November 5, 2024 | 09:52 GMT +7

  • Click to copy
Tuesday- 09:16, 16/05/2023

Proposition 12 upheld in the US Supreme Court

(VAN) The US Supreme Court has barely upheld the legality of the controversial Proposition 12, an animal welfare law passed in California in 2018.
Egg producers in California, or those wanting to sell eggs into the state, must comply with Prop 12, which, since January 2022, states that for laying hens, no cages are permitted. Photo: Cor Salverius Photography.

Egg producers in California, or those wanting to sell eggs into the state, must comply with Prop 12, which, since January 2022, states that for laying hens, no cages are permitted. Photo: Cor Salverius Photography.

This legislation, fully implemented in January 2022, outlines standards for confinement systems for laying hens, sows and veal calves in California. For laying hens, no cages are permitted.

However, Prop 12 also prohibits any business from knowingly engaging in the sale within the state of California of shell/liquid eggs, pork and veal derived from birds, pigs or veal calves housed in a “cruel” manner contrary to Prop 12 housing standards. This means egg producers wanting to sell eggs into California must comply with Prop 12.

California is big business

The state of California has the largest population (almost 40 million people) of any state. It’s hard to determine how many eggs are produced in the state or shipped in from other states. TheAssociation of California Egg Farmers had strongly opposed the timeline for implementation of Prop 12 on its website, but no contact information was given for further inquiry. And now, the association seems to have dissolved.

Tyson Foods and Hormel Foods, which are 2 of the largest US poultry companies, have agreed to comply with Prop 12 – the latter, as far back as October 2020.

In July 2021, the United Egg Association’s (UEA) Further Processors Division, which represents firms that process eggs into food products, sent a letter to the California Department of Food and Agriculture asking for clarifications related to Prop 12, but stated: “Our members are committed to complying with the regulations.”

Future challenge?

The decision of the US Supreme Court to uphold Prop 12 was close: 5-4. However, one of the dissenting judges, Chief Justice Kavanaugh, noted that the Court’s decision could be challenged in the future.

He stated in his opinion, which accompanies the Court’s decision, that although the Court “rejects the plaintiffs’ dormant Commerce Clause challenge as insufficiently pled, state laws like Proposition 12 implicate not only the Commerce Clause, but also potentially several other constitutional provisions, including the Import-Export Clause, the Privileges and Immunities Clause, and the Full Faith and Credit Clause.”

He added: “In other words, if one State conditions the sale of a good on the use of preferred farming, manufacturing, or production practices in another State where the good was grown or made, serious questions may arise under the Import-Export Clause. I do not take a position here on whether such an argument ultimately would prevail. I note only that the question warrants additional consideration in a future case.”

HD

(PW)

Small farmers in Europe struggle to get by

Small farmers in Europe struggle to get by

(VAN) Brutal economic situation has inflicted misery on farmers who struggle to turn a profit and forced some to look for alternative streams of revenue.

China intensifies emergency food supply amid increasing extreme weather events

China intensifies emergency food supply amid increasing extreme weather events

China has reinforced its emergency food supply in response to increasing extreme weather events and natural disasters, an official said.

Scientists dismayed as UK ministers clear way for gene editing of crops - but not animals

Scientists dismayed as UK ministers clear way for gene editing of crops - but not animals

(VAN) Advocates urge government to allow ‘precision breeding’ to combat disease, but RSPCA warns of ethical dangers.

Expectations positive, but tempered on GM wheat in US

Expectations positive, but tempered on GM wheat in US

(VAN) HB4 wheat’s USDA approval will enable Bioceres to 'move forward with nonregulated field activities for product development and commercialization,' CEO Federico Trucco said in September.

Famine and catastrophic hunger in 5 major hotspots alongside the looming La Niña_climate threat in others

Famine and catastrophic hunger in 5 major hotspots alongside the looming La Niña_climate threat in others

(VAN) Acute food insecurity is set to increase in magnitude and severity in 22 countries and territories.

Pharma and agritech groups push against biodiversity levy at UN summit

Pharma and agritech groups push against biodiversity levy at UN summit

(VAN) One contentious proposal seeks to impose 1% levy on returns from products made using genetic data.

The long association between humans and our stomach bacteria

The long association between humans and our stomach bacteria

(VAN) In a study published in Nature, a team has uncovered new new details about the long association between humans and our stomach bacteria.

Read more