Following an appeal to the Supreme Court of the United States (SCOTUS), the National Pork Producers Council and the American Farm Bureau Federation were granted certiorari. The case arises from a ruling by the U.S. Court of Appeals for the Ninth Circuit in favor of the State of California and against the National Pork Producers Council and the American Farm Bureau Federation regarding the constitutionality of Proposition #12. This measure was adopted in November 2018 and imposes minimum space requirements in common for livestock and poultry for both within state producers and suppliers to California. At issue is the right of the State of California to prevent introduction of pork products produced using sow gestation crates in other states.
Even if Proposition #12 is set aside, it will have minimal effect on the egg industry that has converted conventional cages to aviary and barn systems to supply California and the states that have adopted legislation banning cages.
It is noted that regulations framed in consistency with Proposition #12 have yet to be formally released by the California Department of Food and Agriculture. In accordance with a court ruling, pork derived indirectly from producers using gestation crates for sows can be introduced into California in the interim.
Notwithstanding the outcome of the case, pork producers are facing consumer and customer demands to convert to group housing of sows. Counter-arguments to retention of gestation crates have a hollow ring in the face of a quarter of the industry having adopted the change. We remember the justifications advanced by advocates of starvation molting of hens and retention of cage confinement.