If a company is spun out from the parent company can they put a a non hiring clause on hiring employes from the parent company an visa virsa?

I just want to be clear on what you are asking. A company split from a parent company and there is a clause that neither company can hire from the other.

yes that is what they put in place.

I can't understand why they have that in there, but you may want to try to contact the local labor board. They should be able to answer that question because it may depend on how the companies are structured.