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US Supreme Court Strikes Down California Law

January 25, 2012 — Tom Burkgren

On January 23, the U.S. Supreme Court struck down a California law that bans the processing of all non-ambulatory livestock, including hogs. The law was approved by the California Legislature in 2008. It was prompted by the release of a video showing non-ambulatory cows being dragged and prodded at a California beef packing plant. The California statute would have required the immediate euthanasia of non-ambulatory animals, including hogs, upon arrival at processing facility.

The National Meat Association (NMA) challenged the law. After going through the federal district court and the U.S. Court of Appeals, NMA appealed the case to the U.S. Supreme Court with the argument that the Federal Meat Inspection Act (FMIA) pre-empts the California law. The high court agreed with NMA in a ruling that the FMIA “expressly pre-empts” the application of this law to federally inspected swine packing plants.

The American Association of Swine Veterinarians (AASV), along with the National Pork Producers Council and the National Farmers Union, filed a friend-of-the-court brief in the case. That brief argued that the California law could create a risk to animal health as well as criminalize the work of federal inspectors in California packing plants, while asserting that hogs which are merely fatigued pose no threat to food safety or public health.

The brief highlighted the importance of a robust federal inspection process to detect the emergence of animal diseases that could threaten the U.S. swine herd. Foot and mouth disease is one example of a devastating foreign animal disease that could be detected during federal inspection at a packing plant. Also at issue was the fact that many non-ambulatory hogs will recover and be able to walk, given adequate time to rest.

The Supreme Court ruling now sends the case back to the U.S. District Court “for further proceedings consistent with this opinion.”

Reference: NATIONAL MEAT ASSOCIATION v. HARRIS, ATTORNEY GENERAL OF CALIFORNIA, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 10–224.
Argued November 9, 2011—Decided January 23, 2012

Tom Burkgren is the section editor for antibiotic resistance issues.