零散的农场监管与美国商业条款

Piecemeal Farm Regulation and the U.S. Commerce Clause

American Journal of Agricultural Economics · 2020
被引 27
人大 AABS 3

中文导读

研究了加州蛋鸡养殖限制法规对美国各地鸡蛋价格、生产方式及州际贸易的影响,发现该法规导致全美鸡蛋价格上涨、生产方式分化,并加重了州外消费者的成本负担,涉及宪法商业条款的法律问题。

Abstract

Since January 2015, California has required that all shell eggs consumed in the state be produced cage free or by hens housed in enlarged cages defined under Assembly Bill 1437. This paper assesses the effects of California farm animal housing restrictions on egg prices and production practices inside and outside California, and on the volume of interstate trade. We find that the California regulation generated short‐ and long‐run egg price increases across the U.S. It has also bifurcated production methods outside California yielding more concentrated interstate trade. The largest share of the associated private costs was borne by out‐of‐state consumers. The balance between a state's power to regulate food production within its borders and the impacts on out‐of‐state producers and consumers has potential legal implications under the dormant Commerce Clause of the U.S. Constitution.

加州鸡蛋法规州际贸易休眠商业条款鸡蛋价格