Should California be able to impose taxes and regulations on businesses in other states? An important Trump-backed measure in the federal Farm Bill says “no”—and left-wing activists are desperately trying to stop it.
Across the country, cartons of eggs and packs of bacon now have a hidden tax thanks to a California law called Proposition 12. Prop 12 was a ballot measure financed by extreme animal rights groups. It bans the sale of regular eggs and pork in California supermarkets. Instead, only eggs and pork produced under alternative, “Whole Foods”-style farming systems are allowed.
If the law merely applied to California farmers, no one would object. But California is applying the law to farms in the other 49 states, interfering with free trade and prohibiting their lawfully produced goods from being sold.
Farmers are having to spend millions of dollars to change their facilities to be “Calfornia-compliant.” And these costs are passed on to all consumers, not just Californians.
The Farm Bill measure, called the Save Our Bacon Act, would keep California’s regulations within California’s borders, where they belong. At a time when food prices are far higher than they should be, it’s vital that this provision be adopted by Congress to provide consumers some relief.
If California is allowed to impose Prop 12’s costs on farmers and consumers across the country, it will open the door for even more hidden food taxes.
California could demand farms that sell into California be unionized. Or that they pay a California-level minimum wage. Or that they abide by costly and shortsighted environmental regulations.
California is notorious for running businesses (and people) out of its state with high taxes and regulations. It has the fourth-highest tax burden in the country. If California is not contained, it’ll be unleashed on the rest of the country.
Ironically, California voters themselves now recognize that they bit off more than they can chew by passing Prop 12.
Polling last year found that if Prop 12 was on the ballot again, it would fail, only drawing support from 35 percent of voters.
Meanwhile, 60 percent of Californians wanted a legislative fix to Prop 12. That’s understandable given that bacon prices are now 50 percent higher in parts of California than the national average. A carton of eggs cost $9 last year as Prop 12 piled additional costs on top of bird flu. That’s the result of taking away affordable choices.
Californians got what they voted for. But the rest of us can’t vote in California. So why should we be subject to California’s whims and regulations?
With midterms coming up, the public wants to see improvements to prices of everyday goods. President Trump has endorsed efforts to defang Prop 12’s overreach, saying, “I will use all authority under the Constitution and U.S. law to stop efforts by California – or other states – that hurt American farmers in other states. I will also direct the Department of Justice and the Department of Agriculture to actively monitor – and strongly oppose – any further efforts to limit the ability of American farmers to sell their products anywhere in this great country.”
True to his word, the Department of Justice sued California last year over Prop 12’s egg restrictions.
But the court system can take years to resolve legal issues. Congress can secure an easy win for consumers in the coming months by including the Save Our Bacon Act in the Farm Bill.
Will Coggin is the research director for the Center for the Environment and Welfare.
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