Missouri, Nebraska, Oklahoma, Alabama, Kentucky and Iowa petitioned the U.S. Court of Appeals to reinstate their challenge of a California law on housing for egg-laying hens. The California law, which took effect on Jan. 1, says all eggs sold in the state must come from facilities that meet California’s requirement that hens have enough room to stand, turn around and fully extend their wings. The six states say California is interfering with interstate commerce and violating the Constitution by imposing its standards on other states. “The egg case is an important case,” said Missouri Attorney General Chris Koster to Brownfield Ag News. Koster has taken the lead role in the case.
A U.S. district judge dismissed the case last year on grounds the states were acting on behalf of a small number of producers rather than their citizenry, and that it was premature to claim injury when the animal welfare standards were not in effect. “The judgment should be reversed and the case remanded for further proceedings,” says the appeal by the states. It says the states will lose sales by egg farmers and that residents may have to pay more for eggs due if farmers have to modify their barns to satisfy the California law.
Text of the appeal is available here.