The US Supreme Court’s May 11 ruling on California’s Proposition 12 won’t go into effect until at least next year. As of July 1st, the Sacramento Superior Court has allowed pork in the supply chain to continue to be sold in California through December 31st of this year.
California voters passed Proposition 12 in 2018. This ballot measure would impose minimum confinement standards for layer hens, calves, and pigs used in the production of shell eggs, liquid eggs, veal rounds, and pork rounds for sale anywhere in California. ing. This law means that products manufactured in other states cannot be sold in California.
The law also restricts the sale in California of products derived from animals not raised in accordance with the state’s animal husbandry standards.
In the California Hispanic Chamber of Commerce v. Ross state lawsuit, the state court previously stayed until July 1, 2023 to enforce Proposition 12 against pork rounds. The California Department of Food and Agriculture (CDFA) has issued guidance suggesting that: It states that no action will be taken on non-conforming pork in stock as of July 1, 2023. However, the guidance leaves some key questions unanswered, such as what it means for a product to be in stock as of July 1.
in the Orders placed on June 16th Order (amended order of November 28, 2022) for actions brought by the California Hispanic Chamber of Commerce, Cruze & Son, California Grocery Association, California Restaurant Association, and California Retailers Association states that a previously issued injunction against enforcement expires. Ships on schedule on July 1, 2023, except for products that have already been sold.
The Order states that non-conforming pork rounds are already in circulation and are the property of the “end-user” or “pork distributor” (both terms are defined below). 3 CCR1322), or FSIS-inspected establishments may sell, transport, or donate through December 31, 2023.
To be eligible for the exemption, an end-user, pork distributor, or FSIS-inspected facility must be themselves or another end-user, pork distributor, or FSIS-inspected as of July 1, 2023. All you need to do is to self-certify that the facility you purchased owns the product.
Notably, the Court’s order prohibits enforcement of Proposition 12 by any party, whether state or private litigants, by extending the current stay order in a limited way. . This maintains an injunction barring private parties from enforcing Proposition 12 with respect to these products.
This suspension will last until the end of the year, which means that any products exempted under this suspension must be sold through California or returned outside of California by the end of 2023. At the end of the year, the lawsuit will be automatically dismissed with prejudice. Plaintiffs waive their right to seek further relief by enforcing Proposition 12. This indicates that the extension is likely the last extension in this case.
The state’s cease and desist order provides time-limited flexibility for companies seeking to transition to a Proposition 12-compliant pork supply chain.
Therefore, the order allows non-conforming pork produced before July 1 to continue to be sold through and distributed as long as the product is sold by July 1. The Order does not grant any allowance to products produced after July 1, 2023. Pay allowances for pigs that are on the ground but not yet harvested by 1 July 2023.
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