The Bacon Law Cometh

July 21, 2023

Let us know your thoughts on this. This is an interesting case for discussion.

California law approved by voters promising to get breeding pigs out of narrow cages finally took effect, after years of delays and warnings that the rules could lead to price spikes and pork shortages.

It will still be six months before California grocery shoppers can be sure that the pork they buy under the new law will be from a pig whose mother wasn’t confined in a so-called gestation crate – if that was of importance to you.

Opponents of this law say that the law is focusing on incorrect information regarding how breeding hogs are treated.

The U.S. Supreme Court upheld the law, and the state recently agreed to allow pork slaughtered before July 1 to be sold in California markets and restaurants for the rest of the year. But time is now limited for farmers and grocery stores to adjust. This comes four years after voters approved it in California, which some groups still find exasperating in being made to wait longer.

Chris Oliviero, GM of meat company Niman Ranch, stated about the decision, “This development compounds the instability and confusion in the marketplace, while punishing the small independent family farmers and those companies that have been prepared to abide by the law.”

However, many others still feel that the additional time will help producers prevent shortages and further adjust their operations. Afterall, it is no easy feat meeting California guidelines, even given years to do so. (Reference California’s plan to remove all gas power highway vehicles by 2035 which has been pushed multiple times and is still considered unlikely for full compliance).

The law has affected other animal industries; however, pork operations have had a bit more difficulty.

Initially producers argued converting barns to comply would be costly, with standard operations paying a cost of $5 million to $15 million to start – which is not a small feat for California’s largely family-owned operations. Larger spaces would also mean higher heating and maintenance costs – so even more costs in a bad California economy overall.

Pork producers also generally defended their treatment of the breeding pigs, arguing the law wasn’t based on science or real experience, and instead on minor and extremely rare instances and fraudulent anecdotes.

For example, they state that without the use of the crate system, it is far more difficult to breed pigs, and many times pigs will start to fight each other and often hurt themselves. Again, the law is not about all pigs, as it is about breeding pigs – but it seems to have been misrepresented at times. Regardless, the farms that have already implemented adjustments according to the law have stated an increase in the cost of pork production by 5% to 10%. Yet, it is still unknown what this will mean for consumer retail pricing once in full swing.

Another issue with this law is that it does not, and cannot, apply to out of state pork operations with any meaning. California has no ability to compel out of state operations to comply with its regulations. Thus, further harming California pork producers.

What are your thoughts?

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