Five state attorneys general and Iowa Gov. Terry Branstad this week filed an appeal of a federal ruling that upheld California's egg importation law, AB 1437.
An appellants’ brief was filed Wednesday in the Ninth Circuit Court of Appeals by Attorneys General Chris Koster, Missouri; Jon Bruning, Nebraska; Scott Pruitt, Oklahoma; Luther Strange, Alabama; Jack Conway, Kentucky; and Iowa Gov. Terry Branstad, the Center for Consumer Freedom said.
AB 1437 follows Prop. 2, a ballot initiative approved by California voters in 2008 that regulated the size of egg-laying hens' housing.
To avoid any potential competitive disadvantage to California's egg producers, the California State Assembly passed the AB 1437 legislation in 2010 requiring egg producers in other states to comply with Prop. 2 in order to sell eggs in California.
Prop. 2 took effect in January, driving egg prices in California 66% higher, according to the Iowa State University Egg Industry Center.
The AGs previous complaint on the matter suggested California's regulations violate the Commerce Clause of the United States Constitution.
According to a previous statement from Missouri Attorney General Chris Koster's office, the Commerce Clause 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.
A statement from the Center for Consumer Freedom, a nonprofit interest group, said Prop. 2 forces producers outside of California to adopt the new cage standards for eggs destined for export to California.
A California farmer also has challenged Prop. 2 itself, suggesting it does not provide exact cage size requirements so farmers may ensure they are in compliance. His challenge was dismissed, and a later appeal was also dismissed earlier this year.