CONSTITUTIONAL LAW-DELEGATION OF LEGISLATIVE POWER - UTAH MILK CONTROL ACT

Authors

Edward S. Biggar, University of Michigan Law SchoolFollow

Abstract

The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant to the provisions of this act, an order was issued purporting to regulate the Salt Lake milk marketing area. Plaintiffs, having refused to comply with the terms of the order and being threatened with the revocation of their licenses as distributors, applied for a writ of prohibition against the board. Held, that the statute was unconstitutional as an improper delegation of legislative power. Ordered that a permanent writ of prohibition be issued. Rowell v. State Board of Agriculture, (Utah, 1940) 99 P. (2d) 1.

Recommended Citation

Edward S. Biggar, CONSTITUTIONAL LAW-DELEGATION OF LEGISLATIVE POWER - UTAH MILK CONTROL ACT, 39 Mich. L. Rev. 313 (1940).
Available at: https://repository.law.umich.edu/mlr/vol39/iss2/12