East Coast Farmers Worry California Laws Could Hurt Their Operations

A California law that sets confinement standards for breeding pigs concerns some pork producers on the other side of the country.

Heidi Flory and her husband, Steve, own and operate a 4,800-head swine nursery in Schuylkill County, Pennsylvania.

More than 2,000 miles away, California’s Proposition 12 mandates producers in that state, as well as those who raise pork sold in California, provide pig accommodations roomier than the industry standard.

Flory fears the law will hurt her operation in Hegins and other farms throughout the region.

“How we raise pigs is based on scientific research for best management practices. Proposition 12 is based on emotion,” she said.

California is a huge consumer of pork, accounting for 15% of domestic sales, according to the National Pork Producers Council.

Schuylkill County farmer Heidi Flory owns and operates a pig nursery barn in Schuylkill County with her husband, Steve. Flory is concerned a measure passed in California regarding space requirements for certain types of swine could have negative impacts on producers nationwide.

However, the large state has little pork production, according to the council, and depends on farms from other states to feed its demand.

Proposition 12 bans the sale of pork in California that does not meet its production standards, which includes providing 24 square feet per sow. That’s enough space for a sow to turn around without hitting the sides of the cage, and 70% more space than a sow gets in a conventional gestation crate.

The Pork Producers Council estimates retrofitting or building new barns to meet Prop 12’s space mandates will cost farmers $3,500 per sow.

Noncompliant pork already in the supply chain can continue to be sold in California until the end of this year, but since July 1, hogs slaughtered have needed to come from farms that are Prop 12-compliant.

In May, the Supreme Court rejected the National Pork Producers Council’s argument that California’s law unfairly regulated interstate commerce.

The Humane League said the court decision will protect similar state laws, such as one in Massachusetts, and prevent confinement systems that “virtually immobilize animals, prevent them from engaging in any natural behaviors, and subject them to intense physical and psychological anguish.”

Flory said the cost of complying with the law unfairly burden smaller farms, which have slim profit margins.

“Right now, the bigger companies, if they choose to comply, can afford to do so,” she said.

Courtney Gray, executive director of the Pennsylvania Pork Producers Council, declined to speak about Prop 12, saying the Pork Checkoff prohibits anyone with the council from commenting on legislative issues.

The national council, which is not a checkoff organization, says it opposes Prop 12 because the measure lacks scientific basis, will increase food prices and disrupt supply chains, and threatens the livelihoods of producers.

Chris Hoffman, president of Pennsylvania Farm Bureau and a pork producer, said his organization “doesn’t support a state dictating how other states raise their pork.”

Hoffman operates Lazy Hog Farm, a sow farrow to wean operation in McAllisterville. Prior to the COVID-19 pandemic, he retrofitted his sow barn to meet Prop 12 certification, at a cost of almost $500,000.

But that wasn’t the only cost Hoffman incurred to become Prop 12 compliant.

The increased space allotment reduced the number of sows his barn can hold from 1,400 to less than 1,200. Also, because the sows are raised in an open pen setting, Hoffman said there is less control over feed rations and it’s costing him a pound-and-a-half more per sow daily to maintain condition.

“There’s the construction cost, increase in feed and a reduction in income because there’s now fewer sows in the same barn,” he said. “This is what California wants, so are they willing to pay for it?

Flory doesn’t consider fewer pounds of pork produced in the same space to be in line with sustainability goals.

“What can we do that is science-based to produce the most pork we can while having a smaller footprint? That’s what it means to be sustainable,” she said. “If we have to raise fewer pigs in the same amount of space, then it’s fewer pigs entering the food chain and the price goes up.”

While Flory’s sow nursery isn’t directly affected by Prop 12, she’s concerned about other states adopting similar legislation, and the rules expanding to other forms or pork production in the future.

New Jersey recently adopted a law banning tight confinement of sows, though it does not apply to pork produced out of state.

Ultimately, Flory said, measures like Prop 12 affect the freedom to farm.

“Farmers know their animals, and the government and general public need to give us credit,” she said. “There are far-reaching impacts with this legislation, and it would be naive to think it won’t impact Pennsylvania. The door has now been opened.”

The American Veterinary Medical Association says any sow housing system comes with trade-offs.

A gestation stall allows individual feeding and care of sows, but the small space restricts normal behaviors. Group housing affords sows greater movement but also risks aggression and competition for resources.

If Prop 12 burdens producers with increased costs that are ultimately passed on to consumers, Hoffman wonders what will happen if there is less pork being sold in California. A drop off in pork sales to California could disrupt the entire market, he said.

“We are not against consumer wants or needs. The problem is when you force everyone to accommodate a certain standard that doesn’t have the science to back it up,” Hoffman said. “No one should be priced out of it because of a regulation that has more emotion than science.”

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Staff Reporter

Tom Venesky is a staff reporter for Lancaster Farming. You can reach him at [email protected].