Meat&Poultry - June 2012 - 19

challenged by the National Meat Association, based in Oakland, Calif. and has many members in the Golden State, on the grounds the state statute was overstepping the provisions of the FMIA. B ec ause of he a lt h problem s caused by meat in this country before a meat inspection program was established 106 years ago, it was decided a strong federal program, with identical standards in all areas of the US, would be the best protection for the health of consumers.

Interestingly, the US Court of Appeals for the Ninth Circuit, which had upheld the new California law, and whose decision was overturned by the Supreme Court, had ruled the California statute isn’t preempted by Federal law because it regulates only “the kind of animal that may be slaughtered,” and not the inspection or slaughtering process itself. But in the Supreme Court ruling, Justice Elena Kagan said, “Requirements within the scope of this [Federal Meat Inspection Act], which are in addition to, or different than those made under this [Act], may not be imposed by any State.” “NMA went to court to protect the important work USDA does in overseeing meat inspection in the US,” NMA says. “Federal preemption insures a clear and uniform standard nationwide.” So, the Federal Meat Inspection Act has been upheld as the ruling meat inspection law in the US, and cannot be challenged by state laws that would make American meat inspection either weaker or stronger. Despite conservative complaints about supposed excesses of federal power carrying a lot of sway during this election year, industry and consumers agree the federal government needs to be at the helm when it comes to the inspection of food and food safety in the US. ■
Bernard Shire is M&P’s Washington correspondent, a contributing editor and a feature writer based in Lancaster, Pa. Shire also works as a food safety consultant and writer for Shire & Associates LLC. We would like to hear from you – to comment on this story or to request reprints, contact us by e-mail at: meatpoultry@sosland.com.

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Old rivalry
According to Jeremy Russell, spokesman with the National Meat Association, the case – National Meat Association vs. Harris – never really focused on non-ambulatory cattle anyway, but centered on the application of the “clear preemption provisions of the Federal Meat Inspection Act” – in ot her words, the federal law preempts the application of
Russell

any state meat

inspection laws confl icting with or even superceding the federal law, which was the intent of the California law. There were even claims made about “downer” cattle getting into the food supply due to the Supreme Court overturning the state law, claims NMA says just aren’t true since non-ambulatory cattle are banned by Federal law from food production

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Meat&Poultry - June 2012

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