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Prop 12 implementation expected to be delayed until July 1, 2023

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Members of the Food Equity Alliance asked the court to extend the injunction until after the U.S. Supreme Court decides on NPPC-AFBF case.

A coalition of California grocery stores and restaurants, business organizations, food processors and food equity supporters have asked the Superior Court of Sacramento for an extension of the court's injunction against implementation of Proposition 12 until July 1, 2023. The Food Equity Alliance says delaying the implementation of Prop 12 is "the only solution to protect the most-vulnerable Californians, Latino and Asian grocery markets and restaurants from facing increased food prices and food insecurity."

In September, California's Department of Food and Agriculture announced it had finally completed the Prop 12 implementation rules, more than three years after the original statutory deadline. The Superior Court for Sacramento County in California had ruled earlier this year to halt enforcement of Prop 12 because the California Department of Food and Agriculture took more than two years to finalize regulations outlining what is expected of pork producers. The ruling delayed enforcement until 180 days after the final rules go into effect, which would trigger enforcement and compliance by Feb. 28, 2023.

Last Wednesday, the coalition filed a joint stipulation with the Superior Court of Sacramento asking for an additional four-month extension of the court's injunction against implementation of Prop 12. Members of the Food Equity Alliance asked the court to extend the injunction until after the U.S. Supreme Court decides on the National Pork Producers Council and the American Farm Bureau Federation's constitutional challenge against Prop 12.

According to NPPC, the "parties of the California state action agreed that implementation of California Proposition 12 should be delayed further until the middle of 2023 after SCOTUS rules - which is anticipated in early 2023."

Food Equity Alliance members include the California Asian Pacific Chamber of Commerce, California Grocers Association, California Hispanic Chambers of Commerce, California Restaurant Association, California Retailers Association, California Pork Producers, Golden Gate Restaurant Association, Independent Meats Co., Latin Business Association, Latino Restaurant Association, National Asian American Coalition, National Diversity Council, Sams American Eatery, Sunnyvalley Smoked Meats and Yosemite Foods.

The members say Prop 12 "disproportionately harms Latino and Asian grocers, restaurants and families who rely on pork as primary protein staple in everyday meals at a time when they cannot take another hit.  Culturally, both Latino and Asian populations, eat more pork compared to the average American who consumes higher quantities of beef. For example, Latinos are far more likely than non-Latinos to use fresh pork in Mexican or other Latino dishes (39% vs. 5%). For all in-home dining occasions, families who serve fresh pork with kids at the table are more likely to be Latinos (53%) than non-Latinos (32%)."

NPPC says the Superior Court of Sacramento is expected to approve the joint stipulation filed by the parties to this case, extending the injunction against implementation of Prop 12 until July 1, 2023.  

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