State to challenge 6-month delay in enforcing new farm animal rules

The state will challenge a 180-day delay in enforcing new farm animal rules on grocers and restaurants.

Last month, Sacramento County Superior Court Judge James P. Arguelles ruled the plaintiffs should have another six months to comply with Proposition 12 while regulations are finalized. The plaintiffs had sought a 28-month delay. Deputy Attorney General Natasha Saggar Sheth filed the notice of appeal on Tuesday.

Karen A. Getman, representing the plaintiffs as a partner with Olsen Remcho LLP in Oakland, said her side will defend Arguelles’ ruling. Hispanic Chambers of Commerce vs. Ross, 34-2021-80003765-CU-WM-GDS (Sac. Super. Ct., filed Nov. 10, 2021).

Voters passed Proposition 12 by a nearly 2-1 margin in 2018. It sets spacing and other standards for the raising of farm animals, including for veal calves and egg-laying hens. The Hispanic Chambers case is one of several legal challenges to the law. Some of these complaints have argued the law illegally attempts to regulate producers in other states. California imports about 98% of the pork consumed in the state, according to figures provided by the Hispanic Chambers.

In December, U.S. District Judge Dale A. Drozd denied a request 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).

Drozd then transferred the case to the U.S. Central District of California, where U.S. District Judge Christina A. Snyder is hearing another case. North American Meat Institute v. Becerra, 2:19-cv-08569-CAS-FFM (C.D. Cal., filed Oct. 4, 2019).

Another set of plaintiffs has a pending case against the state which claims the regulations for Proposition 12 are not strong enough to satisfy voter intent. Americans For Family Farmers v. California Department Of Food And Agriculture, 34-2021-80003774-CU-WM-GDS (Sac. Super. Ct., filed Dec. 1, 2021).