As I am sure you are aware, Proposition 12 (Prop 12) was a California ballot initiative passed by voters in 2018 affecting egg-laying hens, veal calves, and breeding pigs. Basically, the regulation changes the state’s definition of what constitutes confining covered animals in a “cruel manner.” For breeding pigs, that means gestation housing with less than 25 ft2/animal, in effect labeling stall gestation as “cruel” and, thus, illegal. As a result of this legislation, only pork produced from pigs housed according to these criteria can be sold in California, regardless of where the farm is located. The breeding pig requirements of Prop 12 were scheduled to go into effect on January 1, 2022.
The AASV’s longstanding position on sow housing does not favor one housing design over any other, but rather concentrates on emphasizing animal husbandry, access to food, water, and minimizing environmental extremes, while promoting monitoring and treatment of injuries and disease. In other words, when properly designed, maintained, and managed, a variety of housing systems can adequately provide for the animal’s well-being. Proposition 12 would force farmers who want to sell their pork in California to adopt a single set of standards for housing breeding pigs. This change in housing style may require significant modifications in building design as well as reductions in sow herd size. Additionally, employees will have to be retrained to adapt sow management regimens to minimize behavioral challenges associated with group-housed pigs.
Group housing of sows can certainly be done successfully. Several swine farms around the country have been modified or newly constructed to comply with the Prop 12 guidelines upon assurance of a premium price for pigs raised in adherence with those requirements. Farmers being forced to house their sows in a particular way by people who have little to no knowledge of swine husbandry goes against the position of the AASV and may not be in the best interest of the animals or the farmers. There are concerns regarding safeguarding embryos during early implantation as well as minimizing stress on the sows and injuries resulting from aggressive behavior while establishing a social order in pen gestation systems.
Since the passage of Prop 12, the National Pork Producers Council has been involved in legal challenges to try to get the proposed regulation overturned. Those legal challenges have finally wound up before the Supreme Court of the United States (SCOTUS) which will hear the case on October 11. The animal activist groups wasted no time in filing briefs with the court expressing unfounded and exaggerated concerns about animal welfare and public health with current sow housing systems.
To attempt to counter the erroneous and inaccurate statements contained in these briefs, AASV was asked to submit an amicus brief to the SCOTUS. The AASV Board of Directors considered the request and agreed to work with lawyers to prepare the brief. A copy of the brief1 along with all the other briefs, and pertinent documents associated with the case can be accessed at supremecourt.gov. The document was prepared by the legal team using resources and information provided by AASV. The AASV staff, leadership, and Board of Directors reviewed multiple drafts and approved the final version. We hope this provides the justices with a more balanced assessment of the current status of sow housing and potential considerations of mass migration to a government-imposed alternative housing design.
While veterinarians and farmers are more concerned about what is in the best interest of the animals in our care, this case focuses more on the economic impacts of one state’s regulations on a national industry. The filing asks the justices to consider whether Prop 12 violates the dormant commerce clause. The dormant commerce clause ultimately means that because the US Congress has been given power over interstate commerce, states cannot discriminate against interstate commerce nor can they unduly burden interstate commerce, even in the absence of federal legislation regulating the activity (at least that is what it says on Google).
It is anyone’s guess how the SCOTUS will rule, but the outcome could have significant impact on the availability and price of pork in California, and possibly nationally. If Prop 12 is upheld and becomes law in California, I am not sure what impact that will have on the overall swine industry. I hope whatever percentage of production that decides to convert to comply with the regulation will do so with consideration for the animals’ well-being first and foremost. Farmers should work with their veterinarians to ensure employees are properly trained and the impact on the animals is minimized.
Harry Snelson, DVM
Executive Director
Reference
*1. National Pork Producers Council et al v. Karen Ross et al. Brief amicus curiae of American Association of Swine Veterinarians. Accessed July 25, 2022. https://www.supremecourt.gov/DocketPDF/21/21-468/228285/20220617124311471_21-468%20Amicus%20BOM.pdf
* Non-refereed reference.