NAMA News Release: Preemption Upheld in NMA v. Harris

The United States District Court in Fresno California today issued an order and permanent injunction implementing the January 23, 2012 decision of the United States Supreme Court in National Meat Association v. Harris.

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(PRWEB) November 07, 2012

The United States District Court in Fresno California today issued an order and permanent injunction implementing the January 23, 2012 decision of the United States Supreme Court in National Meat Association v. Harris, and stating that, “The Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., expressly preempts California Penal Code § 599f, as amended and effective January 1, 2009, with respect to federally-inspected swine slaughterhouses.” California officials are “permanently enjoined and restrained” from enforcing §599 f against those slaughterhouses.

This brings to closure the litigation initiated in 2009 by the National Meat Association, now the North American Meat Association, challenging a newly enacted California statute which conflicted with ante-mortem inspection at federally inspected swine slaughterhouses. Although the United States Court of Appeals for the Ninth Circuit initially upheld the state law, it was stricken down earlier this year in a unanimous 9-0 decision by the United States Supreme Court.

“Had the law been allowed to stand it would have eliminated the ability of Federal inspectors to conduct ante-mortem inspections of non-ambulatory swine. Obviously such a conflict is not in the best interest of animal welfare or food safety,” said NAMA CEO Barry Carpenter.

The order of final judgment and permanent injunction in CASE NO: 1:08-cv-01963-LJO-DLB was filed November 6, 2012.

North American Meat Association is one of the largest trade groups in the global meat trade, with nearly 700 member companies in the U.S., Canada, Mexico, and other countries.


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