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Farm Bureau, Pork Producers file Prop 12 appeal briefs

Two agriculture groups have filed their opening briefs in the appeal of their case against California’s Proposition 12. 

The American Farm Bureau Federation and National Pork Producers Council Monday told the 9th Circuit Court of Appeals that the lower court erred in dismissing their earlier complaint in June because Proposition 12 controls commerce outside of California’s borders and therefore violates the Commerce Clause of the U.S. Constitution.

Proposition 12 is California’s law that imposes their preferred animal husbandry methods and animal housing requirements on the producers of all pigs including those raised out-of-state.  The farm groups claim California consumes 13% of the nation’s pork but produces almost none of it.

In court documents, AFBF and the pork growers say California and the animal rights group’s claim of preventing animal cruelty with Proposition 12 is unsupported by facts and cannot justify the enormous burdens on nationwide pork commerce. Briefs haven’t been filed yet by California and seven animal rights groups, and no new court dates have been set.

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