Cecelia Packing Corp. v. United States Department of Agriculture/Agricultural Marketing Service

This case involves Constitutional challenges to 7 U.S.C. § 608c(12) (1988), the provision of the Agriculture Marketing Agreement Act of 1937 (“AMAA”) that requires the Secretary of Agriculture to consider the vote of a producer-cooperative association in a marketing order referendum as representing *618 the votes of all the association’s member-producers. The district court dismissed the complaint pursuant to Fed.R.Civ.P. 12(c), holding that the provision did not deprive the plaintiffs of their Constitutional rights of free speech and equal protection. The panel has jurisdiction of this timely appeal pursuant to 28 U.S.C. § 1291 (1988), and we affirm.

I

This case challenges procedures followed by the Secretary of Agriculture in conducting referenda to determine whether or not to continue certain marketing orders imposed on navel and Valencia orange producers. A preliminary discussion concerning the history of these marketing orders is required as background prior to addressing the specific issues raised in this case.

A. History of Challenged Statute

1. Marketing Orders in General

“The Agricultural Marketing Agreement Act, 7 U.S.C. § 601 et seq., authorizes the Secretary of…