The Farmer's Daughter USA

Hi, I'm Amanda! My family farms corn and soybeans in Southwest Michigan. I'm also a practicing attorney.

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Egg Suit Dismissed

October 14, 2014

In 2008, California voters passed a law that required certain farm animals be raised with a certain amount of space dedicated to each animal. Following passage of the ballot proposal, the California legislature added to the law by prohibiting eggs from other farms in other states from being sold in California unless the farms met the California regulations. 

I previously explained here why I thought the law was unconstitutional. 

And I wasn’t alone! Missouri’s attorney general filed a federal lawsuit against California, arguing that the law was unconstitutional by violating the Commerce Clause of the Constitution. Five other state attorney generals’ offices joined in the lawsuit as well.

Unfortunately, a federal judge threw the case out earlier this month. U.S. District Judge Kimberly Mueller dismissed the suit, because the states had only demonstrated that the California law would hurt egg producers outside of California, not all consumers. (Source: Des Moines Register.)

To no one’s surprise, the Humane Society of the United States helped defend the law in court. They were overjoyed about the case’s dismissal.

 While I still think California’s laws are unconstitutional, this case does set a fairly scary legal precedent. Can a state really set a regulation that governs the activity of citizens in that state, but also in any other state? Essentially, that’s how California’s law operates – it creates regulations that California producers, as well as producers in other states, must follow if it wants to sell that product in California.

Putting aside actual food safety issues that may come up, these types of regulations could come up in other ways. Maybe Michigan doesn’t want Washington apples sold in our markets. Our legislature could pass a law that would require only water from the Great Lakes could be used for irrigating our apple orchards. To go a step further and really stick it to Washington producers, if producers in other states did not comply with the regulation, their produce would be kept out of our markets. Obviously, it would be impossible, or very very costly, for Washington apple growers to irrigate with water directly from the Great Lakes. The law would essentially preclude all apples outside of the Great Lakes region from being sold in the State of Michigan, including Washington apples.

The idea may seem preposterous, but it is akin to what California has done for egg producers.

Following dismissal of the suit, many of the states involved in the lawsuit have expressed an interest in reviewing their legal options. Of course, an appeal of this issue is probably very likely. I’ll keep you posted….

Image courtesy of FreeDigitalPhotos.net

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Filed Under: Uncategorized Tagged With: animal agriculture, ballot measures, California, eggs, legal, update

Hi, I'm Amanda. My family farms corn and soybeans in Southwest Michigan. I'm an attorney and I'm passionate about agriculture!

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thefarmersdaughterusa

I'm Amanda. My family farms corn and soybeans in Southwest Michigan. I'm an attorney by day, and "agvocate" at night.

Amanda Zaluckyj
Green soybeans as far as the eye can see. I took Green soybeans as far as the eye can see. 

I took this photo over the weekend. These beans should be turning yellow and drying for harvest. So why aren't they? Because...the spring drought.

Seeds need water to germinate. But after we planted we didn't have rain for weeks. So those seeds just sat in the dirt and never sprouted. Then, finally, it rained. And the tiny plants started popping up.

The problem? It was several weeks too late for planting. The question is whether they'll be ready to harvest before the snow flies. We have shorter seasons in Michigan, so it'll be close.
Sunsets on the #farm are the best. 😍 Sunsets on the #farm are the best. 😍
💜💜 💜💜
Don't let anyone make you feel bad about not purch Don't let anyone make you feel bad about not purchasing fresh fruits and vegetables. It all counts.

#modernagriculture #foodproduction #usfarmers #usagriculture #usfarms #food #knowyourfarmer #knowyourfood #modernag #farms #sustainableagriclture #sustainablefarming
I visited one of my favorite local farm stands ove I visited one of my favorite local farm stands over the weekend. I thought I'd buy a couple zucchini and cantaloupe. But the zucchini looked more like clubs, and the cantaloupe was too ripe for my taste. So I passed on those and bought some tomatoes that maybe cost more than I would have preferred.

But you know what I didn't do? I didn't complain about the zucchinis' size. I didn't fuss about the melons' ripeness. I didn't criticize the tomatoes' price. Instead, I smiled at the lovely lady and made small talk as I paid and went about my day. 

Why? Because I remember what it was like being out by the side of the road hot day after hot day. I know that we all poured everything we had into that produce. I remember how defeating it felt when some criticized it. I know that the price is probably around market value, even if it's cheaper in the grocery store. And I know that the farm family behind that cash register is giving everything they have to chase a dream.

I won't be the one to rain on their parade. 

#Respect
Happy #nationaldogday from Mischa! #nationaldogda Happy #nationaldogday from Mischa!

#nationaldogday🐶 
#pittiemix 
#blacklab 
#mischa
Mischa and I are home on the farm for the weekend. Mischa and I are home on the farm for the weekend. And we're loving it.
It isn't one or the other. Farmers care about all It isn't one or the other. Farmers care about all of it.

#agriculture #farming #sustainablefarming #sustainability
I threw a birthday party for Mischa! It was over t I threw a birthday party for Mischa! It was over the top and wonderful. And she had so much fun surrounded by people that love her. 💕

Thanks to everyone who came out to celebrate my little love. 💜
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