Manufacturing News

Interstate shipment lawsuit rejected by federal court

The U.S. District Court for the Southern District of Ohio has rejected a lawsuit filed by Ohio Secretary of Agriculture Fred Dailey, which claimed parts of the federal meat and poultry statutes are unconstitutional. Dailey had sued the United States Department of Agriculture (USDA) claiming the provisions in the federal statutes that prohibit the interstate shipment of state-inspected meat and poultry products violate the equal protection clause and the commerce clause of the U.S. Constitution.

The court held that the differing treatment of state and federally inspected products was rational and that it was appropriate for Congress to place a limit on the market of state inspected goods. The American Meat Institute filed a "friend of the court" brief in the case supporting USDA's position that Congress could limit the shipment of state inspected products and the restrictions were not discriminatory.

"I wasn't surprised, but I was disappointed," said Shannon McQuade, chief legal council for Dailey, who indicated at press time that her client was still debating whether or not to appeal the decision. A decision had to be made by the first week of February.

Did you enjoy this article? Click here to subscribe to Food Engineering Magazine.

You must login or register in order to post a comment.



Image Galleries

Plant of the Year 2015

Mars Chocolate was chosen as Food Engineering’s 2015 Plant of the Year. The first new Mars candy plant in North America in 35 years is not only LEED Gold certified, it’s highly automated as well.


Burns & McDonnell project manager RJ Hope and senior project engineer Justin Hamilton discuss the distinctions between Food Safety and Food Defense as well as the implications for food manufacturers of the Food Safety Modernization Act.
More Podcasts

Food Engineering

Food Engineering April 2015 Cover

2015 April

The April 2014 issue of Food Engineering features the Plant of the Year: Mars Chocolate. The first new Mars chocolate candy plant in North America in 35 years is not only LEED Gold certified, it’s highly automated as well.

Table Of Contents Subscribe

Plant Facility/Site Issues

What issue about your current plant facility/site keeps you up the most at night?
View Results Poll Archive


Food Authentication Using Bioorganic Molecules

This text provides critical tools and data needed to augment routine food analysis and enhance food safety by aiding in the detection of counterfeit, and potentially deleterious, foods.

More Products

Clear Seas Research

Clear Seas ResearchWith access to over one million professionals and more than 60 industry-specific publications,Clear Seas Research offers relevant insights from those who know your industry best. Let us customize a market research solution that exceeds your marketing goals.


FE recent tweets

facebook_40.pngtwitter_40px.pngyoutube_40px.png linkedin_40px.pngGoogle +

Food Master

Food Engineering Food Master 2015Food Master 2015 is now available!

Where the buying process begins in the food and beverage manufacturing market. 

Visit to learn more.