44 Cited authorities

  1. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,234 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 841 times   5 Legal Analyses
    Holding State's measure preempted by federal statute that conferred on the President "discretion to exercise economic leverage . . . with an eye toward national security"
  3. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,202 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 798 times   6 Legal Analyses
    Holding that § 653(b) prevents federal preemption of state tort law and worker's compensation schemes
  5. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,159 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 581 times   4 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 1,506 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 2,067 times   9 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 2,061 times   9 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 166 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 286,734 times   129 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 83 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 453 - Definitions

    21 U.S.C. § 453   Cited 45 times   2 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”
  14. Section 457 - Labeling and container standards

    21 U.S.C. § 457   Cited 28 times   3 Legal Analyses
    Requiring federal inspectors to affix an official inspection legend on processed poultry
  15. Section 458 - Prohibited acts

    21 U.S.C. § 458   Cited 23 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

  16. Section 452 - Congressional declaration of policy

    21 U.S.C. § 452   Cited 21 times
    Providing for the inspection of poultry and poultry products to prevent misbranding and adulteration
  17. Section 463 - Rules and regulations

    21 U.S.C. § 463   Cited 7 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

  18. Section 25980 - Definitions

    Cal. Health & Saf. Code § 25980   Cited 7 times

    For purposes of this section, the following terms have the following meanings: (a) A bird includes, but is not limited to, a duck or goose. (b) Force feeding a bird means a process that causes the bird to consume more food than a typical bird of the same species would consume voluntarily. Force feeding methods include, but are not limited to, delivering feed through a tube or other device inserted into the bird's esophagus. Ca. Health and Saf. Code § 25980 Added by Stats 2004 ch 904 (SB 1520), s

  19. Section 300.2 - FSIS responsibilities

    9 C.F.R. § 300.2   Cited 6 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

  20. Section 381.1 - Definitions

    9 C.F.R. § 381.1   Cited 5 times   1 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

  21. 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

  22. 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

  23. 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

  24. 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