California Milk Standards Case Study

The NCBA continues to fight against the same challenges it has faced in its more than a hundred year history as well as the new challenges of today. As recently as this week, the NCBA has had trouble influencing policy in its favor. The country of origin labeling requirements in the 2014 Farm Bill were not changed to the NCBA’s liking (Farm Press). The new rules require meat products to be labeled with where the cattle was born,

In the court case Gibbons vs. Ogden (eg. Gibbons v. Ogden, 22 US 1 (1824)), the New York legislature granted a monopoly to operate steamships between New Jersey and New York. Gibbons intervened, claiming that this was going against what the commerce clause stated. Instead of focusing on whether the state could, the court focused on the issue of a state regulating commerce while Congress is also regulating it. The court decided against this by saying that pursuant to the commerce

stores, especially in border towns, lower the price of milk to that of American stores. By using

According to above laws, Mad-About-Milk organizers have a legitimate argument regarding the requirements for selling milk produced out-of-state to the state of California. Furthermore, requiring out-of-state producers who want to sell milk in California must meet the California fluid milk standards violate the interstate commerce act. It is the federal regulation of business to prevent any unfair business practices among its industry. California fluid milk standards create state trade barriers which interfere with commerce between states. Even though, California has the right to set their own standard, but they cannot ban federal standard milk from entering the state. Allowing out-of-state milk producers to sell their product in California

The central point on deciding on if a rule is part of the commerce clause is to see whether it regulates an act in an existing commercial activity. In this case the key point of contention, “Individual Mandate”, does not control a commercial activity that already exists, on the contrary “it compels individuals to become active in commerce by purchasing a product.” The power of commerce is not something used to force individual behaviors. In this case “Individual Mandate” is simply forcing individuals to enter to commerce because they have opted to refrain from it. Therefore commerce clause should be used by the congress when it is regulates existing commercial activity and when there is a connection between

This case is about whether a state law which prohibits using certain large vehicles on highways within Iowa burdens interstate commerce. The court found that “Because Iowa has imposed this burden without any significant countervailing safety interest, its statute violates the Commerce Clause” (Warner, 2012. P. 182).

A controversy arose between Ogden, who had obtained the license from Fulton and Livingston, and Gibbons, who had obtained his license through the United States government. Ogden petitioned the New York Court to “enjoin” Gibbons, his formal partner, from continuing with this business in that state. The Court favored Ogden and granted the injunction and Gibbons appealed to the Supreme Court. The Supreme Court upheld the right for Congress to have vast powers. According to the Supreme Court, Congress can regulate who can enter into a monopoly and this case made a distinction between interstate and intrastate within a state. Although the federal government has not been specifically delegated the power to regulate commerce within a certain state that does not mean that the federal government cannot regulate a states commerce. When the Commerce Clause has a broad interpretation, intrastate regulations are often included. Commerce is more than just buying or selling; it is intercoursing, which according to this case does include such stipulations as navigation. Interpreting commerce in a broad sense has thus established what is known as a Federal police power. Police powers refer to or identify the inherent authority of the state government to regulate individually liberty, freedom for health and welfare and safety. The Federal government does not have police power, but it can be seen as evidence in this case how the Federal

exclusive power of regulating interstate commerce. With the decision of this case in 1824, any

In San Bernadino in the late 1960s, almost 200 hundred children went missing in what became known as The Milk Carton Epidemic. Children weren’t allowed on the streets past sunset, but on the day of Jack Sturges birthday, him and his little brother Jim were having too much fun on their bicycles to notice the sun was slowly making its exit. When Jack raced ahead towards the Holland Transit Bridge, Jim quickly lost sight of him. From the shadow of the bridge came a sight so terrifying that Jim could only run away in fear. Black fur, horns, claws, and massive teeth chased him home that day and while he managed to survive, he never saw his older brother Jack again.

The government has put a limit on the amount of milk powder that can be purchased by Chinese who travel to Hong Kong. The People’s Daily, the official publication of the Communist Party, said in a commentary that since 2008, foreign milk powder companies had increased their prices in China by around 30 percent (Edward, 2013). Foreign milk powder has 60 percent of the market share in China compared with 30 percent before 2008, the commentary said (Edward, 2013). Since August 2008 when the enactment of the antimonopoly law the Chinese government have really been going against foreign companies for antitrust

Milk and dairy products are in great abundance throughout the state of California, and is a constant stream of revenue for the state. Therefore, the CDFA sees it fit to make sure that all of the dairy and milk that is produced locally is safe for consumption and that it will live up to a certain standard set by the department. As described in the mission statement from the CDFA, “The Milk and Dairy Food Safety Branch (MDFS) is charged with the mission and responsibility of ensuring that California's milk, milk products, and products resembling milk products are safe and wholesome, meet microbial and compositional requirements and are properly labeled.” (cdfa.org) As milk and dairy is also a big staple of interstate commerce, it must be adequately prepared even when conditions are less than ideal. A big example of this is seen when we examine the effects that the long drought has had on the crop. Some farmers from outside of the state have even tried to persuade California farmers into moving. As CNBC states in an article, "Increasingly every year, there are more states showing up at the World Ag Expo to entice California dairies to move to their states, and they're finding a receptive audience.” (Daniels) The promise of a stable water supply and the chance to be more competitive in a smaller state is apparently attractive to some farmers, and they seem to be weighing up their options. Without sufficient

Canada 's dairy sector operates under a supply management system based on planned domestic production, supervised pricing and strict controls on dairy product imports. The system was adopted for industrial milk in the early 1970s to address the unstable prices, uncertain supplies and fluctuating producers and processor revenues which were common in the 1950s and 1960s. By enforcing this system, farmers attempt to strike the most accurate balance between supply and demand of dairy products (Canadian Dairy Commission, 2010).

1. State A has sanctioned a law that says "no resident may offer blue soda pop anyplace in the state". The national government, notwithstanding, has built up the "No-Blue Sales Violation Act", preventing deeds that oppress the color shade of product sold. A nearby food seller who offers blue soda pop in vending machines is accused of damaging the state law. The food seller may challenge the state law on the premise that it is acquired by government law, and subsequently

Two issues are present in the case. The first is a decision on what research should be conducted by Manson and Associates to allow Larry Brownlow to estimate the feasibility of a Coors beer distributorship for a two-county area in Delaware. This issue is evident, even stressed, throughout the case. The second issue is a decision on whether or not the distributorship is feasible or, in other words, a go/no-go decision by Brownlow regarding his application. This issue is largely implicit in the case.

Two issues are present in the case. The first is a decision on what research should be conducted by Manson and Associates to allow Larry Brownlow to estimate the feasibility of a Coors beer distributorship for a two-county area in Delaware. This issue is evident, even stressed, throughout the case. The second issue is a decision on whether or not the distributorship is feasible or, in other words, a go/no-go decision by Brownlow regarding his application. This issue is largely implicit in the case.