Court Rules Against Rose Acre Farms in <EM>Salmonella</EM> Case

The U.S. Court of Appeals for the Federal Circuit decided against Rose Acre Farms, ruling that USDA Salmonella regulations that restricted egg sales from its farms and caused the loss of egg-laying chickens that tested positive for the presence of salmonella bacteria did not constitute a taking requiring compensation under the Fifth Amendment.

In 1992, Rose Acre Farms, Inc. filed the present action in the United States Court of Federal Claims, claiming that United States Department of Agriculture regulations that restricted egg sales from its farms and caused the loss of egg-laying chickens that tested positive for the presence of salmonella bacteria effected a taking requiring compensation under the Fifth Amendment. In 2003, the trial court held that Rose Acre was entitled to compensation for a taking of the eggs affected by the regulations as well as for hens seized for testing.

The opinion is at http://www.cafc.uscourts.gov/opinions/07-5169.pdf  

A news item from the BLT: The Blog of Legal Times is at http://legaltimes.typepad.com/blt/2009/03/federal-appeals-court-tosses-egg-companys-9m-award.html