The Ninth Circuit Court of Appeals has turned down the challenge to California’s Proposition 12 from the National Pork Producers Council and American Farm Bureau. Proposition 12 puts in strict housing standards for pork and poultry. Nebraska Pork Producers Association Executive Director Al Juhnke says while the Appeals Court ruled against the challenge that said Prop 12 violates the Commerce Clause of the U.S. Constitution, the case eventually will likely end up in the U.S Supreme Court.

He says several other questions need to be answered that leaves the Prop 12 case open, and one of those is its impacts on other states and the ability for one state to dictate rules to another.

Juhnke says besides the battle in the courts, the issue could come down to some legislation at the federal level.

The National Pork Producers Council says the Appeals Court ruling will result in a 2.5 percent loss of national pork harvest capacity.