Issue link: https://www.epageflip.net/i/214746
Thursday, November 21, 2013 – Daily News Farm bill takes aim at state animal welfare laws WASHINGTON (AP) — The future of state laws that regulate everything from the size of a hen's cage to the safe consumption of Gulf oysters may be at stake as farm bill negotiators work to resolve a long-simmering fight between agriculture and animal welfare interests. The House Agriculture Committee added language to its version of the farm bill earlier this year that says a state cannot impose certain production standards on agricultural products sold in interstate commerce. The provision, authored by Rep. Steve King, RIowa, is aimed at a California law that will require all eggs sold in the state to come from hens that inhabit cages in which they can spread their wings — a major burden for egg producers in Iowa and other states who don't use large cages and still want to sell eggs to the lucrative California market. The law goes into effect in 2015. ''Bottom line of it is no state should be allowed to regulate production in other states,'' King said at a meeting of House-Senate negotiators last month. But opponents say that depending on how the language is interpreted, the provision could lead to challenges of dozens of other state laws — including some aimed at food safety, fire safety and basic consumer protections. Concern over King's language has the potential to threaten the entire farm bill, which congressional leaders are hoping to finish by the end of the year. Sen. Debbie Stabenow, D-Mich., chairwoman of the Senate Agriculture Committee, said she has ''great concern'' about King's language, which is not in the Senate version of the farm bill. Led by the Humane Society of the United States, a wide range of groups including the National Association of State Legislatures, the National Fraternal Order of Police and the Consumer Federation of America are all lobbying against the measure. King's language cites the Commerce Clause of the Constitution, which prohibits discrimination against interstate commerce. He says California's law does just that — imposes its own standards on how producers in Iowa and elsewhere do their business. Concern about other laws that could be affected is just a ploy by animal rights activists — or, as he calls them, the ''vegan lobby'' — to discredit his provision, King said. King said he believes the provision is written narrowly enough so that the other laws would not be affected. As written, the provision would allow states to regulate their own businesses but would prevent states from imposing ''a standard or condition on the production or manufacture of any agricultural product sold'' if the product is manufactured out of state and those standards go beyond federal law and the law of the state in which it is produced. Still, some groups worry the language is not specific enough and could apply broadly: — Fire safety groups say the language potentially could apply to fire-safe cigarettes that have a reduced propensity to burn when left unattended. Because tobacco is an agricultural product, they worry that state laws requiring sale of these fire-safe cigarettes could be affected if challenged in court. — Food safety groups say they are concerned that King's amendment could threaten laws like California's statute requiring that oysters from the Gulf of Mexico be pasteurized, a measure that has helped reduce foodborne illnesses in that state. — Law enforcement groups say they worry that the language could allow for fewer standards on puppy mills. ''Animals will be at greater risk of mistreatment,'' the National Fraternal Order of Police wrote in a letter to King. — The attorneys general of Arkansas and Mississippi have written letters to Capitol Hill opposing the amendment. ''Due to the provision's vagueness and overly broad language, it is unclear exactly what impact the King amendment could have on our state's ability to enforce its own laws and to protect Arkansas businesses and consumers,'' wrote Arkansas Attorney General Dustin McDaniel, a Democrat. — The National Conference of State Legislatures says the language would ''pre-empt'' state agricultural laws designed to protect the safety and well-being of farmland, waterways, forests and people. The genesis of the amendment is a longtime fight between agriculture and the Humane Society, which has pushed states to pass animal welfare laws. In addition to egg farmers, other animal producers — particularly hog producers, many of whom use confinement crates for sows — are trying to fend off efforts by the Humane Society and other animal rights groups. King's home state of Iowa is the top pork-producing state, and some farmers worry they could lose their operations if forced to make the expensive crate changes those groups have sought. The Humane Society is aggressively lobbying against the King amendment. Wayne Pacelle, the group's president, calls the amendment ''an enterprise-level threat to the animal welfare movement.'' When writing legislation, ''you need to judge the worst-case scenarios to judge the worthiness of a proposal,'' Pacelle says of the possible impact on other laws. Though powerful agriculture groups have lined up in support, as have House Agriculture Committee leaders, the amendment has bipartisan opposition — notably from some Republicans who believe it attacks states' rights. ''Just trying to attack the Humane Society I think is very shortsighted,'' said Rep. Jeff Denham, R-Calif. ''You don't throw out the Constitution because you want to attack one certain group.'' King argues he is fighting for the right of states like Iowa to produce eggs and other products as they see fit, and to be able to sell them in a free market. He says the examples of affected laws are overblown, and would not apply because those laws don't dictate specifically how an agricultural product is to be produced. Carl Tobias, a professor at the University of Richmond School of Law, said he's not so sure, adding that the law could be ''subject to multiple interpretations.'' ''It says it's based on the Commerce Clause but I don't think that's the end of the story,'' he said. LEGAL NOTICE NOTICE OF TRUSTEE'S SALE T.S. No.: 9985-4587 TSG Order No.: 98206 A.P.N.: 101-270-281 NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED (The above statement is made pursuant to CA Civil Code Section 2923.3(c)(1). The Summary will be provided to Trustor(s) and/or vested owner(s) only, pursuant to CA Civil Code Section 2923.3(c)(2).) YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 06/26/2012. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NBS Default Services, LLC, as the duly appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Recorded 06/29/2012 as Document No.: 2012006990, of Official Records in the office of the Recorder of Tehama County, California, executed by: HARVEY S RICHARDSON, AN UNMARRIED MAN, as Trustor, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable in full at time of sale by cash, a cashier's check drawn by a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 5102 of the Financial Code and authorized to do business in this state). All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and state, and as more fully described in the above referenced Deed of Trust. Sale Date and Time: 12/02/2013 at 02:00 PM Sale Location: At the main entrance to the Tehama County Courthouse, 633 Washington Street, Red Bluff, CA 96080 The street address and other common designation, if any, of the real property described above is purported to be: 19848 ANTLER WAY, COTTONWOOD, CA 96022 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made in an "AS IS" condition, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to-wit: $158,892.63 (Estimated) as of 11/16/2013. Accrued interest and additional advances, if any, will increase this figure prior to sale. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult i h f h 5B y either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call, (714)730-2727 for information regarding the trustee's sale or visit this Internet Web site, https://www.lpsasap.com/, for information regarding the sale of this property, using the file number assigned to this case, T.S.# 9985-4587. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the internet Web site. The best way to verify postponement information is to attend the scheduled sale. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. NBS Default Services, LLC 301 E. Ocean Blvd. Suite 1720 Long Beach, CA 90802 800-766-7751 For Trustee Sale Information Log On To: https://www.lpsasap.com/ or Call: (714)730-2727. NBS Default Services, LLC, Suzanne Castle "We are attempting to collect a debt, and any information we obtain will be used for that purpose." A-4425449 Publish 11/07/2013, 11/14/2013, 11/21/2013 Professionally Designed Business Website for only $399? Details online at http://tinyurl.com/pwvymz7 or call your Daily News Account Executive (530) 527-2151 Built by Wehrenberg Design, a national digital design firm, certified by The Daily News. 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