Reference no: EM133857148

Scenario

Fact Pattern/Question:

Due to shortages in the United States milk supply, Congress passed a law governing the production and sale of milk. The law required "anyone who produced, distributed, or sold milk" to obtain a license from a federal agency, the United States Department of Agriculture (USDA), so that the agency could monitor production and sales to ensure an adequate national milk supply. The law included Congressional findings that the cumulative effect of local milk sales substantially affected interstate commerce by decreasing interstate sales in certain areas, resulting in decreased demand and distribution that ultimately affected larger areas and led to reduced supply and shortages for interstate sales. The law directed the USDA to develop a license application process and authorized the agency to impose fines for non-compliance. It also authorized the agency to seize milk supplies if necessary to address shortages.

Joanie is a small-town farmer in California who grows strawberries and has a small herd of dairy cows on her farm. She sells strawberries and milk at local farmer's markets and to a local Community Supported Agriculture (CSA) group. The USDA sent Joanie a notice that she was required to obtain a license and would be fined if she did not. Joanie ignored the letter and did not obtain a license because she felt her local sales were insufficient to require one. The USDA subsequently fined Joanie and seized her milk supply.

Discuss the commerce clause issues.

Issue statement:

Does the Commerce Clause allow Congress to regulate Joanie's local milk sales?