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Missouri sues California over chicken regulations
Washington Post ^ | 02/04/2014 | Reid Wilson

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 state’s 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 Steve King (R-Iowa), that would have superseded state laws that set local standards for production; the amendment, which is not included in the final version of the farm bill, was aimed squarely at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 ...


TOPICS: Agriculture; Business/Economy; Food
KEYWORDS: agriculture; california; missouri
I don't know the details of this amendment but it sounds like more big federal government. "...amendment to the farm bill, authored by Rep. Steve King (R-Iowa), that would have superseded state laws that set local standards for production"
1 posted on 02/06/2014 3:04:31 PM PST by Rusty0604
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To: Rusty0604

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.


2 posted on 02/06/2014 3:10:55 PM PST by John Valentine (Deep in the Heart of Texas)
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To: Rusty0604

While we’re at it, let’s pay those chickens a living wage.


3 posted on 02/06/2014 3:11:47 PM PST by Huskrrrr
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To: Huskrrrr

Yeah and why are most of the chickens white?


4 posted on 02/06/2014 3:15:09 PM PST by Currentriverrat (People are calling our President the Fresh Prince of Bill Ayers, that's not allowed is it?)
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To: John Valentine

The same should be said about guns produced in other states.


5 posted on 02/06/2014 3:18:12 PM PST by riverrunner
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To: Rusty0604

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...”


6 posted on 02/06/2014 3:21:09 PM PST by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.")
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To: John Valentine

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.


7 posted on 02/06/2014 3:21:49 PM PST by x1stcav ("The past is a foreign country: they do things differently there.")
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To: riverrunner

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.


8 posted on 02/06/2014 3:22:21 PM PST by Rusty0604
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To: Currentriverrat

“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.


9 posted on 02/06/2014 3:22:31 PM PST by Grimmy (equivocation is but the first step along the road to capitulation)
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To: Grimmy

Forgot to add: ... to lay eggs. to the last bit above.


10 posted on 02/06/2014 3:24:12 PM PST by Grimmy (equivocation is but the first step along the road to capitulation)
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To: x1stcav

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.


11 posted on 02/06/2014 3:24:17 PM PST by Rusty0604
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To: Rusty0604

Screw California, those that interfere with interstate commerce should go to jail and be stripped of their assets.


12 posted on 02/06/2014 3:27:22 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Currentriverrat
Yeah and why are most of the chickens white?

Mulatto, they have both White and Dark meat.

13 posted on 02/06/2014 3:28:03 PM PST by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: riverrunner

Yep. The roster must be struck down.


14 posted on 02/06/2014 3:28:21 PM PST by TheDon (Inside Every Liberal is a Totalitarian Screaming to Get Out.)
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To: riverrunner
Sarachi sauce, British Leyland (The MG, Triumph line)VW Bug, Corvair(with some help from Ralph Nader), Diesel vehicles, wood stoves, ad, nauseum......................

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.

15 posted on 02/06/2014 3:29:33 PM PST by blackdog (There is no such thing as healing, only a balance between destructive and constructive forces.)
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To: Rusty0604

There is so much wrong in this country anymore.

We’re f#ckt.


16 posted on 02/06/2014 3:31:48 PM PST by x1stcav ("The past is a foreign country: they do things differently there.")
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To: Rusty0604
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.

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.

17 posted on 02/06/2014 3:38:36 PM PST by Valpal1 (If the police can t solve a problem with violence, they ll find a way to fix it with brute force)
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To: John Valentine

Exactly. But they can ban the incoming eggs. Will be interested to see what they do. States’ rights all around.


18 posted on 02/06/2014 4:03:28 PM PST by RIghtwardHo
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To: Valpal1

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.


19 posted on 02/06/2014 4:07:46 PM PST by Rusty0604
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To: blackdog

S@W and Ruger both said they well not sell their semi autos in CA any more.


20 posted on 02/06/2014 4:08:46 PM PST by riverrunner
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To: Rusty0604; All
California voters in 2008 passed a ballot initiative that require larger enclosures for egg-laying hens.

I have never heard of such an initiative and I'll leave it at that.

21 posted on 02/06/2014 4:20:20 PM PST by Amendment10
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To: Rusty0604
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.

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.

22 posted on 02/06/2014 4:41:49 PM PST by BfloGuy ( Even the opponents of Socialism are dominated by socialist ideas.)
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To: John Valentine
California cannot reach into another state to regulate their methods of production.

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.

23 posted on 02/06/2014 4:45:53 PM PST by MeganC (Support Matt Bevin to oust Mitch McConnell! https://mattbevin.com/)
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To: Amendment10

The egg laying bill was CA Proposition 2.


24 posted on 02/06/2014 4:52:54 PM PST by MeganC (Support Matt Bevin to oust Mitch McConnell! https://mattbevin.com/)
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To: BfloGuy

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!


25 posted on 02/06/2014 4:57:11 PM PST by Rusty0604
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To: RIghtwardHo
But they can ban the incoming eggs.

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.

26 posted on 02/07/2014 5:56:50 AM PST by John Valentine (Deep in the Heart of Texas)
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To: MeganC
The Franchise Tax Board is an archetypal overreaching government agency. I have known them to freeze bank accounts of people who have NEVER lived in or even visited California, simply because their employer was headquartered there.

Their arrogance has no limit and no boundary. Literally.

You have that assessment right on the money.

27 posted on 02/07/2014 6:00:39 AM PST by John Valentine (Deep in the Heart of Texas)
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To: Currentriverrat
Yeah and why are most of the chickens white?

Because they have a job, lol!
28 posted on 02/07/2014 6:06:38 AM PST by ForAmerica (Texas Conservative Christian *born again believer in Jesus Christ* Black Man!)
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