Conflicting state rules raise costs and risks for pig farmers

Farmers Face Rising Pork Regulation Costs

Pig farmers across the United States are facing growing challenges as conflicting state sow housing laws create financial strain and market uncertainty says National Pork Producers Council (NPPC). California’s Proposition 12 requires strict animal housing standards, forcing out-of-state farmers to meet its rules if they wish to sell pork in the state. With 99.9% of America’s sows raised outside California, this law effectively controls a national $27 billion pork market. 

Ohio pig farmer and National Pork Producers Council (NPPC) Vice President Pat Hord told the House Agriculture Committee that farmers have already spent hundreds of millions of dollars upgrading barns to comply with Prop 12. He warned that compliance does not protect farmers from future costs if other states pass different housing requirements. 

 “Whatever I do today could need to be changed when a new state decides they want a different housing standard. These are expensive changes, and some farmers may exit the business amid this uncertainty, which increases consolidation,” said Hord. 

This issue extends beyond animal welfare and into constitutional concerns. The U.S. Constitution forbids states from regulating out-of-state commerce, yet Proposition 12 requires farmers nationwide to follow California’s standards. NPPC submitted comments to the Department of Justice and the National Economic Council highlighting these extraterritorial impacts. 

NPPC President Duane Stateler compared the situation to building a home to local code only to be told later by another state to rebuild parts of it to meet their rules. Such uncertainty drives small farmers out of business and increases market consolidation. 

Farm leaders stress that Congress must act to prevent a confusing patchwork of laws. Without federal guidance, pig farmers will continue to face high costs, reduced competition, and rising pork prices for consumers.  

The Supreme Court has stated that Congress has the authority to resolve these conflicts, making legislative action critical to protect farmers and stabilize the pork industry. 

Photo Credit: istock-srdjan-stepic