Association des “leveurs de Canards et D’oies du Queb”c v. Bonta
Petition for certiorari denied on May 22, 2023.
Issue
(1) Whether a state may avoid express ingredient preemption under the Poultry Products Inspection Act by banning the sale of poultry products based on the only way their primary ingredient can be produced; (2) whether a state law that makes it physically impossible to produce and sell a poultry product in compliance with both state and federal law is preempted under the doctrine of impossibility preemption, or whether a state may avoid preemption under the "stop-selling" rationale this court rejected in Mutual Pharmaceutical Co. v. Bartlett; and (3) whether a state"s sales ban of wholesome poultry products based exclusively on the farming practice by which the animals were raised in other states and countries violates this court"s dormant commerce clause doctrines.
Recommended Citation: Association des “leveurs de Canards et D’oies du Queb”c v. Bonta, SCOTUSblog, https://www.scotusblog.com/cases/association-des-eleveurs-de-canards-et-doies-du-quebec-v-bonta/