37 A.D.2d 456 | N.Y. App. Div. | 1971
Plaintiffs are (1) trade associations representing a wide cross section of the meat packing industry throughout the United States as well as in the metropolitan New York area; (2) meat packers located both within and without the City of New York, who are subject to meat inspection pursuant to the provisions of the Wholesome Meat Act of 1967 (U. S. Code, tit. 21, § 601 et seq.); and (3) a meat packer located in the City of New York whose operations are subject to the meat inspection provisions of the Agriculture and Markets Law of New York State.
The defendants are appropriate officials of the Department of Health of the City of New York. The matter was commenced by an order to show cause and a motion for a preliminary injunction. Mr. Justice Korn, sitting in Special Term, Part I, of the 'Supreme Court of New York County, denied the motion and dismissed the complaint. The enforcement of section 91.07 (subd. [b], par. [1]) of the New York City Health Code has been stayed pending the outcome of this appeal by order of the Appellate Division entered September 23,1971.
The nature and object of the action is to seek a preliminary and permanent injunction against the enforcement of section 91.07 (subd. [b], par. [1]) of the New York City Health Code; together with a judgment declaring that section to be null and void. The gravamen of plaintiffs-appellants’ complaint is that section 91.07 (subd. [b], par. [1]) requires labeling on meat products in a manner different from and in addition to the requirements of the Wholesome Meat Act of 1967 and article 5-B of the Agriculture and Markets Law of the State of New York, as amended (L. 1962, eh. 324, § 2; L. 1968, ch. 392), and the regulations promulgated thereunder.
Special Term has determined that there has been no preemption of the field in question by the Federal Government and that New York 'State has not intervened; and Special Term not only denied petitioners ’ application for a preliminary injunction, but dismissed the complaint, We disagree and conclude that the Federal statutes have pre-empted the field, including label requirements, insofar as interstate commerce is concerned; and regulations by our local city authorities are accordingly, precluded. (See Napier v. Atlantic Coast Line, 272 U. S. 605; Bethlehem Co. v. State Bd., 330 U. S. 767.)
Accordingly, Special Term has erred in denying the injunction and dismissing the complaint. We would reverse, on the law and the facts, without costs and without disbursements, grant the preliminary injunction as requested and reinstate the complaint.
Stevens, P. J., MoGivern, Markewich and Murphy, JJ., concur.
Order and judgment (one paper), Supreme Court, New York County, entered on August 31,1971, unanimously reversed, on the law and the facts, without costs and without disbursements, and vacated, the motion granted and the complaint reinstated.