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MMLU / A law in one state forbids the transportation or sale of tomatoes in the state…

Problem

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question

A law in one state forbids the transportation or sale of tomatoes in the state that have a more than 10% "genetic engineering factor." The U.S. Department of Agriculture does not use or mention genetic engineering factors in its standards for the sale and transportation of tomatoes. Tomato growers in a second state wish to ship tomatoes for sale into the first state but its tomatoes are in compliance only with the federal standards. The tomato growers' association in the second state brought an injunctive action in federal court against the agricultural department of the first state to enjoin enforcement of the genetic engineering rule on the basis of federal preemption. According to U.S. Supreme Court precedent, how will the courts decide the preemption claim?

choices

  1. There is no preemption because the first state's law does not contradict the federal law and both laws could be complied with simultaneously.
  2. The injunction will be granted because tomatoes that are in compliance with federal law never have to be approved also under a state law.
  3. When it comes to fresh produce, federal laws will always preempt state laws, and the injunction will be granted for that reason.
  4. The first state's law sets standards that interfere impermissibly with the second state's law and therefore the first state's law is preempted.

subject

professional_law

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Source and history

task_id
19b2fcf1-82cf-59e8-8745-7ae075c3bab0
task_key
all--test--19b2fcf1-82cf-59e8-8745-7ae075c3bab0
task_revision_id
1
config / split
all / test

Official source

initial import