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Dormant Commerce Clause Dormant Commerce Clause
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Constitutional Law
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Question
State A enacted a food-safety law requiring every wheel of cheese produced outside State A to be aged, sliced, and inspected at a facility located in State A before it may be sold to State A grocery stores. Cheese produced in State A may be sold after inspection at the farm where it was made. The state asserts that in-state inspection makes enforcement easier and protects consumers from contamination.
An out-of-state cheesemaker challenges the law under the dormant Commerce Clause. Which statement is most accurate?