Judge gives retailers 6 more months to comply in Proposition 12

A Sacramento judge granted retailers a six-month reprieve from enforcing Proposition 12, a voter initiative that sets minimum space requirements for animals raised for food.

Superior Court Judge James P. Arguelles ruled retailers, including grocers and restaurants, can't be held liable when the state has yet to set final regulations they must comply with and while there is no tracking system in place. California Hispanic Chambers Of Commerce v. Ross, 34-2021-80003765-CU-WM-GDS (Sac. Super. Ct., filed Nov. 10, 2021).

63% of voters approved of Proposition 12 in 2018. It contains provisions on veal calves and egg-laying hens, but those suing to block the law have focused mainly on the portions relating to pigs. California is the nation's largest consumer of pork, but the state produces very little of the meat.

In a tentative ruling issued Friday but finalized Monday, Arguelles found "owners and operators" represented by the California Grocers Association and other parties to the case representing retailers could not comply with the new portions of the Health and Safety Code added by the law until "180 days after final regulations are enacted." California Department of Food and Agriculture Secretary Karen Ross is the named defendant in the case.

"The court will retain jurisdiction to modify the relief granted in light of changing circumstances," Arguellas wrote. But he made it clear he believes California has the right to impose these regulations, even on out of state producers whose goods are brought into the state. The retailers are exempted for now because they cannot be expected to comply with regulations that are "not explicit."

The case is one of several challenging Proposition 12. Another pending complaint claims the state's regulations are not strong enough to enforce the intent of the initiative. Americans For Family Farmers v. California Department Of Food And Agriculture, 34-2021-80003774-CU-WM-GDS (Sac. Super. Ct., filed Dec. 1, 2021).

Last month, U.S. District Judge Dale A. Drozd denied a bid by out-of-state pork producers to enjoin the law. Iowa Pork Producers Association v. Bonta, 1:21-cv-01663-NONE-EPG (E.D. Cal., filed Nov. 16, 2021). He transferred the case to the Central District, which is hearing another challenge, North American Meat Institute v. Becerra, 2:19-cv-08569-CAS-FFM (C.D. Cal., filed Oct. 4, 2019).