50 Years  -Serving the Ag Community  -  from 1968 
To access your Grain and Invoice data - stop by office to get ID# and password

Saturday, April 17, 2021  
 
 
- DTN Headline News
Livestock Producers in a Fight
By Victoria G. Myers
Tuesday, April 13, 2021 5:41PM CDT

California's Proposition 12 is under fire from at least 20 states, as the Supreme Court of the United States (SCOTUS) has been asked to review whether the California law is constitutional.

Proposition 12 would require that meat products from veal calves and breeding pigs raised outside of the state that are not raised in a way that meets California animal-welfare standards could not cross state lines and be sold there. This could force businesses and farmers who wish to be allowed into that market to be forced to restructure facilities and reengineer management protocol to meet one state's demands.

In past cases, some as recent as 2019, SCOTUS has held such requirements as outside of the requirements of the Dormant Commerce Clause and thus unconstitutional.

In that 2019 case, Tenn. Wine & Spirits Retailers Ass'n v Thomas, SCOTUS held the Commerce Clause restricts state protectionism, is deeply rooted in case law, and removing state trade barriers was a principal reason the Constitution was adopted. As a result, state statutes that are clearly discriminatory against interstate commerce (goods coming from outside of that state) are typically struck down unless the state can show there is a valid reason, aside from protectionism, for the law.

North American Meat Institute President and CEO Julie Anna Potts, in challenging the constitutionality of Proposition 12, noted, "If California is allowed to apply its laws to conduct in other states, a single state will dictate policies in all others, encouraging a patchwork of regulations and threatening the free flow of interstate commerce."

Twenty states filed an "amicus curiae" brief, which means "friend of the court." This brief is a way of furnishing the court with information or advice on a particular issue. In this case, that issue would be the impact of Proposition 12 on states outside of California, and businesses therein.

Those states that signed onto the brief included: Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming.

In part, the brief read: "It (Prop 12) freely permits California to impose regulations directly on out-of-state commercial conduct and thereby fosters inconsistent state regulatory obligations and enables tit-for-tat state regulatory conflict. The ultimate result may be transformation of America's current integrated national market into a patchwork of regulatory regions."

In February 2021, the Meat Institute asked SCOTUS to review the ruling by the U.S. Court of Appeals for the Ninth Circuit that held California's law extending Proposition 12 to states outside its borders to be constitutional.

This is not the first time California has enacted a law and

expected the rest of the country to follow it. In 2010, the state's legislature extended Proposition 2, which established confinement requirements for egg-laying hens, to out-of-state producers. The state did this by banning the sale of eggs from hens not confined in compliance with their law.

California did this under a purpose of protecting its consumers from foodborne pathogens. In this case, states also challenged the ban under the Commerce Clause. That challenge was dismissed, with SCOTUS denying review.

For more details on the Ninth Circuit Court's ruling on Proposition 12, see "Commerce Clause on Center State" by DTN Staff Reporter Todd Neeley here: https://www.dtnpf.com/…

Victoria Myers can be reached at vicki.myers@dtn.com

Follow her on Twitter @myersPF


blog iconDTN Blogs & Forums
DTN Market Matters Blog
Editorial Staff
Friday, April 16, 2021 11:20AM CDT
Monday, April 12, 2021 10:42AM CDT
Friday, April 9, 2021 11:54AM CDT
Technically Speaking
Editorial Staff
Monday, April 12, 2021 10:17AM CDT
Monday, April 5, 2021 9:09AM CDT
Monday, March 29, 2021 9:58AM CDT
Fundamentally Speaking
Joel Karlin
DTN Contributing Analyst
Wednesday, April 14, 2021 10:16AM CDT
Tuesday, April 13, 2021 9:47AM CDT
Thursday, April 8, 2021 11:04AM CDT
DTN Ag Policy Blog
Chris Clayton
DTN Ag Policy Editor
Friday, April 16, 2021 3:59PM CDT
Thursday, April 15, 2021 8:41AM CDT
Tuesday, April 13, 2021 2:49PM CDT
Minding Ag's Business
Katie Behlinger
Farm Business Editor
Monday, April 12, 2021 2:41PM CDT
Friday, March 12, 2021 11:17AM CDT
Tuesday, March 2, 2021 1:00PM CDT
DTN Ag Weather Forum
Bryce Anderson
DTN Ag Meteorologist and DTN Analyst
Tuesday, April 13, 2021 12:19PM CDT
Tuesday, April 6, 2021 1:18PM CDT
Tuesday, March 30, 2021 11:39AM CDT
DTN Production Blog
Pam Smith
Crops Technology Editor
Monday, April 12, 2021 1:32PM CDT
Friday, April 9, 2021 4:48PM CDT
Wednesday, March 31, 2021 3:51PM CDT
Harrington's Sort & Cull
John Harrington
DTN Livestock Analyst
Monday, April 12, 2021 4:04PM CDT
Monday, April 12, 2021 4:04PM CDT
Monday, March 29, 2021 3:13PM CDT
South America Calling
Editorial Staff
Thursday, April 15, 2021 11:47AM CDT
Thursday, April 8, 2021 1:27PM CDT
Thursday, April 1, 2021 2:44PM CDT
An Urban’s Rural View
Urban Lehner
Editor Emeritus
Monday, April 5, 2021 1:31PM CDT
Thursday, April 1, 2021 8:16AM CDT
Thursday, March 18, 2021 6:33PM CDT
Canadian Markets
Cliff Jamieson
Canadian Grains Analyst
Friday, April 16, 2021 4:04PM CDT
Friday, April 16, 2021 4:04PM CDT
Thursday, April 15, 2021 3:41PM CDT
Editor’s Notebook
Greg D. Horstmeier
DTN Editor-in-Chief
Monday, March 22, 2021 4:56PM CDT
Thursday, December 31, 2020 8:57AM CDT
Wednesday, December 2, 2020 12:37PM CDT
 
Copyright DTN. All rights reserved. Disclaimer.
Powered By DTN