Association des Eleveurs de Canards et d’Oies du Quebec v. Becerra

The Ninth Circuit reversed the grant of summary judgment for plaintiffs in an action challenging California Health and Safety Code 25982. Section 25982 bans the sale of products made from force-fed birds, such as foie gras. The panel held that section 25982 is not expressly preempted by the Poultry Products Inspection Act (PPIA), because the PPIA prohibited states from imposing "ingredient requirements" that were "in addition to, or different than" the federal law. In this case, the ordinary meaning of "ingredient" and the purpose and scope of the PPIA together made clear that "ingredient requirements" pertain to the physical components that comprise a poultry product, not animal husbandry or feeding practices. The panel also held that the PPIA impliedly preempted section 25982 under the doctrines of field and obstacle preemption. Accordingly, the panel vacated the district court's permanent injunction and remanded for further proceedings. View "Association des Eleveurs de Canards et d'Oies du Quebec v. Becerra" on Justia Law