Farming or Food Production

Summary: Plaintiff and farmer James Dunn brought suit to challenge the attorney general’s certification of Massachusetts Question 3. Dunn was joined by anti-poverty activist Diane Sullivan. Both plaintiffs received funding from Protect the Harvest, a nonprofit that opposes farming restrictions, to pursue the lawsuit. Plaintiffs argued that Question 3’s ban on the production and the sale of products made from restrictively confined animals were unrelated questions. Plaintiffs also argued that the bans on confinement of egg lying hens, pregnant pigs, and calves for veal were separate issues on which voters may have varying opinions, so they should be voted on separately. They also argued that the ballot measure’s statement of purpose improperly contained an “argumentative” policy statement that taints the petition and unfairly sways public opinion. The Massachusetts Supreme Judicial Court held that the ballot measure was compliant with the state’s requirements and that the attorney general properly certified Question 3 for submission to the public.

Summary: Plaintiff William Cramer filed this lawsuit in federal district court to challenge the constitutionality of California’s Proposition 2, which requires California egg farmers to house egg laying hens in less restrictive enclosures. Plaintiff argued that, because Proposition 2 did not specify a minimum cage size for egg laying hens, a reasonable person could not discern whether the enclosures being used were compliant with Proposition 2 and that the law is void for vagueness as a result. The district court dismissed the lawsuit. On appeal, the court reasoned that Proposition 2 did not need to specify a minimum amount of space per bird, and that the space requirements mandating that each hen be able to extend its limbs fully and turn around freely can be discerned using objective criteria. Accordingly, the court of appeals affirmed the judgment of the lower court and dismissed the lawsuit.

Summary: This Oregon law makes the restrictive confinement of a pregnant pig illegal in the state to phase out the use of gestation crates in the Oregon farming industry. The law makes it illegal to confine a pregnant pig in a way that prevents them from lying down and fully extending their limbs or turning around freely. There are some exceptions to this law, such as for transportation, veterinary care, or during the slaughtering process.

Summary: This chapter of Utah law concerns the production and sale of eggs in the state. It establishes the standards for egg grading and what forms of rot and deformities render eggs illegal to sell in the state. It also mandates that egg producers in the state maintain records for examination by the department of health and human services in order to track the spread of foodborne illnesses.

Summary: Beginning in 2010, Kentucky legislators used the legislative initiative process to pass House Bill 398, which requires the Kentucky Livestock Care Standards Commission to make recommendations to the Board of Agriculture to create standards for the keeping of livestock. In response, the Kentucky Board of Agriculture passed Administrative Regulation 302 21:030 in 2014 to provide additional standards and authorized practices for the keeping of livestock for beef and veal. These standards ensure that beef cows and veal calves have sufficient space, access to food and water, and that veal calves are kept in group pens to allow the calves to socialize.

Summary: A coalition of multiple states filed a lawsuit against Massachusetts in the U.S. Supreme Court. Thirteen states, Indiana, Alabama, Arkansas, Louisiana, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin, filed suit against the state of Massachusetts in response to the animal welfare laws created by Massachusetts Question 3. The states claimed to have direct standing to challenge the Massachusetts law because state agencies and instrumentalities own and operate farms that are subject to the Massachusetts law and wish to continue to sell products to other states, including Massachusetts. The states also claimed parens patriae standing on behalf of farmers and consumers within their borders that would be affected by the Massachusetts law. The plaintiff states filed suit in the U.S. Supreme Court requesting that the Court declare the Massachusetts law unconstitutional. The Court denied the motion for leave to file a bill of complaint because hearing the case would not be an appropriate use of the Court’s original jurisdiction. The Court stated that, in order to resolve plaintiff’s challenge and address the issues of standing and the merits of the case, the Court would need to resolve complex factual disputes. The Court reasoned that such disputes are better suited to resolution in federal district court, not the U.S. Supreme Court.

Summary: After California passed Proposition 2 to mandate more humane housing standards for egg laying hens, the state then passed Assembly Bill 1437 to extend the applicability of Proposition 2’s standards to out of state egg producers. In response, six states, Missouri, Nebraska, Oklahoma, Alabama, Kentucky, and Iowa, filed suit against the Attorney General of California seeking to block enforcement of the regulations before they went into effect. The states asserted parens patriae standing on behalf of the egg producers within their borders that would face increasing production costs as a result of compliance with the requirements of Proposition 2 and Assembly Bill 1437. The district court dismissed the case with prejudice, finding that plaintiffs lacked standing. On appeal, the court found that plaintiffs failed to establish an interest apart from those of private egg producers within their borders, and acknowledged that those private egg producers could file a claim themselves. The allegations about the potential economic impact of the regulations were also found to be speculative, since the regulations had not yet gone into effect. Lastly, the court held that the regulations themselves are nondiscriminatory, since they apply to in state egg producers as well. However, because plaintiffs could file an amended complaint after the regulations go into effect that may be sufficient to establish standing, the case was dismissed without prejudice.

Summary: The North American Meat Institute (NAMI) brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 brought suit in federal district court to challenge the constitutionality of California’s Proposition 12 (which forbids the sale of pork meat and eggs in California from producers that do not comply with its animal housing standards). NAMI alleged that Proposition 12 violated the dormant commerce clause by improperly regulating economic activity outside of California’s boundaries and substantially burdening interstate commerce. Plaintiffs acknowledged that Proposition 12 was not facially discriminatory, and that Proposition 12 did not have a discriminatory purpose, because there was a lack of evidence that the state had protectionist intent when enacting Proposition 12. The district court dismissed the case, and the court of appeals affirmed the judgment of the lower court.

Summary: The Iowa Pork Producers Association, an organization that represents Iowa-based industrial pig farmers, filed a lawsuit in federal district court alleging that California’s Proposition 12 is unconstitutional. Proposition 12, a ballot measure that California voters passed in 2018, mandates that pregnant pigs must be housed with a certain amount of space in order for products made from such livestock to be sold in California. Proposition 12 also bans the sale of pork meat from producers that do not comply with the housing requirements, including sales from out of state producers. Plaintiff contended that Proposition 12 violates the dormant commerce clause in that it discriminates against interstate commerce, directly regulates extraterritorial conduct, and that even if it regulates evenhandedly to effectuate a legitimate local public interest, the burden imposed on commerce is clearly excessive in relation to the putative local benefits. The court looked to the purpose of Proposition 12, which is intended to prevent animal cruelty by phasing out extreme methods of farm animal confinement, which also threaten the health and safety of California consumers, and increase the risk of foodborne illness and associated negative fiscal impacts on the state of California. The court found that this purpose is not discriminatory, and that there is no hint of economic protectionism. The court also found that there is no discriminatory effect, as the statute treats all producers the same by imposing the same requirements. The court also denied the extraterritoriality claim because Proposition 12 is not a price control or price affirmation statute and, therefore, does not directly regulate extraterritorial economic conduct. The court also found that the burden imposed on commerce was not clearly excessive in relation to the putative local benefits. The court’s precedent states that even if producers will need to adopt a more costly method of production to comply with Proposition 12, such increased costs do not constitute a substantial burden on interstate commerce, and higher costs to consumers do not qualify as a substantial burden on interstate commerce. The district court dismissed the case, holding that plaintiffs failed to raise serious questions as to the merits of the claims.

Summary: This collection of laws are Nevada's cage-free egg provisions. Under these laws, Nevada egg producers must adopt cage-free housing systems for egg-laying hens. These housing systems must allow the hens a certain amount of usable space and the ability to do certain natural behaviors. Producers that do not comply with these provisions are subject to a civil penalty.