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NATIONAL BROILER COUNCIL v. VOSS

Nos. 94-15676, 94-15690.

44 F.3d 740 (1994)

NATIONAL BROILER COUNCIL; American Meat Institute; Arkansas Poultry Federation, Inc., Plaintiffs-Appellees, v. Henry J. VOSS, Director, California Department of Food and Agriculture, Defendant-Appellant. NATIONAL BROILER COUNCIL; American Meat Institute; Arkansas Poultry Federation, Inc., Plaintiffs-Appellees, v. Henry J. VOSS, Director, California Department of Food and Agriculture, Defendant, and The California Poultry Industry Federation, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Randall B. Christison, Deputy Atty. Gen., Sacramento, CA, for defendant-appellant.

William A. Bradford, Hogan & Hartson, Washington, DC, Harry E. Hull, Jr., McDonough, Holland & Allen, Sacramento, CA, for plaintiffs-appellees.

Harvey I. Saferstein, Irell & Manella, Los Angeles, CA, for intervenor.

Michael S. Raab, U.S. Dept. of Justice, Washington, DC, for U.S. as amicus curiae.

Mary Ellen Fise, Washington, DC, for Consumer Federation of America as amicus curiae.

Before: GOODWIN, NORRIS and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

The State of California appeals a summary judgment declaring that the labeling provision of § 26661 of the California Food & Agricultural Code is pre-empted by the Poultry Products Inspection Act ("PPIA"), 21 U.S.C. §§ 451-470, 851 F.Supp. 1461. Section 26661(a)(2) prohibits wholesalers from using the word "fresh" on labels for poultry and poultry products...

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