Nebraska pork producers: New California regulations will be a nightmare

(The Center Square) – Much of the pork raised in Nebraska may not be eligible for sale in California as of January, under that state’s new animal welfare requirements.

Currently, only 4% of Nebraska farmers meet California’s upcoming requirement for the minimum pen size for breeding sows, Al Juhnke, executive director of the Nebraska Pork Producers Association, told The Center Square.

California voters in 2018 passed Proposition 12, the Farm Animal Confinement Initiative, which dictates the size of pens for pigs and other animals, Juhnke said. It is effective Jan. 1. The larger pen requirements would decrease the number of pigs that could be housed in a barn by about 25%, Juhnke said.

“California consumes about 15% of the pork in the United States,” said Juhnke. “It’s a good customer for every pork-producing state, but especially states like Nebraska that are further west.”

The requirements are currently under challenge in the courts and will probably be decided by the U.S. Supreme Court, Juhnke said.

“If Proposition 12 holds, California is going to face a major shortage of pork,” he said.

As the deadline approaches, restaurants and grocery stores in California are beginning to oppose the measure, Juhnke said.

“All of a sudden they are understanding they won’t be able to get bacon for the bacon cheeseburgers any more,” he said.

The price of pork will also likely jump in California, he said.

“The reason pork is highly consumed, not only in California but around the world is that it is affordable,” he said.

Ultimately, Proposition 12 will likely be overruled as a violation of interstate commerce, Juhnke predicted.

“What upsets Nebraska farmers, and rightly so, is that a California law can reach out to me on my farm in Nebraska,” he said. “California can do that to their own pork farmers. But going across state lines, you start bumping into that commerce clause.”

It would be a nightmare logistically for Nebraska’s pork processing plants.

“How would they know whether the pork is California compliant?” he asked. “California is not going to send inspectors to farms in Nebraska.”

It also would be an additional challenge to processors to separate California compliant pork from non-compliant product as it goes through the plant, Juhnke said.

“That’s why we’re telling California they need to at least delay this for now,” said Juhnke. “They have not thought this through.”

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