Wheeler v. Pilgrim’s Pride Brief Filed

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

-END SIGN-ON LIST-