Skip to comments.Missouri sues California over chicken regulations
Posted on 02/06/2014 3:04:31 PM PST by Rusty0604
Whichever came first, both the chicken and the egg will be subject to a forthcoming federal lawsuit. California voters in 2008 passed a ballot initiative that require larger enclosures for egg-laying hens. Farmers in California worried the new rules, which would increase their costs, would put them at a competitive disadvantage with egg farms in other states, so the state legislature passed a measure in 2010 to require out-of-state producers to comply with California rules.
That, Koster says, is unfair to his states egg producers.
If California legislators are permitted to mandate the size of chicken coops on Missouri farms, they may just as easily demand that Missouri soybeans be harvested by hand or that Missouri corn be transported by solar-powered trucks, Koster said in a statement.
Big agricultural interests backed an amendment to the farm bill, authored by Rep. Steve King (R-Iowa), that would have superseded state laws that set local standards for production; the amendment, which is not included in the final version of the farm bill, was aimed squarely at California regulations.
(Excerpt) Read more at washingtonpost.com ...
The regulation of interstate commerce is one of the enumerated powers granted to the Federal Government. as a state, California is not permitted to do anything more than regulate the natural characteristics (weight, size, color, albumin percent, cleanliness, etc.) of eggs sold in California.
California cannot reach into another state to regulate their methods of production.
While we’re at it, let’s pay those chickens a living wage.
Yeah and why are most of the chickens white?
The same should be said about guns produced in other states.
It is the Constitutional Power of Congress, not California.
“Section 8 - Powers of Congress
The Congress shall have Power ...
To regulate Commerce with foreign Nations, and among the several States...”
Don’t bet on it. I learned from my trucker the other day that trucks coming in from out of state, or Canada, running otherwise legal emissions engines in those places, cannot come into California if the don’t meet the latest emissions standards.
Yet, I hope they don’t overplay their hand and cause a mass migration out of there as the rest of us will have to cope with the ideologically-cancerous people who allowed this crap to take root there in the first place infecting the rest of us.
Good point. Didn’t CA ban lead ammo out of concern for the health of the shot animals? Are they going to manufacture their own bullets?
When I lived in CA many people did not know that their gas was more than the Nat’l average because of the special blends they required.
“Yeah and why are most of the chickens white?”
Yep. Pure racist!
Also: The Paternalistic egg production syndicate is totally homophobe! Only cisgender normative females are employed.
Forgot to add: ... to lay eggs. to the last bit above.
Yes, and the small business truckers are going out of business. Hopefully, they will just move out of State and not make any deliveries that would require traveling through CA.
Screw California, those that interfere with interstate commerce should go to jail and be stripped of their assets.
Mulatto, they have both White and Dark meat.
Yep. The roster must be struck down.
All suffer or die from the effect of California's whacko demands. Their market is the standard to anyone who manufactures. If you choose to not comply, then it's not worth making your stuff or thing and segregating it's distribution and sales.
There is so much wrong in this country anymore.
The problem was not the federal bill (which didn't have any national standards in the final bill) but in the CA legislature impinging on interstate trade by passing a bill requiring out of state producers to comply with CA standards.
I think the general rule is that states may set standards that exceed federal standards for in state business but can't ban the sale of out of state products as long as those products meet federal standards.
I don't know what the legality is of banning products for which there are no federal standards. It seems like a clear violation of the commerce clause, but I don't sit on the Supreme Court.
Exactly. But they can ban the incoming eggs. Will be interested to see what they do. States’ rights all around.
I would think if farmers from other States don’t want to change the size of their coops they don’t have to but they also don’t have to sell their eggs to CA.
S@W and Ruger both said they well not sell their semi autos in CA any more.
I have never heard of such an initiative and I'll leave it at that.
It's time California was called out on this. Because of its huge population, it has succeeded in cowing businesses into bowing to its will.
Maybe Congress could start to really regulate interstate commerce. Heh, I know.
Ain't gonna happen.
My family moved to Wyoming in 2010. That didn't stop two armed agents of the California Franchise Tax Board from showing up in our front yard in 2012 to demand that we prove we lived in Wyoming or else pay back taxes to California. We had to call the Park County Sheriff's Department who told the FTB to leave and never come back.
California is also still trying to fight the Gilbert Hyatt case (Google it) where the CA FTB raided a home in Nevada without a valid warrant thirty years ago. Their arrogance has no limit and no boundary. Literally.
The egg laying bill was CA Proposition 2.
I’m just afraid that Congress would just mirror CA regulations, or try too.
Maybe Obama could just sign an executive order on the size of chicken coops!
Perhaps, but only on the basis of some physical characteristic of the eggs, not on how their mothers were treated in their home state. Regulation of interstate commerce is the sole responsibility of the Federal Government for just this reason; States are NOT to build trade barriers against each other.
Their arrogance has no limit and no boundary. Literally.
You have that assessment right on the money.