Blog

Questions 28 and 29 are based on the following facts:  The S…

Questions 28 and 29 are based on the following facts:  The State of Organa has enacted an Organic Food Labeling Act, which provides that produce sold as “organic” within the state must be certified as such before it can be offered for sale. The statute further provides that such certification requires the approval of an Organa state inspector, who must have the ability to inspect all aspects of cultivation and packaging. The authority of the state inspector only extends to the borders of Organa, and not to any other state. As a result, the state inspector is precluded from inspecting farms and plants outside of the state, and Organa has effectively banned the sale of produce originating out of state. A farmer in the neighboring state of Astoria grows grapes that are used in the making of organic wine. This has required the farmer to have had soil studies of his farm performed, to refrain from the use of artificial chemicals in growing the grapes, and to provide special training to those working the farm operation. Despite these measures, the farmer has been unable to sell his grapes as organic to a vintner in the state of Organa who produces organic wines.  29. Which of the following would furnish the State of Organa with the strongest argument for upholding the constitutionality of the “Organic Food Labeling Act”?