CALIFORNIA HISPANIC CHAMBERS OF COMMERCE; KRUSE & SON, INC; CALIFORNIA GROCERS ASSOCIATION; CALIFORNIA RESTAURANT ASSOCIATION; and CALIFORNIA RETAILERS ASSOCIATION v. KAREN ROSS, et. al.
A California Superior Court judge has said that the California Department of Food and Agriculture (CDFA) cannot enforce Proposition 12’s whole pork sale requirements against grocers and other retailers until 180 days after the agency establishes final regulations for such sales. Proposition 12 was passed overwhelmingly by voters in 2018 to increase minimum confinement standards for egg-laying hens, calves raised for veal, and breeding pigs––banning both the in-state production and sale of products that do not comply with the standards as of January 1, 2022. Petitioners had sought a 28-month postponement of the law’s enforcement, which the court rejected. The ruling also does not apply to Proposition 12’s egg or veal product restrictions. The CDFA director of public affairs stated, “It should be noted that the judge’s ruling is a narrow one that applies only to retailers, including grocers, and not to pork producers providing pork products to California. Pork producers and suppliers remain subject to enforcement if they violate the square-footage requirement that went into effect on Jan. 1.
[To accompany State Case Law Update "California Judge Delays Enforcement of Proposition 12 Pork Sale Requirements Against Retailers" from Brooks Animal Law Digest Issue No. 122.]