Pork producers’ case against state law dismissed

A federal judge has dismissed a case by the Iowa Pork Producers Association against Proposition 12, with leave to amend. The 2018 voter initiative placed new rules on the treatment of pigs and other farm animals raised for food.

In her order entered Wednesday, U.S. District Judge Christina A. Snyder found California voters may impose standards on products sold in the state, even if they were produced elsewhere. She also ruled the statute was clear and that the plaintiffs failed to show out-of-state producers are treated differently than ones in California. Iowa Pork Producers Association v. Bonta, 2:21-cv-09940-CAS-AFM (C.D. Cal., filed Nov. 16, 2021).

"The court finds the plaintiff has not alleged facts sufficient to state a claim prong of the dormant commerce clause," Snyder wrote.

She also rejected the group's claims of extraterritorial conduct and preemption under the supremacy clause of the U.S. Constitution, among other claims. The judge based much of her ruling on the 9th U.S. Circuit Court of Appeals decision last July in another case challenging Proposition 12, National Pork Producers Association v. Ross, 6 F. 4th 1021. That court rejected dormant commerce clause claims that the initiative unduly burdened out-of-state commerce. Snyder wrote that Proposition 12 made no distinction based on "where the pigs were raised."

Snyder also detailed a history of failed attempts to throw out Proposition 12. One case is pending in Sacramento, where the state is preparing to go back to court to overturn a 180-delay on enforcing the law against grocers and restaurants. California Hispanic Chambers Of Commerce vs. Ross, 34-2021-80003765-CU-WM-GDS (Sac. Super. Ct., filed Nov. 10, 2021).