Dean Milk Co. v. City of Madison

340 U.S. 349, 71 S. Ct. 295, 95 L. Ed. 2d 329, 95 L. Ed. 329, 1951 U.S. LEXIS 2251
CourtSupreme Court of the United States
DecidedJanuary 15, 1951
Docket258
StatusPublished
Cited by445 cases

This text of 340 U.S. 349 (Dean Milk Co. v. City of Madison) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean Milk Co. v. City of Madison, 340 U.S. 349, 71 S. Ct. 295, 95 L. Ed. 2d 329, 95 L. Ed. 329, 1951 U.S. LEXIS 2251 (1951).

Opinions

Mr. Justice Clark

delivered the opinion of the Court.

This appeal challenges the constitutional validity of two sections of an ordinance of the City of Madison, Wisconsin, regulating the sale of milk and milk products within the municipality’s jurisdiction. One section in issue makes it unlawful to sell any milk as pasteurized unless it has been processed and bottled at an approved pasteurization plant within a radius of five miles from the central square of Madison.1 Another section, which prohibits the sale of milk, or the importation, receipt or storage of milk for sale, in Madison unless from a source of supply possessing a permit issued after inspection by Madison officials, is attacked insofar as it expressly relieves municipal authorities from any duty to inspect farms [351]*351located beyond twenty-five miles from the center of the city.2

Appellant is an Illinois corporation engaged in distributing milk and milk products in Illinois and Wisconsin. It contended below, as it does here, that both the five-mile limit on pasteurization plants and the twenty-five-mile limit on sources of milk violate the Commerce Clause and the Fourteenth Amendment to the Federal Constitution. The Supreme Court of Wisconsin upheld the five-mile limit on pasteurization.3 As to the twenty-five-mile limitation the court ordered the complaint dismissed for want of a justiciable controversy. 257 Wis. 308, 43 N. W. 2d 480 (1950). This appeal, contesting both rulings, invokes the jurisdiction of this Court under 28 U. S. C. § 1257 (2).

The City of Madison is the county seat of Dane County. Within the county are some 5,600 dairy farms with total [352]*352raw milk production in excess of 600,000,000 pounds annually and more than ten times the requirements of Madison. Aside from the milk supplied to Madison, fluid milk produced in the county moves in large quantities to Chicago and more distant consuming areas, and the remainder is used in making cheese, butter and other products. At the time of trial the Madison milkshed was not of “Grade A” quality by the standards recommended by the United States Public Health Service, and no milk labeled “Grade A” was distributed in Madison.

The area defined by the ordinance with respect to milk sources encompasses practically all of Dane County and includes some 500 farms which supply milk for Madison. Within the five-mile area for pasteurization are plants of five processors, only three of which are engaged in the general wholesale and retail trade in Madison. Inspection of these farms and plants is scheduled once every thirty days and is performed by two municipal inspectors, one of whom is full-time. The courts below found that the ordinance in question promotes convenient, economical and efficient plant inspection.

Appellant purchases and gathers milk from approximately 950 farms in northern Illinois and southern Wisconsin, none being within twenty-five miles of Madison. Its pasteurization plants are located at Chemung and Huntley, Illinois, about 65 and 85 miles respectively from Madison. Appellant was denied a license to sell its products within Madison solely because its pasteurization plants were more than five miles away.

It is conceded that the milk which appellant seeks to sell in Madison is supplied from farms and processed in plants licensed and inspected by public health authorities of Chicago, and is labeled “Grade A” under the Chicago ordinance which adopts the rating standards recommended by the United States Public Health Serv[353]*353ice. Both the Chicago and Madison ordinances, though not the sections of the latter here in issue, are largely patterned after the Model Milk Ordinance of the Public Health Service. However, Madison contends and we assume that in some particulars its ordinance is more rigorous than that of Chicago.

Upon these facts we find it necessary to determine only the issue raised under the Commerce Clause, for we agree with appellant that the ordinance imposes an undue burden on interstate commerce.

This is not an instance in which an enactment falls because of federal legislation which, as a proper exercise of paramount national power over commerce, excludes measures which might otherwise be within the police power of the states. See Currin v. Wallace, 306 U. S. 1, 12-13 (1939). There is no pertinent national regulation by the Congress, and statutes enacted for the District of Columbia indicate that Congress has recognized- the appropriateness of local regulation of the sale of fluid milk. D. C. Code, 1940, §§ 33-301 et seq. It is not contended, however, that Congress has authorized the regulation before us.

Nor can there be objection to the avowed purpose of this enactment. We assume that difficulties in sanitary regulation of milk and milk products originating in remote areas may present a situation in which “upon a consideration of all the relévant facts and circumstances it appears that the matter is one which may appropriately be regulated in the interest of the safety, health and well-being of local communities . . . Parker v. Brown, 317 U. S. 341, 362-363 (1943); see H. P. Hood & Sons v. Du Mond, 336 U. S. 525, 531-532 (1949). We also assume that since Congress has not spoken to the contrary, the subject matter of the ordinance lies within the sphere of state regulation even though interstate com[354]*354merce may be affected. Milk Control Board v. Eisenberg Farm Products, 306 U. S. 346 (1939); see Baldwin v. Seelig, Inc., 294 U. S. 511, 524 (1935).

But this regulation, like the provision invalidated in Baldwin v. Seelig, Inc., supra, in practical effect excludes from distribution in Madison wholesome milk produced and pasteurized in Illinois. “The importer . . . may keep his milk or drink it, but sell it he may not.” Id., at 521. In thus erecting an economic barrier protecting a major local industry against competition from without the State, Madison plainly discriminates against interstate commerce.4 This it cannot do, even in the exercise of its unquestioned power to protect the health and safety of its people, if reasonable nondiscriminatory alternatives, adequate to conserve legitimate local interests, are available. Cf. Baldwin v. Seelig, Inc., supra, at 524; Minnesota v. Barber, 136 U. S. 313, 328 (1890). A different view, that the ordinance is valid simply because it professes to be a health measure, would mean that the Commerce Clause of itself imposes no limitations on state action other than those laid down by the Due Process Clause, save for the rare instance where a state artlessly discloses an avowed purpose to discriminate against interstate goods. Cf. H. P. Hood & Sons v. Du Mond, supra.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Quad Graphics, Inc. v. N.C. Dep't of Revenue
Supreme Court of North Carolina, 2022
Saban v. Ador
418 P.3d 1066 (Court of Appeals of Arizona, 2018)
Heffner v. Murphy
745 F.3d 56 (Third Circuit, 2014)
Janes v. Triborough Bridge & Tunnel Authority
977 F. Supp. 2d 320 (S.D. New York, 2013)
Rocky Mountain Farmers Union v. Goldstene
843 F. Supp. 2d 1071 (E.D. California, 2011)
Steel Institute v. City of New York
832 F. Supp. 2d 310 (S.D. New York, 2011)
Arnold's Wines, Inc. v. Boyle
515 F. Supp. 2d 401 (S.D. New York, 2007)
City of Los Angeles v. County of Kern
509 F. Supp. 2d 865 (C.D. California, 2007)
Harper v. PUBLIC SERVICE COM'N OF WEST VIRGINIA
416 F. Supp. 2d 456 (S.D. West Virginia, 2006)
Jones v. Gale
405 F. Supp. 2d 1066 (D. Nebraska, 2005)
Phillip Morris Inc. v. Reilly
113 F. Supp. 2d 129 (D. Massachusetts, 2000)
Gen. Motors v. CITY & CTY. OF DENVER
990 P.2d 59 (Supreme Court of Colorado, 1999)
Lett v. Paymentech, Inc.
81 F. Supp. 2d 992 (N.D. California, 1999)
American Libraries Ass'n v. Pataki
969 F. Supp. 160 (S.D. New York, 1997)
Homier Distributing Co. v. City of Albany
681 N.E.2d 390 (New York Court of Appeals, 1997)
General Motors Corp. v. Tracy
519 U.S. 278 (Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
340 U.S. 349, 71 S. Ct. 295, 95 L. Ed. 2d 329, 95 L. Ed. 329, 1951 U.S. LEXIS 2251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-milk-co-v-city-of-madison-scotus-1951.