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SHEARER'S DAIRIES v. PENNSYLVANIA MILK CONTROL COMMISSION. (03/24/60)

March 24, 1960

SHEARER'S DAIRIES, INC., APPELLANT,
v.
PENNSYLVANIA MILK CONTROL COMMISSION.



Appeal, No. 323, Oct. T., 1959, from order of Court of Common Pleas No. 6 of Philadelphia County, June T., 1958, No. 3531, in case of Shearer's Dairies, Inc. v. Milk Control Commission of the Commonwealth of Pennsylvania. Order affirmed.

COUNSEL

Walter Biddle Saul, with him Gerald K. Burns, M.J.S. Stoney, and Saul, Ewing, Remick & Saul, for appellant.

John Patrick McShea, Jr., Assistant Attorney General, with him Marvin D. Weintraub, Assistant Attorney General, and Anne X. Alpern, Attorney General, for Milk Control Commission, appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 191 Pa. Super. Page 575]

OPINION BY WOODSIDE, J.

This is an appeal from the order of the Court of Common Pleas No. 6 of Philadelphia affirming an order of the Milk Control Commission which suspended the appellant's milk dealer's license for violation of section 807 of the Milk Control Law of April 28, 1937, P.L. 417, as amended, 31 PS ยง 700j-807.

This section provides inter alia: "After the commission shall have fixed prices to be charged or paid for milk,... it shall be unlawful for a milk dealer... knowingly or unknowingly, or any other person knowingly, by himself or through another, to sell or deliver,

[ 191 Pa. Super. Page 576]

    or make available on consignment or otherwise,... milk at any price below the minimum price or above the maximum price applicable to the particular transaction.

"No method or device shall be lawful whereby milk is... sold or handled or delivered or made available on consignment or otherwise... at a price less than the minimum price applicable to the particular transaction, whether by any discount, premium, rebate, free service, trading stamps, advertising allowance, or extension of credit, or by a combined price for such milk, together with another commodity or a service which is less... than the aggregate of the price of the milk and the price or value of such commodity or service..."

In dealing with a violation of this section, we recently reviewed the purpose and development of milk control in Pennsylvania. We said, "The purpose of the Milk Control Law, as stated in its preamble, is to assure consumers a constant and sufficient supply of pure, wholesome milk, primarily through price regulation and control." We pointed out that although governmental price fixing and its concomitants may run counter to the philosophy of free enterprise, it has been firmly established in relation to milk for over a quarter of a century; that milk control is founded upon price control; and that to maintain an established price, it is necessary to prevent the seller from giving to the purchaser any thing of value related to the sale, which is in addition to the product and service for which the price was established. Milk Maid Dairy Products, Inc. v. Pa. Milk Control Commission, 190 Pa. Superior Ct. 410, 413-415, 154 A.2d 274 (1959).

Shearer's Dairies, Inc., hereafter referred to as Shearer, is a licensed milk dealer. It was cited by the Milk Control Commission for violating section 807, supra, of the Milk Control Law in a number of different ...


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