Missouri AG isn’t Playing ‘Chicken’ with California

I don’t know about you, but I LOVE eggs. I eat eggs almost every day for breakfast. Eggs are delicious and incredibly healthy. Don’t believe me, go read CaveGirl Eats’ book, “EAT THE YOLKS.” So, naturally, when I see news about eggs, I’m immediately interested.

For those of you who do not follow the goings on in the agricultural industry, you probably completely missed that little lawsuit filed by Missouri’s Attorney General Chris Koster in the beginning of February. In case you had your head up a chicken’s bum during that time and are wondering what got Koster’s feathers ruffled to begin with, let me illuminate.

Very simply, Koster filed a Federal suit against California over chicken coops. I know, you must think I’m joking, but I assure you, I am not. In 2008, California voters approved Proposition 2; a ballot initiative that required all California farmers to provide larger enclosures to egg laying hens. California farmers became concerned that the new regulations would increase their costs, and put them at a competitive disadvantage with other egg farms across the country, as those farmers were not beholden to California’s more strict caging requirements. in 2010, as a result of the growing concern, the state legislature passed a measure requiring out of state producers to comply with California’s rules.

Are you following this so far? California gets pressure from various animal rights groups (most notably the Humane Society) to treat egg laying hens (and other farm animals) more ethically. California enacts law to require bigger cages. Farmers worry, because bigger cages means larger operating costs for farmers. That cost necessarily gets passed on to consumers when they buy their eggs. Those more expensive eggs get sold at the store next to cheap eggs from a different state where the California regulations do not exist. You (consumer) look at a dozen eggs for $6 or a dozen for $4, and more often than not, you will buy the cheaper eggs. So, to keep the playing field “fair,” (and of COURSE to promote public health and safety) California says anyone selling eggs in our state has to comply with our regulations. The caging requirements go into affect in 2015 for California farmers, with all out of state farmers to follow suit by the end of that year.

Naturally, this really boiled Missouri’s egg. While Missouri doesn’t even rank in the top 10 egg producing states in the country, it does send approximately 540 million of its 1.7 billion eggs to the California market. However, this situation does beg the question as to why Missouri, is stepping up to the plate to bring this lawsuit against California?

AG Koster stated that it is his job to fight against out of state “legislation that imposes new requirements or limits on  Missouri businesses.” He goes on to state that requiring egg farmers to comply with California larger coop requirements is a violation of the Constitution’s Commerce Clause, which prohibits any state from enacting legislation that regulates  conduct wholly outside its borders, protects its own citizens from out-of-state  competition, or places undue burdens on interstate commerce. Not to mention, it will cause Missouri farmers to suffer increased costs just to do business with California.

Is this really about the constitutionality of California’s regulation, or is there perhaps something else going on? At the end of the day, egg farmers are running businesses. And nobody understands the agricultural business better than BigAgra (think companies like Monsanto).

Previously included in the recently passed Farm Bill (you know, the one that slashed SNAP benefits by billions of dollars), was an amendment backed by BigAgra interests known as the King Amendment (named after and authored by noted racist Iowa Republican, Steve King). The King Amendment purported to  “prohibit states from enacting laws that place conditions on the means of production for agricultural goods that are sold within its own borders, but are produced in other states.” Uh, I don’t know about you, but that looks quite obviously aimed at a particular California law. Thankfully, the King Amendment was dropped from the Farm Bill, but it begs the question: Why didn’t Iowa bring the suit against California? After all, Iowa is the largest producer of eggs in the country, and appears to have a much larger vested interest in seeing the California legislation defeated.

This takes me back to BigAgra and Big Agribusiness. Clearly, BigAgra and Big Agribusiness have a HUGE interest in keeping costs low and regulation at a minimum. This leads me to believe that the lawsuit filed by Missouri may be an attempt to get into the good graces of these giant conglomerates. Hello! Monsanto’s headquarters are in Missouri. Obviously, the companies that make up BigAgra do not want to change their business practices, if it ultimately means a loss in profits. Forget that the chickens cannot even stand up and turn around! Profits, people! It will be interesting to see how this lawsuit turns out. I imagine it could eventually be a measuring stick for future lawsuits to come regarding state attempts at exercising food safety and agricultural regulations across the country.