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Association des Eleveurs de Canards et d Oies du Quebec et al v. Kamala J Harris et al

MEMORANDUM in Support of MOTION for Partial Summary Judgment as to Federal Preemption Claim 117

44 Cited authorities

  1. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  2. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 982 times   9 Legal Analyses
    Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

  3. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,312 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

  4. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 887 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard

  5. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,187 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation

  6. Freightliner Corp. v. Myrick

    514 U.S. 280 (1995)   Cited 625 times   6 Legal Analyses
    Holding that a suspended Safety Act standard regarding tractor-trailer air brakes did not preempt common law tort actions

  7. Fla. Avocado Growers v. Paul

    373 U.S. 132 (1963)   Cited 1,567 times   3 Legal Analyses
    Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations

  8. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,164 times   11 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."

  9. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,184 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

  10. Ass'n Des Eleveurs De Canards et D'Oies Du Quebec v. Harris

    729 F.3d 937 (9th Cir. 2013)   Cited 222 times   2 Legal Analyses
    Holding that California statute banning the sale of products from force-fed fowl was not directly discriminatory because it "applies to both California entities and out-of-state entities ... regardless of where the force feeding occurred"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,160 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 451 - Congressional statement of findings

    21 U.S.C. § 451   Cited 102 times   2 Legal Analyses
    In 21 U.S.C. § 451, Congress bases the entire PPIA on its finding that "[u]nwholesome, adulterated, or misbranded poultry products" hurt people and destroy markets for poultry.

  13. Section 678 - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters

    21 U.S.C. § 678   Cited 72 times   3 Legal Analyses
    Preempting certain requirements "within the scope of this [Act]"

  14. Section 453 - Definitions

    21 U.S.C. § 453   Cited 53 times   5 Legal Analyses
    Defining “adulterated” to include product that has been “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”

  15. Section 467e - Non-Federal jurisdiction of federally regulated matters; prohibition of additional or different requirements for establishments with inspection services and as to marking, labeling, packaging, and ingredients; recordkeeping and related requirements; concurrent jurisdiction over distribution for human food purposes of adulterated or misbranded and imported articles; other matters

    21 U.S.C. § 467e   Cited 49 times   1 Legal Analyses
    Stating that state may not impose labeling requirements in addition to or different than federal requirements

  16. Section 457 - Labeling and container standards

    21 U.S.C. § 457   Cited 36 times   6 Legal Analyses
    Requiring federal inspectors to affix an official inspection legend on processed poultry

  17. Section 458 - Prohibited acts

    21 U.S.C. § 458   Cited 30 times

    (a) No person shall- (1) slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles for commerce, except in compliance with the requirements of this chapter; (2) sell, transport, offer for sale or transportation, or receive for transportation, in commerce, (A) any poultry products which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation

  18. Section 452 - Congressional declaration of policy

    21 U.S.C. § 452   Cited 25 times
    Providing for the inspection of poultry and poultry products to prevent misbranding and adulteration

  19. Section 25982 - Prohibited sale

    Cal. Health & Saf. Code § 25982   Cited 13 times   1 Legal Analyses

    A product may not be sold in California if it is the result of force feeding a bird for the purpose of enlarging the bird's liver beyond normal size. Ca. Health and Saf. Code § 25982 Added by Stats 2004 ch 904 (SB 1520), s 1, eff. 1/1/2005, op. 7/1/2012.

  20. Section 463 - Rules and regulations

    21 U.S.C. § 463   Cited 8 times

    (a) Storage and handling of poultry products; violation of regulations The Secretary may by regulations prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting, in or for commerce, or importing, such articles, whenever the Secretary deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the

  21. Section 300.2 - FSIS responsibilities

    9 C.F.R. § 300.2   Cited 9 times

    (a)Delegations of authority. The Secretary of Agriculture and Under Secretary for Food Safety have delegated to the Administrator of the Food Safety and Inspection Service the responsibility for exercising the functions of the Secretary of Agriculture under various statutes (see 7 CFR 2.7 , 2.18 , and 2.53 ) . (b)Implementing regulations. This chapter of title 9 of the Code of Federal Regulations (9 CFR chapter III) includes, in addition to administrative rules, rules and regulations that implement

  22. Section 381.1 - Definitions

    9 C.F.R. § 381.1   Cited 5 times   3 Legal Analyses

    (a) For the purposes of the regulations in this part, unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa. (b) For the purposes of such regulations, unless otherwise required by the context, the following terms shall be construed, respectively, to mean: Acceptable. "Acceptable" means suitable for the purpose intended and acceptable to the Administrator. Act. "Act" means the Poultry Products

  23. Section 381.155 - General

    9 C.F.R. § 381.155   Cited 1 times

    (a)Authorization to establish specifications. (1) The Administrator is authorized to establish specifications or definitions and standards of identity or composition, covering the principal constituents of any poultry product with respect to which a specified name of the product or other labeling terminology may be used, whenever he determines such action is necessary to prevent sale of the product under false or misleading labeling. Further, the Administrator is authorized to prescribe definitions

  24. Section 300.4 - Organizational terminology; personnel

    9 C.F.R. § 300.4

    (a) Unless otherwise specifically provided or required in the context of a particular part of the regulations: Administrator means the Administrator of the Food Safety and Inspection Service or any other officer or employee of the Department to whom authority has been or may in the future be delegated to act in his or her stead. Circuit Supervisor means the official of the Inspection Service who is assigned responsibility for supervising the conduct of inspection at a specific group of official establishments

  25. Section 381.195 - Definitions; requirements for importation into the United States

    9 C.F.R. § 381.195

    (a) When used in this part, the following terms are defined to mean: (1)Import (imported). To bring within the territorial limits of the United States whether that arrival is accomplished by land, air, or water. (2)Offer(ed) for entry. The point at which the importer presents the imported product for reinspection. (3)Entry (entered). The point at which imported product offered for entry receives reinspection and is marked with the official mark of inspection, as required by § 381.204 . (b) No slaughtered

  26. Section 381.190 - Transactions in slaughtered poultry and other poultry products restricted; vehicle sanitation requirements

    9 C.F.R. § 381.190

    (a) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce or from any official establishment, any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with the regulations. (b) (1) No person shall sell, transport, offer for sale or transportation, or receive for transportation, in commerce, any slaughtered poultry or other poultry product which is capable of use as human food and is adulterated