The Cost of Cutting Agricultural Output: Interpreting the Capper-Volstead Act

In Part I, this Article reviews the allegations of production-limiting agreements by cooperatives in the eggs, potatoes, mushrooms, and milk markets. Since the purpose of this Article is to offer a close reading of the Capper-Volstead Act, the Act is laid out in Part II. In Part III, an interpretation based on a textualist reading, supplemented by canons of statutory construction, point to the conclusion that Capper-Volstead does not extend to preproduction agreements to limit supply. Part IV canvasses the (slender) committee reports and (extensive) floor debates, which set forth scant discussion and conflicting statements on the question of production controls.

Finally, Part V reviews federal farm policy on supply controls to support the conclusion that Congress did not intend the Act to permit private economic actors to raise consumer prices by limiting production.