People Ex Rel. Ross v. Raisin Valley Farms LLC

We conclude here that while the California Marketing Act of 1937 (the CMA; Food & Agr. Code, § 58601 et seq.) may have its roots in the Great Depression, it also has branches that extend to the contemporary world of agriculture.

This case involves the raisin industry. One of the CMA’s requirements is that the Secretary of the Department of Food and Agriculture (the Secretary; the Department), in adopting a marketing order for industry advertising or research, must find that the order “will tend to effectuate the declared purposes and policies of [the CMA].” (§ 58813, subd. (b).) The trial court (1) concluded that this requirement could be met only if “the [o]rder was necessary to address adverse economic conditions in the raisin-growing industry that were so severe as to threaten the continued viability of the industry”; (2) invalidated the advertising and research marketing order challenged here because there was insufficient evidence showing such economic conditions; and (3) found, on these same grounds, that the Department improperly exercised the police power in adopting the marketing order.

We find the trial court’s interpretation of this requirement of the CMA,…