Pork regulations don’t adequately protect pigs, lawsuit says

Pork regulations don't adequately protect pigs, lawsuit says

Backers of a voter-passed initiative demanding better treatment of farm animals have sued the state over regulations they say won't adequately enforce the law. Proposition 12, passed in 2018, is also facing a separate challenge from out-of-state pork producers who say the law is unconstitutional.

"This lawsuit seeks to compel the California Department of Food and Agriculture to comply with the plain language of Proposition 12 by removing statements from its 'Proposed Regulations to Implement Proposition 12, Farm Animal Confinement' ... that plainly conflict with the purpose and intent of the law to end animal cruelty, protect public health, and prevent environmental pollution," wrote attorney Jessica L. Blome in filing Americans for Family Farmers v. California Department of Food and Agriculture, (Sac. Super. Ct., filed Nov. 30, 2021).

The shareholder with Greenfire Law PC in Berkeley argued the agency must comply with the "legislative intent and purpose" of the law as expressed in the 2018 voter guide. The complaint seeks to force the removal and replacement of regulations stating the law does not "directly impact human health and welfare of California residents, worker safety or the state's environment."

Proposition 12 sets minimum space and care standards for animals sold as food in California, even if they are raised elsewhere. It passed with nearly 63% of the vote.

Last month, the Iowa Pork Producers Association sued Attorney General Rob Bonta to block implementation of the law. They argued Proposition 12 is preempted by federal agriculture laws and violates the due process and immunity clauses of the U.S. Constitution by trying to regulate out-of-state producers. Iowa Pork Producers Association v. Bonta, 1:21-cv-01663-NONE-EPG (E.D. Cal., filed Nov. 16, 2021).

The group tried to sue in the Northern District of Iowa, but a judge dismissed the case on the grounds he lacked jurisdiction. The National Pork Producers Council and the American Farm Bureau Federation have asked the U.S. Supreme Court to block the law.

-- Malcolm Maclachlan