PRESS RELEASE
Sept. 17, 2009
CONTACT: Becky Ceartas, RAFI, (919) 621-8453
Gilles Stockton, WORC (406) 428-2183
Kevin Dowling, WORC, (406) 252-9672
download a printable copy (MS Word)
COALITION FILES BRIEF TO PROTECT FAIR LIVESTOCK AND POULTRY MARKETS
An unprecedented coalition of over 50 farmer, rancher, and consumer groups filed a friend of the court brief today in a lawsuit to fully protect the rights of farmers, ranchers, and poultry growers from unfair and deceptive practices by livestock and poultry processing companies.
At issue in this case – Wheeler v. Pilgrim’s Pride – is the Packers and Stockyards Act, which Congress enacted over 80 years ago to protect farmers and ranchers from deceptive and egregious conduct.
Some recent court decisions have required that any plaintiff under the PSA must demonstrate “an adverse effect on competition.” The brief argues that these decisions are contrary to the explicit language of the statute and Congressional intent.
Fifty-four organizations, representing poultry growers, farmers, ranchers, people of faith, rural communities, and consumers, signed onto the brief in the case.
Mike Weaver, President of the Contract Poultry Growers Association of the Virginias, said, “The Packers and Stockyards Act is the most important law to protect me and my fellow growers from abusive practices by the companies that we raise chickens for. This law provides the U.S. Department of Agriculture with the regulations to oversee the industry to make sure that they are not cheating farmers.”
In July, a three-judge panel of the U.S. Fifth Circuit Court of Appeals, based in New Orleans, La., upheld a district court decision in Wheeler v. Pilgrim’s Pride. The decision stated that producers do not have to prove an adverse effect on competition when bringing a case against allegedly unfair or deceptive practices by a poultry company or meatpacker. The Fifth Circuit decided to rehear that decision and the case will be argued on Sept. 24, 2009.
The PSA prohibits livestock, pork, and poultry companies from engaging in “any unfair, unjustly discriminatory, or deceptive practice or device.” The plain language of the act prohibits “any” such practice.
However, some courts have interpreted that in order to show a violation a plaintiff must demonstrate that the practice had an adverse effect on competition. This requirement, used by some courts, is inconsistent with the law and Congressional intent, according to the brief.
“Even though the Packers and Stockyards Act has not been enforced as it was intended, it’s the only protection ranchers have from monopoly exploitation,” said Gilles Stockton, a rancher from Grass Range, Mont., with the Western Organization of Resource Councils, a network of western agriculture and conservation groups. “We have to defend it every chance we get. It should be implemented as it was written, in plain language, and intended.”
A copy of the brief is available upon request by calling the Rural Advancement Foundation International-USA at (919) 542-1396. Read it online here.
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RAFI is a nonprofit based in Pittsboro, NC that cultivates markets, policies and communities that support thriving, socially just and environmentally sound family farms. Visit www.rafiusa.org for more information.
The Western Organization of Resource Councils is a network of conservation and family agriculture organizations in Colorado, Idaho, Montana, North Dakota, Oregon, South Dakota, and Wyoming. Visit www.worc.org for more information.
ORGANIZATIONS THAT SIGNED THE BRIEF OF AMICUS CURIAE
Alabama Contract Poultry Growers Association
American Agriculture Movement
California Farmers Union
Campaign for Contract Agriculture Reform
Campaign for Family Farms and the Environment
Cattle Producers of Washington
Center for Rural Affairs
Contract Poultry Growers Association of the Virginias
Dakota Resource Council
Family Farm Defenders
Farm and Ranch Freedom Alliance
Food and Water Watch
GrassWorks Inc
Idaho Rural Council
Illinois Farmers Union
Independent Cattlemen of Nebraska
Independent Cattlemen of Wyoming
Indiana Farmers Union
Institute for Agriculture and Trade Policy
Iowa Citizens for Community Improvement
Iowa Farmers Union
Kansas Cattlemen’s Association
Kansas Farmers Union
Land Stewardship Project
Michigan Farmers Union
Minnesota Farmers Union
Mississippi Livestock Markets Association
Missouri Rural Crisis Center
Montana Farmers Union
National Catholic Rural Life Conference
National Family Farm Coalition
National Farmers Union
National Latino Farmers and Ranchers Trade Association
National Sustainable Agriculture Coalition
Nebraska Farmers Union
New England Farmers Union
New Mexico Cattle Growers' Association
North Carolina Contract Poultry Growers Association
North Dakota Farmers Union
Ohio Farmers Union
Oregon Livestock Producers Association
Organic Consumers Association
Organization for Competitive Markets
Pennsylvania Farmers Union
Powder River Basin Resource Council
R-CALF USA
Rocky Mountain Farmers Union
Rural Advancement Foundation International- USA (RAFI-USA)
South Dakota Farmers Union
South Dakota Stockgrowers Association
Texas Farmers Union
Virginia Association for Biological Farming
Western Organization of Resource Councils
Wisconsin Farmers Union
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