Milk Control Board v. Eisenberg Farm Products, 306 U.S. 346 (1939)

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Milk Control Board v. Eisenberg Farm Products

No. 426

Argued February 8, 1939
Decided February 27, 1939
306 U.S. 346

CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA

Syllabus

A state statute regulating the milk industry, which requires dealers to obtain licenses; to file bonds conditioned on payment of purchases from producers, and to pay producers at least the minimum prices prescribed by an administrative agency held not violative of the commerce clause of the Federal Constitution, as applied to a dealer who, at a receiving station maintained by him within the State, purchases milk from neighboring farms, all of which he ships to another State for sale. P. 352.

The obvious purpose of the Act was to control a domestic situation in the interest of the producers and consumers within the State. Because of the comparatively small amount of the State’s total milk production which was exported, the effect of the Act on interstate commerce was incidental. In the absence of regulation by Congress, the Act did not constitute a prohibited burden on interstate commerce.

332 Pa. 34, 200 A. 854, reversed.

Certiorari, 305 U.S. 589, to review the affirmance of a decree dismissing a bill to enforce compliance with a state milk control law.