Opinion No. (1979)

REQUESTED BY: Dear Senator Schmit:

In your letter of February 14, 1979, you requested our opinion on the constitutionality of LB 399. We have examined the provisions of this legislation and have concluded that LB 399 violates the Commerce Clause, Article I, section 8 of the Constitution of the United States.

LB 399 basically requires the labeling and identification of any meat imported from outside the United States. Section 2 of LB 399 provides that:

". . . any person, persons, association, firm, or corporation, who knowingly sells or offers for sale any meat imported from without the…