet per sow.
3. Applies to any uncooked pork sold in California, whether raised there or outside the state’s borders. It specifically applies to bacon and other cuts of meat that have been cured, preserved, or flavored but not cooked. It does not apply to combination products such as sandwiches, hot dogs, pizzas, or other prepared foods that are comprised of more than pork meat and seasonings. California has also said it will not apply to ground or comminuted pork such as that found in sausage.

As it relates to the use of individual pens, NPPC supports the position taken by the American Veterinary Medical Association and the American Association of Swine Veterinarians, which recognize both individual pens and group housing systems as appropriate for providing for the well-being of sows during pregnancy. In fact, the key factor that most affects animal well-being is husbandry skills – that is, the care given to each animal.

There is no scientific consensus on the best way to house gestating sows because each type of housing system has inherent advantages and disadvantages.