National Broiler Council v. Voss, s. 94-15676
Decision Date | 14 December 1994 |
Docket Number | 94-15690,Nos. 94-15676,s. 94-15676 |
Citation | 44 F.3d 740 |
Parties | NATIONAL BROILER COUNCIL; American Meat Institute; Arkansas Poultry Federation, Inc., Plaintiffs-Appellees, v. Henry J. VOSS, Director, California Department of Food and Agriculture, Defendant-Appellant. NATIONAL BROILER COUNCIL; American Meat Institute; Arkansas Poultry Federation, Inc., Plaintiffs-Appellees, v. Henry J. VOSS, Director, California Department of Food and Agriculture, Defendant, and The California Poultry Industry Federation, Defendant-Intervenor-Appellant. |
Court | U.S. Court of Appeals — Ninth Circuit |
Randall B. Christison, Deputy Atty. Gen., Sacramento, CA, for defendant-appellant.
William A. Bradford, Hogan & Hartson, Washington, DC, Harry E. Hull, Jr., McDonough, Holland & Allen, Sacramento, CA, for plaintiffs-appellees.
Harvey I. Saferstein, Irell & Manella, Los Angeles, CA, for intervenor.
Michael S. Raab, U.S. Dept. of Justice, Washington, DC, for U.S. as amicus curiae.
Mary Ellen Fise, Washington, DC, for Consumer Federation of America as amicus curiae.
Appeal from the United States District Court for the Eastern District of California.
Before: GOODWIN, NORRIS and O'SCANNLAIN, Circuit Judges.
The State of California appeals a summary judgment declaring that the labeling provision of Sec. 26661 of the California Food & Agricultural Code is pre-empted by the Poultry Products Inspection Act ("PPIA"), 21 U.S.C. Secs. 451-470, 851 F.Supp. 1461. Section The district court held that: (1) the PPIA pre-empts the labeling provision of Sec. 26661; and (2) the labeling provision was not severable from the remaining provisions of Sec. 26661. We agree with the district court that the labeling provision of Sec. 26661 is pre-empted, but disagree on the issue of severability. Accordingly, we affirm the summary judgment order in part and reverse in part.
26661(a)(2) prohibits wholesalers from using the word "fresh" on labels for poultry and poultry products unless the poultry has been stored at temperatures at or above 26 degrees. 1 The PPIA regulates the distribution and sale of poultry and poultry products and contains an express pre-emption clause. It declares that "marking, labeling, packaging, or ingredient requirements (or storage or handling requirements found by the Secretary to unduly interfere with the free flow of poultry products in commerce) in addition to, or different than, those made under this chapter may not be imposed by any State...." 21 U.S.C. Sec. 467e (emphasis added). Plaintiffs, three poultry and meat trade associations, brought this action claiming, inter alia, that Sec. 26661(a)(2) is pre-empted by the PPIA
PRE-EMPTION
We affirm the district court's decision that the labeling provision of Sec. 26661 is pre-empted by the PPIA on the basis of the court's Memorandum of Decision and Order (April 8, 1994), which reads, in relevant part, as follows:
States would be precluded from imposing additional or different labeling ... requirements for federally inspected products.
Both industry and consumers would benefit from ... greater uniformity of labeling requirements....
could distinguish these statements.
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