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Constitutional Law Keyed to Chemerinsky
Florida Lime & Avocado Growers, Inc v. Paul, Director, Department of Agriculture of California
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Section 792 of California’s Agricultural Code, which gauges the maturity of avocados by oil content, prohibits the transportation or sale in California of avocados which contain “less than 8% of oil, by weight excluding the skin and seed.” In contrast, Federal marketing orders approved by the Secretary of Agriculture gauge the maturity of avocados grown in Florida by standards, which attribute no significance to the oil content. Therefore, California markets certain Florida avocados which although mature under Federal law do not satisfy California’s requirement of 8% oil. The Appellants, the Florida Lime & Avocado Growers Inc. (Appellants), challenge the California law under the Supremacy Clause of the United States Constitution (Constitution).
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