A key U.S. Senate committee has advanced a Farm Bill that faces significant opposition from Democrats and various advocacy groups, including California’s Senator Adam Schiff. As the bill progresses to the full Senate, concerns arise over potential amendments targeting California's animal welfare law known as Proposition 12, which was approved by nearly 63 percent of voters in 2018.

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Proposition 12 establishes housing standards for egg-laying hens, veal calves, and breeding pigs, mandating that hens be kept in cage-free conditions, calves have at least 43 square feet, and breeding pigs receive a minimum of 24 square feet. The law also prohibits the sale of certain animal products in California unless they meet these standards.

As a lawyer with experience in animal welfare cases, I find these protections essential. The law allows breeding pigs to have mobility during pregnancy, a significant improvement over standard practices in factory farming, which many voters supported.

The pork industry has legally challenged Proposition 12, but the U.S. Supreme Court upheld the law in a 2023 decision. Following this ruling, various state-level efforts to dispute similar regulations in Massachusetts were also rejected by the Court.

Since the judicial path has failed, the pork industry is now turning to Congress, with Iowa Representative Ashley Hinson and Senator Joni Ernst sponsoring the "Save Our Bacon Act" (SOB Act). This legislation aims to nullify state laws like Proposition 12 and prevent states from implementing new animal welfare protections. A Harvard Law analysis suggests the act could undermine over 600 existing state and local measures related to animal welfare and food safety.

While the House passed the Farm Bill with SOB Act provisions in April, the Senate's current version does not include these measures, although attempts to add them may occur during amendments. Opposition to the SOB Act spans both parties, with Senate Democratic Leader Chuck Schumer criticizing it as beneficial to large agribusiness at the expense of voter-backed protections. Both Senators Schiff and Alex Padilla from California oppose any preemption of Proposition 12, asserting that it contradicts the will of the voters.

Republican Representatives Young Kim and David Valadao from California have also expressed concerns regarding federal intervention in state policies, advocating for local governance and respect for decisions made by compliant farmers.

Senator Schiff, a member of the Agriculture Committee, must continue to resist any attempts to undermine Proposition 12 in the Farm Bill, whether through the SOB Act or related amendments. Congress should prioritize animal welfare, food safety, and state rights, honoring the choices made by California voters.

Vanessa Shakib is an attorney and co-founder of Advancing Law for Animals, as well as an adjunct associate professor of Law at Southwestern Law School.