Should California be able to require higher welfare standards for farm animals raised in other states if products from those animals are to be sold in California? On May 11, 2023, the US Supreme Court upheld California’s position by a 5-4 vote in National Pork Producers Council v. Ross.
While the ruling was fractured and reflected complex legal questions, it is a major victory for those working to improve farm animal welfare. A number of states will undoubtedly take advantage of the power that the Supreme Court has recognized.
As a specialist in animal law, I expect that this will result in a patchwork of laws that are likely to make national meat producers very uncomfortable. Ultimately, it could push Congress to set federal standards.
More indoor space for sows
Pork producers sued California over a law that the state’s voters adopted in 2018 via ballot initiative with over 63 percent approval. It set new conditions for raising hogs, veal calves and egg-laying chickens whose meat or eggs are sold in California. The state produces virtually no pork, but represents about 15 percent of the US pork market.
At most commercial hog farms, pregnant sows are kept in pens called gestation crates that measure about 2 feet by 7 feet—enough room for the animals to sit, stand and lie down, but not enough to turn around. California’s law requires that each sow must have at least 24 square feet of floor space—nearly double the amount that most now get. It does not require farmers to raise free-range pigs; just provide more square footage for hogs in buildings.
The National Pork Producers Council argued that this requirement imposed heavy compliance costs on farmers across the US, since large hog farms may house thousands of sows, and
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