Supreme Court Decision Alert - January 23, 2012

Previously published on January 23, 2012.

Keywords: Federal Meat Inspection Act, FMIA, meatpacking industry, slaughterhouse operations

Federal Meat Inspection Act - Preemption

National Meat Association v. Harris, No. 10-224 (previously discussed in the June 27, 2011 Docket Report).

The Federal Meat Inspection Act ("FMIA" or "Act") contains an express preemption provision that prohibits States from imposing requirements with respect to the "facilities and operations" of any federally inspected slaughterhouse "which are in addition to, or different than," the requirements imposed by the Act. 21 U.S.C. § 678. Today, in National Meat Association v. Harris, No. 10-224, the Supreme Court held that this provision preempts a California statute that—by making it illegal for any slaughterhouse to "receive," "hold," "butcher," or otherwise "process" nonambulatory swine (Cal. Penal Code § 599f)—effectively requires that federally inspected slaughterhouses immediately