Attorney General's News Release

April 12, 2000

Nixon appeals in effort to uphold state law prohibiting discrimination by meatpackers in prices paid to farmers

Jefferson City, Mo. — Attorney General Jay Nixon today filed a notice with the United States 8th Circuit Court of Appeals, informing that court that he would be appealing a federal district court decision that struck down Missouri's Livestock Price Discrimination Law as being unconstitutional.

On March 24, Judge Scott O. Wright ruled in favor of a plaintiffs' group that included feedlot operators, the American Meat Institute and the Missouri Cattlemen's Association which sued the Attorney General and the director of the Missouri Department of Agriculture over the state law that was enacted in 1999. The plaintiffs obtained a temporary restraining order last August that has prevented the state from enforcing the law.

Nixon said that the law, sponsored by Sen. Joe Maxwell of Mexico, would have required meatpackers to pay the same price for the same quality animal, regardless of who the seller is.

"This law would have leveled the playing field for small farmers, who we believe are often paid less than larger agricultural concerns for the same quality animal," Nixon said. "The concentration of agriculture over the past few years into the hands of fewer but much larger producers and packers has helped tighten the squeeze on Missouri's family farmers. This law was a reasonable attempt to eliminate pricing discrimination that has hurt those family farmers."

The federal district court ruled that the Livestock Price Discrimination Law violated the Commerce Clause of the U.S. Constitution. Nixon said he will ask the federal appeals court to overturn that decision and lift the temporary restraining order, in order that the state might begin enforcing the law to protect family farmers.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818