House Agriculture Committee Hearing on Proposition 12 Fails Farmers and the American Public

Washington, D.C. – Today’s hearing by the House Committee on Agriculture on “The Implications of Proposition 12” represents yet another deeply concerning attempt to undermine the will of voters, the rule of law and basic standards of animal welfare in the United States.

Proposition 12, overwhelmingly approved by California voters in 2018, set common-sense minimum space requirements for egg-laying hens, mother pigs, and calves raised for veal – and banned the sale of products in California that don’t meet those standards, regardless of where the animals were raised. The law was upheld by the U.S. Supreme Court in 2023, affirming states’ rights to safeguard public health and promulgate laws reflecting the ethical preferences of its citizens.

Yet instead of respecting this democratic decision and clear legal precedent, today’s hearing amounted to a platform for industry lobbyists and political allies to recycle debunked talking points in defense of outdated and inhumane factory farming practices.

“This was not a hearing—it was a grievance session for Big Ag executives,” said Taylor Haynes, president of the Organization for Competitive Markets and founder of the Wyoming Independent Cattlemen’s Association. “Rather than focusing on meaningful improvements for farmers, consumers or animal welfare, the committee prioritized corporate interests trying to bypass the will of the voters and the decisions of the Supreme Court.”

Notably absent from the hearing were voices from animal welfare organizations, consumer protection advocates, public health experts and the majority of farmers who already comply with or support higher welfare standards. Instead, the panel was stacked with industry representatives pushing for federal preemption that would strip states of their right to regulate products sold within their borders – setting a dangerous precedent for states’ rights and consumer protection nationwide.

Key facts ignored by today’s hearing:

• Prop 12 has broad public support: More than 62% of California voters backed the measure at the ballot box.

• The Supreme Court has ruled decisively: In National Pork Producers Council v. Ross, the Court reaffirmed California’s constitutional authority to enact such standards.

• Compliance is widespread: Many major producers have already shifted to meet or exceed Prop 12’s standards, proving the industry can adapt without chaos.

• Consumers want better: Surveys consistently show that Americans favor stronger animal welfare protections and are willing to pay modest premiums for better products.

“Today’s hearing was not about protecting farmers or ensuring food security,” said Marty Irby, president of Competitive Markets Action and secretary at the Organization for Competitive Markets. “It was about preserving a broken system that treats independent farmers with contempt and attempts to override democracy when voters demand change.”

“Today’s hearing was an attempt to lay the groundwork for the passage of the so-called Food Security and Farm Protection Act, which could nullify hundreds of state agriculture laws across the country,” said Jonathan Buttram, treasurer at the Organization for Competitive Markets and president of the Alabama Contract Poultry Growers Association. “This bill is nothing more than a means for Chinese-owned corporations like Smithfield Foods to bypass regulations that protect rural communities, family farms and consumers.” 

We call on lawmakers to reject any federal legislation that would nullify Prop 12 or similar state-level reforms. Voters spoke. The Court ruled. It’s time for Congress to stop relitigating and start leading.

Organization for Competitive Markets is a 501(c)(3) non-profit based in Lincoln, Nebraska, dedicated to fighting for competitive markets in agriculture. Our mission is to define and advocate for fair, honest, and accessible markets that benefit farmers, ranchers, and rural communities.

Competitive Markets Action is a 501(c)(4) non-profit based in Washington, D.C., focused on advancing policy to promote sustainable agriculture and protect states’ rights from federal overreach. CMA works to raise awareness about harmful policies that threaten American farmers, consumers, and the broader U.S. economy.