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What Lies Ahead for Proposition 12 After Supreme Court Decision

What Lies Ahead for Proposition 12 After Supreme Court Decision


By Andi Anderson

California’s Proposition 12 remains intact after the U.S. Supreme Court denied the Iowa Pork Producers Association’s petition on June 30, 2025. This marks the third time the Court has declined to overturn the state law, which sets strict animal housing standards for pork, veal, and eggs sold in California.

What Proposition 12 Does

Passed in 2018, Proposition 12 requires:

  • Breeding pigs: 24 square feet of space each
  • Veal calves: 43 square feet each
  • Egg-laying hens: cage-free housing standards

Products not meeting these requirements cannot be sold in California, regardless of where they are produced.

Court Battles So Far

The Iowa Pork Producers Association argued that Proposition 12 violated the U.S. Constitution under the dormant Commerce Clause, Due Process Clause, and other provisions. The Ninth Circuit rejected these claims, and with the Supreme Court’s denial, producers must continue to comply with California’s law. Justice Kavanaugh noted he would have heard the case, but the Court’s decision left the Ninth Circuit ruling in place.

What’s Next?

Since the courts have upheld Proposition 12, the next battleground may be Congress. On July 23, 2025, the House Agriculture Committee held a hearing on the law’s impact. Witnesses discussed the financial burdens on farmers, effects on pork prices, and risks of a patchwork of state regulations.

Several bills have been introduced to limit states from imposing animal housing standards on out-of-state producers. These include the Save Our Bacon Act, the Food Security and Farm Protection Act, and the Protecting Interstate Commerce for Livestock Producers Act. All aim to restrict states like California from enforcing production rules beyond their borders.

Lawmakers may consider adding such provisions to a pared-down 2025 farm bill, since the 2018 farm bill expires this fall. However, support in Congress is divided. While some members push for uniform national standards, others argue these bills would harm small farmers and erode state rights.

Conclusion

For now, Proposition 12 remains the law of the land. Farmers and processors selling into California must comply with its requirements. Future changes are most likely to come from federal legislation, making the upcoming farm bill debates especially important to watch.

Photo Credit: gettyimages-grafvision


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