WASHINGTON – Supreme Court justices appeared on Tuesday to see whether a challenge to an animal welfare law in California that bans the sale of pork derived from breeding pigs housed in confined spaces can go forward.
During more than two hours of oral argument, several justices raised concerns about the potential impact if the court upholds a measure that her challengers say illegally regulates farmers in other states, citing a wide range of actions that other states could take, some of which relate to culture war issues such as transgender rights and immigration.
But there also seemed to be an awareness on the court, which has a 6-3 conservative majority, that a ruling against California could impose new limits on states trying to protect the health and welfare of their people.
The justices could ultimately revive the challenge by allowing it to proceed in lower courts, which have upheld the measure, without the need to reach a conclusion on whether California’s measure is legal.
Californians approved Proposition 12 in 2018 with nearly 63% of the vote, a margin of more than 3 million votes. State lawyers indicated in court papers that voters were told the measure would raise the price of pork and provide for more humane living conditions for pigs and potentially reduce the risk of foodborne illness, which is not the case. to reduce.
The National Pork Producers Council, which represents the pork industry, and the American Farm Bureau Federation, which represents farming interests, sued in 2019, saying the measure violates a provision of the Constitution known as the commerce clause, which has been interpreted to bar states from interfering with interstate commerce.
Opponents say the measure impermissibly interferes with interstate commerce in part because nearly all of the pork sold in California is produced out of state. The law also places an undue burden on out-of-state entities without a clear in-state benefit, they say. As a result, they say, the law has an unlawfully broad extraterritorial effect.
During the arguments, the court did not appear to be divided along ideological lines, with liberal and conservative justices offering various bleak hypothetical questions about how a ruling in favor of both sides might affect the sensitive relationship between states.
“We live in a divided country,” said liberal Justice Elena Kagan, noting that the Constitution’s restrictions on states blocking interstate commerce were an effort to unify the nation. “Do we want to live in a world where we’re always at each other’s throats and, you know, Texas is at war with California and California is at war with Texas?”
Conservative Judge Amy Coney Barrett said on the theme of the culture war: “So, could you get California to pass a law that said we’re not going to buy any pork from companies that don’t require all of their employees to be vaccinated or from corporations Don’t provide funding for gender confirmation surgery or that sort of thing?” she asked.
Similarly, fellow conservative Brett Kavanaugh asked whether states could condition the sale of certain products on whether companies were paid above the minimum wage or unionized. He also questioned whether a state could set a requirement that products be made by a workforce that everyone is legally allowed to work in the United States.
On the other hand, Kagan and conservative Justice Neil Gorsuch also asked why states should be prohibited from issuing regulations that have effects outside the state based on moral objections. Kagan questioned whether, before slavery was outlawed, states could ban the importation of goods manufactured with slave labor.
Similarly, Barrett questioned whether a ruling against California could limit the state’s efforts to require clean emissions standards for vehicles, a concern raised by liberal groups.
Jeffrey Lamken, a lawyer for the Humane Society of the United States, which is supporting California, pointed out the potential effect of ruling against the state. He said other states have passed similar laws based on moral concerns, including nine that ban products tested on animals and eight that ban eggs produced by caged hens. . Nine states, he said, have banned the sale of fetal tissue from aborted fetuses.
Some justices focused on California’s unique market power as the nation’s largest state, raising concerns that smaller states could push back with the same nationwide influence if they tried to pass similar measures.
“Is California ignorant of all this because it’s such a giant, you can wield this power, Wyoming couldn’t do it, most of the other states couldn’t do it, but you can you do it? You can bully the other states, so you’re not really worried about retaliation?” Conservative Justice Samuel Alito asked California’s attorney general, Michael Mongan.
The groups challenging the California law say in court papers that Proposition 12 will “transform the pork industry across the country” because almost all farmers currently keep sows in pens that do not comply with the law.
That view was contested by California and its allies, including meat producer Perdue Premium Meat Co., which filed a brief in the case saying its Niman Ranch brand has for years been raising hogs that would comply with the requirements of Proposition 12.
California Attorney General Rob Bonta, who is defending the lawsuit, said in court papers that the measure is valid under the commerce clause because it is not aimed at benefiting California producers over out-of-state competitors. The Supreme Court would have to impose new limits on states if it accepted the arguments of the competitors that a regulation related to intrastate sales can be invalidated because it has a large practical impact on other states, he said.
The Biden administration supported the challengers in the case, and Attorney General Elizabeth Prelogar said that Proposition 12 unreasonably restricts interstate commerce in part because it regulates the welfare of animals not within state borders. The stated benefits also fail to justify the sweeping nature of the law because its health benefits are not established, she argued.
Animal ‘neglect’ mainly occurs when an animal is deprived of its basic needs, such as food, water or shelter. A common example of animal abuse charges includes a situation where your employment requires you to leave home for several days. While you are away, you leave your dog in the backyard without food or water.
Can I keep a dog if I find it?
The only legal way to take ownership of a stray pet (thus preventing the original owner from getting their pet back, or claiming you stole it) is through agency adoption animal control or rescue organization that brought the stray animal from animal control. This may interest you : New Voices Student Leadership Institute 2021. agency after serving a mandated stray …
What to do if you find a dog alone? First, check the animal for tags and if it has them, contact the owner immediately. If there are no tags, legally you must take the animal to the shelter closest to where the animal was found. (Call 888-452-7381 to find the shelter nearest you or go to http://www.laanimalservices.com/).
How long before a stray dog is legally yours Indiana?
At least 7 days If the identity of the owner is unknown, scan the animal for microchip identification, provided that such technology is available at the shelter, pound, kennel that operates as a shelter or pound, or animal rescue organization facility. Read also : Legal Brief: News From the NH Environment.
How long before an animal is considered abandoned Indiana?
Sec. 8. (a) An animal placed in the custody of a veterinarian is considered abandoned five (5) days after the veterinarian has given written notice to the individual who delivers the animal to the veterinarian that the individual should reclaim .
How long is a stray hold in Indiana?
If taken to the shelter, the animal is held for four days so that it can be evaluated behaviorally and medically and any necessary treatments, such as spaying or neutering, can be done before they are put up for adoption.
Can I keep a dog if I found it?
Take the animal you found to the County Animal Shelter or other shelters in your area. By taking care of this animal temporarily, you are keeping it safe from car accidents or other injuries. A pet is considered personal property. You cannot keep a stray animal.
Can you keep animals you find?
Normally, you cannot keep lost property until you have taken certain steps to report the find and attempt to return the property to the owner. Read also : US DOJ announces inquiry into Phoenix police practices – JURIST – News. If you find a stray animal, you must: Return the animal to the owner – Most statutes require you to attempt to return the animal to its owner, before declaring ownership.
Can u keep a stray cat?
Under the right circumstances, stray cats can be re-introduced to live at home, but they will most likely need some time to adjust to an indoor lifestyle and may become fearful and wary after spending time away from people.
What do you do when you find an animal?
If You Find a Lost Pet
- Catch and hold it carefully. If you see a stray cat or dog, try to catch and keep the animal if the circumstances allow. …
- Call the authorities. …
- Check for ID. …
- Get the pet scanned for a microchip. …
- Bring pets with no ID to an animal shelter. …
- Post the missing pet online or in local papers.
Can I keep a cat I found outside?
That means your job is easy: let her stay right where she is! She is a community cat, which means she is unowned and her home is outside. Community cats are generally not socialized with people and cannot be taken into indoor homes. They thrive outside, and that’s where they belong.
Can someone give you a dog then take it back?
People who give or sell their animal usually have no additional legal rights for that animal. The person who took or bought the animal does not usually have to return the animal unless there was an agreement to the contrary.
Can you just give a dog to someone?
Answer. Generally when a person gives away his or her animal, that person has no other rights in relation to that animal. To avoid potential future conflicts of ownership rights, it may be helpful to have a written transfer of ownership agreement signed and dated by all parties to the agreement.
What determines who owns a dog?
Proof of ownership can be as simple as your adoption record from the local shelter or as complex as an AKC registration record. Try to find something formal and noted to avoid any concerns that may arise in the event of a dispute.
What do you do if someone won’t give your pet back?
The interest of the pet owner follows two main courses of action: you can try to negotiate the return of the pet. Or you can also file a court action to determine the legal ownership of the pet and return the pet’s mandate to the rightful owner.
Is meat illegal in California?
Proposition 12, passed in 2018 with a nearly two-thirds vote, amended and expanded the earlier law, which prohibits the sale in California of uncooked meat products—regardless of state of origin—from animals that are “improperly confined.”
Why is pork illegal in California? California law makes it illegal to sell pork in the state unless the pig it comes from was raised under certain humane conditions. Pork producers say the law is unconstitutional.
Is pork banned in California?
The new law, which took effect on January 1, prohibits the sale of pork from pigs born to sows in pens with less than 24 square feet of living space, along with similar requirements for laying hens and raising calves for veal. .
Does California have pork?
California accounts for about 15% of the U.S. pork market, and about 87% of pork sold in California comes from pigs raised outside the state, industry officials said.
Why are there no pigs in California?
Biden’s Justice Department asked the Supreme Court to strike down California’s Proposition 12, which prohibits the sale of pork in California from pigs whose nursing sows were raised in 7-by-2-foot farrowing crates. Such sows are unable to lie down, stand up, fully extend their limbs, or turn around.
What is the pork issue in California?
Pork producers based in the Midwest have challenged a California ballot measure that would have banned the sale of pork in the state if it came from the vast confines of breeding pigs in narrow metal cages.
Is bacon legal in California?
The law, Proposition 12, requires pork, egg and veal producers to increase the square footage for the areas where the animals are confined. The law prohibits the sale of products in the state from companies that do not meet these standards set to prevent animal cruelty.
Is bacon available in California?
Despite announcements of “California’s Great Bacon Crisis” and national headlines saying bacon could disappear this year due to a new state law, bacon and other pork products are still widely available in the Bay Area. Offer 12 came into effect January.
What is the new law about bacon in California?
The law amends requirements in sections of Chapter 13.8 of the State Health and Safety Code. It complements Proposition 2, a law that banned animal cruelty passed in 2008. Parts of the law were phased in, with the part covering requirements for pigs taking effect on January 1, 2022.
What is a bacon law?
It is a civil and criminal offense to sell pork in California from pigs born to sows anywhere that is “cruelly confined”, meaning 24 square feet of living space, a requirement that only 4% of American hog farms meet.
What is the new law about pork in California?
Biden’s Justice Department asked the Supreme Court to strike down California’s Proposition 12, which prohibits the sale of pork in California from pigs whose nursing sows were raised in 7-by-2-foot farrowing crates. Such sows are unable to lie down, stand up, fully extend their limbs, or turn around.
What is the new bacon law in California?
Both supplier and farming groups warn that the so-called “bacon law” will be difficult to implement and will likely increase consumer costs in 2022. Approved overwhelmingly by California voters in 2018, the law prohibits on the sale of pork products that come. from a breeding pig given less than 24 square feet of usable floor space.
Why are they banning pork in California?
The overall goal of the law is to prevent the cruel treatment of animals in agriculture. One way to enforce the law is to ban the sale of pork products from companies that do not follow the regulations.
What is the new pig law in California?
The law, which has not yet taken effect, prohibits the sale of bacon, chops and other pork products in the most populous state unless the sow from which the pig was born was housed in at least 24 square feet of standard floor space. that industry officials admit that some farms cannot come together.
What is California’s farm animal confinement law?
In 2008, California voters passed Proposition 2, which prohibits farmers from housing pregnant pigs, calves raised for veal, and egg-laying hens in cages or crates that do not allow them to easily turn, lie down, stand up, and do a full stretch. her limbs.
What is the new law in California about pigs? The law prohibits the sale of most pork in California unless the pig from which it comes was born in a sow that had 24 square feet of space.
What is the new bacon law in California?
Both supplier and farming groups warn that the so-called “bacon law” will be difficult to implement and will likely increase consumer costs in 2022. Approved overwhelmingly by California voters in 2018, the law prohibits on the sale of pork products that come. from a breeding pig given less than 24 square feet of usable floor space.
What is the new pig law in California?
The law, which has not yet taken effect, prohibits the sale of bacon, chops and other pork products in the most populous state unless the sow from which the pig was born was housed in at least 24 square feet of standard floor space. that industry officials admit that some farms cannot come together.
Can I still buy bacon in California?
The situation is not bad yet, however. The law actually allows hogs born in 2021 to be sold in California in 2022. With hogs typically raised for about six months before slaughter, the final supply of 2021 pork is due in June.
Is there a ban on pork in California?
The new law, which took effect on January 1, prohibits the sale of pork from pigs born to sows in pens with less than 24 square feet of living space, along with similar requirements for laying hens and raising calves for veal. .
What is animal confinement?
Animal enclosure means a lot, yard, corral, or similar structure containing the concentration of livestock or poultry in such a way that vegetative cover is not maintained.
What is a confinement practice in regards to animal agriculture?
The law provides that business owners cannot knowingly sell “whole pork” from an animal that has been subjected to cruelty, or meat from a close descendant of a breeding pig.
Are veal crates legal?
The following states have banned veal cages, ensuring that the calves have more freedom to move around and engage in natural behavior: Arizona, California, Colorado, Kentucky, Maine, Massachusetts, Michigan, Ohio, and Rhode Island.
How animals are treated inhumanely?
On factory farms, animals are subjected to routine cuts, extreme confinement, and otherwise manipulated for the benefit of human consumers. These practices are usually harmful to the animals.
What is a confinement farm?
On factory farms, laying hens, pregnant pigs (sows) and veals are usually kept in cages and crates so small that they cannot lie down, turn around or stretch their limbs.
What is a confinement practice in regards to animal agriculture?
The law provides that business owners cannot knowingly sell “whole pork” from an animal that has been subjected to cruelty, or meat from a close descendant of a breeding pig.
Why is confinement of animals bad?
But they largely continue as standard practices and are linked to poor animal welfare, risks to food and worker safety, air and water pollution, greenhouse gas emissions and threats to endangered species.
What does confinement to animals mean?
Definition of confined system : any system for rearing poultry or other livestock in which the animals are kept from contact with the ground primarily as a sanitary measure.
Why is bacon so expensive in California?
That’s because California’s appetite for pork far outstrips its own supply. Formica said there are perhaps 8,000 breeding hogs in California, and it takes about 600,000 hogs to meet demand.
Is there a bacon shortage in 2022? Over the past year, media headlines have warned of a shortage of pork products in California starting in 2022 due to a new animal cruelty law, but the so-called “Great California Bacon Crisis” is yet to come.
Why has bacon gone up in price so much?
Being an easy source of protein, bacon has also grown in popularity. With high demand and low supply, the price of bacon increases. Bacon is expensive because more people are eating protein regularly.
Why are bacon prices increasing?
Experts like the USDA are linking high meat prices to multiple factors starting with labor shortages and supply chain issues early in the pandemic that have upset the balance between supply and demand.
What is the cost of bacon in 2022?
Retail bacon prices averaged $7.31 so far in 2022. Retail bacon prices averaged $6.52 in 2021, up 94 cents from 2020. Retail bacon prices averaged $5.61 in 2019, up 14 cents from 2018. retail bacon prices average $20.27 in 25.25. .
Why is bacon so expensive 2022?
Although commodity prices are falling, it will take time for those lower costs to be passed on to consumers. In addition, many other costs for producers “such as fuel, labor and packaging” are also high. And as the supply has been affected, the demand has increased.
What is California’s new bacon law?
The law requires that breeding pigs, egg-laying chickens and veals be given enough room to stand and turn around. For pigs, that means they can no longer be kept in narrow “carrying cages” and must have 24 square feet (2.23 square meters) of usable space.
Why is pork so expensive right now in California?
Pork, like everything else these days, has become more expensive in part because of supply chain issues and the inflationary pressures fueled by the pandemic. And now comes another wild card: The pork industry’s ability & desire to adapt to a new animal welfare law in California, the largest market in the United States.
Why is pork so expensive in California?
“As you go into the year, there will be less and less pork available.†That’s because California’s appetite for pork far outstrips its own supply. Formica said there are perhaps 8,000 breeding hogs in California, and it takes about 600,000 hogs to meet demand.
What is the pork issue in California?
Pork producers based in the Midwest have challenged a California ballot measure that would have banned the sale of pork in the state if it came from the vast confines of breeding pigs in narrow metal cages.
Why are pork prices so high right now?
Significantly higher feed costs, with corn prices up 79% and soybean meal prices up 42% during this time, as well as fuel and transportation costs and packing and retail wages, contributed to the marginal increase in costs. Many of these marginal costs translate into changes in farm, wholesale and retail pork prices.
