Thursday, November 7, 2013

H.P. Hood & Sons, Inc. v. Du Mond, Commissioner of Agriculture & Markets of New York case brief

H.P. Hood & Sons, Inc. v. Du Mond, Commissioner of Agriculture & Markets of New York case brief summary
336 U.S. 525 (1949)

CASE SYNOPSIS
Petitioner milk processor sought certiorari review of the judgment of the New York Court of Appeals, which affirmed the decision of respondent New York Commissioner of Agriculture and Markets denying an extension of the milk processor's license. The milk processor contended that N.Y. Agric. & Mkts. Law § 258-c, which authorized the license requirement, violated theCommerce Clause of the United States Constitution.

CASE FACTS
The milk processor was a Massachusetts corporation that received milk in New York and shipped it to Massachusetts for processing. The New York Commissioner denied the milk processor's application for an additional receiving facility in New York.

DISCUSSION
The court held that the licensing statute, N.Y. Agric. & Mkts. Law § 258-c, as applied, violated the Commerce Clause. The court held that the statute was an attempt to protect New York's commercial interests by restricting the export of milk to milk processors in other states that competed with New York milk processors. The statute's primary purpose was not regulation with a view to safety but the prohibition of competition. The court held that § 10, 7 U.S.C.S. § 610(i), of the Agricultural Marketing Agreement Act, 7 U.S.C.S. § 601 et seq., did not authorize the unconstitutional licensing scheme. Although 7 U.S.C.S. § 610(i) authorized federal officials to confer with and enter into agreements with state authorities regarding the marketing of milk and several such agreements were in effect, no such agreement or order authorized the licensing scheme.

CONCLUSION

The judgment upholding the decision of the New York Commissioner of Agriculture and Markets was reversed, and the case remanded.

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