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NATIONAL BROILER COUNCIL v. VOSS

Civ. No. S-93-1882 DFL JFM.

851 F.Supp. 1461 (1994)

NATIONAL BROILER COUNCIL, et al., Plaintiffs, v. Henry J. VOSS, Director, California Department of Food and Agriculture, Defendant, and California Poultry Industry Federation, Intervenor.

United States District Court, E.D. California.

April 8, 1994.

Attorney(s) appearing for the Case

Harry E. Hull, Jr., McDonough, Holland & Allen, Sacramento, CA and William A. Bradford, Jr., Pro Hac Vice, Hogan & Hartson, Washington, DC, for plaintiffs Nat. Broiler Council, American Meat Institute, and Arkansas Poultry Federation.

Randall B. Christison, Atty. Gen., San Diego, CA, for defendant Henry Voss, Director, California Dept. of Food and Agriculture.

Brian Pass, Irell & Manella, Los Angeles, CA, for intervenor California Poultry Industry Federation.

MEMORANDUM OF DECISION AND ORDER

LEVI, District Judge.

Subdivision 26661 of the California Food and Agricultural Code (the "California Act" or the "Act") restricts the use by wholesalers of the term "fresh" on poultry product labels to poultry that has been stored at temperatures above 25 degrees.1 The Act became effective on January 1, 1994.

Plaintiffs are three poultry and meat trade associations. Some of plaintiffs...

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