As our readers know, California’s Proposition 12 is a statewide statutory initiative measure that establishes standards of confinement for certain farm animals. Throughout the course of a series of lawsuits, namely in the state case of California Hispanic Chambers of Commerce v. Ross, the state court had previously stayed the enforcement of Proposition 12 for whole pork meat until July 1, 2023.

After the U.S. Supreme Court upheld the constitutionality of Proposition 12, the California Department of Food and Agriculture (CDFA)’s Animal Care Program issued a guidance document that suggested, with respect to noncompliant whole pork meat in inventory that was purchased prior to July 1, 2023, it did not intend to exercise enforcement due to limited implementation resources:

• What do I do with noncompliant whole pork meat in inventory that was purchased prior to July 1, 2023?

• We recognize that current inventory is transient and as purchases of compliant products begin to be made after July 1, 2023, pork products in current stocks will eventually be cleared from freezers and retail stores in California. CDFA understands that there will necessarily be a period of transition. CDFA reiterates that for the remainder of 2023, we intend to focus our limited implementation resources, not on covered products already in commerce, but rather on 1) outreach to ensure that all distributors who are required to register do so; 2) accreditation of third-party certifying agents so that when third-party certification is required for producers and distributor registrations beginning on January 1, 2024, producers and distributors have more options; and 3) certification of producers and distributors.

In accordance with CDFA’s guidance, that Sacramento County Superior Court issued a June 16 order that states that noncompliant whole pork meat already in the stream of commerce and in the possession of an “end user” or “pork distributor” (both terms which are defined in 3 CCR 1322), or an FSIS-inspected establishment, may be sold, transported, or donated through Dec. 31, 2023.

To qualify for the exemption, the end user, pork distributor, or FSIS-inspected establishment must self-certify that it or another end user, pork distributor, or FSIS-inspected establishment possessed the product as of July 1, 2023.