Florida Lime & Avocado Growers, Inc. v. Paul, Director Department Of Agriculture Of California

373 U.S. 132 (1963)

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Nature of the Case

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Facts

The California's Agricultural Code prohibits the transportation or sale in California of avocados which contain 'less than 8 percent of oil, by weight . . .excluding the skin and seed. 'Federal marketing orders approved by the Secretary of Agriculture gauge the maturity of avocados grown in Florida by standards which attribute no significance to oil content. Appellants brought this action to enjoin the enforcement of California against Florida avocados certified as mature under the federal regulations. Appellants claimed that under the Supremacy Clause, Art. VI, the California standard is displaced by the federal that the application of the California statute denied appellants Equal Protection and its application unreasonably burdened or discriminated against interstate marketing in violation of the Commerce Clause. A three-judge panel dismissed the complaint. It found its ways back to the panel on appeal. After a trial, the three-judge court denied an injunction on the ground that the proofs did not establish that its application to Florida-grown avocados violated any provision of the Federal Constitution. The court observed, 'the Federal law does not cover the whole field of interstate shipment of avocados,' but, by necessary implication, leaves the regulation of certain aspects of distribution to the States. It found no violation of the Equal Protection Clause, because the statute was applicable on identical terms to Florida and California producers, and was reasonably designed to enforce a traditional and legitimate interest in the protection of California consumers. It found that the 8% oil content test served to keep off California grocers' shelves fruit which was unpalatable because prematurely picked. Further, only a very small fraction of Florida avocados of certain varieties failed to meet the California test. Both parties have appealed.