United States Ninth Circuit

In the State of California's appeal from a preliminary injunction prohibiting the enforcement of California Penal Code section 599f, which banned the slaughter and inhumane handling of nonambulatory animals, against federally regulated swine slaughterhouses, the injunction is vacated where: 1) 21 U.S.C. section 678 preempted state regulation of the "premises, facilities and operations" of slaughterhouses, but section 599f dealt with none of these; 2) it was not physically impossible to comply with both section 599f and the Federal Meat Inspection Act; and 3) plaintiff failed to show a likelihood of irreparable injury or that the balance of the equities and the public interest tipped in its favor as to section 599f(e)'s humane handling provision.

Appellate Information

• Decided 03/31/2010
• Published 03/31/2010

Judges

Court

• United States Ninth Circuit

Counsel