California milk cap.
September 14, 2020

California’s Stop QIP Doesn’t Quit

 |  By: Jim Dickrell

Stop QIP has filed another suit in Superior Court in Sacramento, Calif., asking for declaratory relief and to suspend the state’s dairy quota program.

STOP QIP is an organization made up of mostly non-quota owning dairy farmers who have argued the state’s quota program was promulgated incorrectly without a producer referendum. In July, Judge Tim Aspinwall denied the request, but California’s Secretary of Agriculture Karen Ross had the final say. She did so August 17, affirming Judge Aspinwall’s decision and denying the referendum request.

Stop QIP attorneys say they have three grounds for their challenge: First, Ross’s order disregards Stop QIP’s challenges to both the “fixed differential” and “regional quota adjustor” and its right to vole on those challenges. Second, the Recommended Decision conflates the process for authorizing the quota program with amending it or terminating it. Third, the Order fails to apply “the plain language” in quota program’s suspension procedures.

The suite was filed the last week of August. No word on when the suite will be heard. You can read the entire 232-page filing here.