Washington—Senators Dianne Feinstein (D-Calif.), Alex Padilla (D-Calif.), Cory Booker (D-N.J.) and Debbie Stabenow (D-Mich.) right now referred to as on Agriculture Secretary Tom Vilsack to help California’s Proposition 12 earlier than the Supreme Courtroom.

In 2018, California voters handed Proposition 12, which set humane requirements for farm animal merchandise bought in California. Final month, the Supreme Courtroom agreed to listen to Nationwide Pork Producers Council v. Ross, a lawsuit difficult Proposition 12.

“Given the impacts of the legislation, we urge your Division to help California and different states that prohibit gross sales of a product with the intent of defending the well being and security of shoppers inside their state,” the senators wrote. “States shouldn’t be stripped of their authority to mitigate the hurt that inhumane farm animal confinement poses to animals, folks, and the surroundings.

“Additional, overturning this common California legislation would battle with longstanding judicial precedent and jeopardize established well being, security, environmental safety, and animal welfare laws in dozens of states.  In our federal system, states have important autonomy within the institution of social and financial coverage in a spread of areas, from local weather change (e.g., use of renewable power), to labor, to air pollution (e.g., necessary recycled-content legal guidelines).  Increasing the Dormant Commerce Clause as NPPC seeks to do on this case would have ramifications far past the pork, hen, and veal industries.”

Full textual content of the letter is obtainable right here and under: 

April 15, 2022 

The Honorable Thomas J. Vilsack
Secretary
U.S. Division of Agriculture
1400 Independence Avenue, SW
Washington, DC 20250

Pricey Secretary Vilsack:

We write to induce you to help California’s Proposition 12 earlier than the Supreme Courtroom, and to help all states’ authority to guard the well-being of their residents and animal welfare. As you already know, on March 28, 2022, the Supreme Courtroom agreed to listen to Nationwide Pork Producers Council v. Ross, the Nationwide Pork Producers Council’s (NPPC) problem to California’s Proposition 12 that units humane requirements for farm animal merchandise bought in California.  This legislation is meant to forestall animal cruelty, shield the well being and security of California shoppers, and reduce the danger of foodborne sickness by phasing out excessive strategies of farm animal confinement. California’s Proposition 12 solely regulates in-state gross sales of sure pork merchandise at challenge on this case (in addition to in-state gross sales of sure egg and veal merchandise) and doesn’t regulate out-of-state producers. 

We imagine that the earlier Administration’s place on California’s Proposition 12 was based mostly on a false impression of the legislation. As is said within the poll measure textual content itself, the aim of Proposition 12 was not solely to enhance animal welfare, however to “section out excessive strategies of farm animal confinement, which additionally threaten the well being and security of California shoppers, and improve the danger of foodborne sickness and related destructive fiscal impacts on the State of California.” Given the impacts of the legislation, we urge your Division to help California and different states that prohibit gross sales of a product with the intent of defending the well being and security of shoppers inside their state.  States shouldn’t be stripped of their authority to mitigate the hurt that inhumane farm animal confinement poses to animals, folks, and the surroundings.

Additional, overturning this common California legislation would battle with longstanding judicial precedent and jeopardize established well being, security, environmental safety, and animal welfare laws in dozens of states.  In our federal system, states have important autonomy within the institution of social and financial coverage in a spread of areas, from local weather change (e.g., use of renewable power), to labor, to air pollution (e.g., necessary recycled-content legal guidelines).  Increasing the Dormant Commerce Clause as NPPC seeks to do on this case would have ramifications far past the pork, hen, and veal industries.

Contemplating the intense and unnecessary threats to animal welfare and states’ authority to guard the well-being of their residents, we request that you just help California’s Proposition 12 in additional actions by your Division earlier than the Supreme Courtroom.  Thanks on your consideration of our request. 

Sincerely,

Dianne Feinstein
United States Senator 

Alex Padilla
United States Senator 

Cory Booker
United States Senator 

Debbie Stabenow
United States Senator

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