G/TBT/N/USA/1737/Add.4  
 
23 June 2023  
(23-4308) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  22 June 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  Animal Confinement  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[ ] Notified measure published - date:  
[ ] Notified measure enters into force - date:  
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[X] Interpretive guidance issued and text available from1:  
The Sacramento Superior Court has issued a modification of its 28 November 2022 Order in 
California Hispanic Chambers of Commerce v. Ross (Case No. 34 -2021-80003765) concerning 
enforcement of Proposition 12 with respect to whole pork meat. The Animal Care Program website 
at CDFA - AHFSS - Animal Care Program will be updated shortly to include the Court's new order.  
[ ] Other:  
 
Description:  TITLE: Proposition 12, Farm Animal Confinement  
AGENCY: Department of Food and Agriculture, State of California  
ACTION: Implementation Announcement  
SUMMARY: The Sacramento Superior Court has issued a modification of its 28 November 2022 Order 
in California Hispanic Chambers of Commerce v. Ross (Case No. 34 -2021-80003765) concerning 
enforcement of Proposition 12 with respect to whole pork meat. The Court's new order provides that 
the previously issued injunction against enforcement expires as sch eduled on 1 July 2023, except 
with respect to certain noncompliant whole pork meat that is already in the stream of commerce (as 
detailed in the Court's order), which may be sold through 31 December 2023.  
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1737/Add.4  
 
- 2 - 
 
  Specifically, the Court's new order states:  
1 The d eclaratory and injunctive relief imposed by the Court in its 2 February 2022 Judgment  and 
Prohibitory Writ of Mandate, as modified by the Court's 28 November 2022 Order, will expire on 1 
July 2023, except with respect to noncompliant whole pork meat that:  
2 a. as of 1 July 2023, is in the possession of an "end -user" (Cal. Code Regs., tit. 3, § 1322, subd. 
(o)) or a "pork distributor" ( id., subd. (t)) or on the premises of an establishment at which mandatory 
inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.) and that 
holds an establishment number (prefix "M") granted by the Food Safety Inspection Service of the 
United States Department of Agriculture (" federally -inspected entity");  
3 b. is self -certified by the end -user, pork distributor, or other federally -inspected entity to have 
been in their possession or was in the possession of another end -user, pork distributor, or other 
federally -inspected entity  as of 1 July 2023; and  
4 c. is ultimately sold, transferred, exported, or donated on or before 31 December 2023.  
Further details and information available - 
Link to California Animal Care Program Proposition 12, Farm Animal Confinement website: 
https://www.cdfa.ca.gov/AHFSS/AnimalCare/  
Link to view California's Animal Confinement regulations  
(https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulati ons?guid=I15
D32E0034C011ED931ECFCD255CC9C8&originationContext=documenttoc&transitionType=Default
&contextData=(sc.Default))  
Link to Key Terms guidance document  
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