The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
In 1904 it was held that a New York statute prohibiting the manufacture
or sale of any adulterated food or drug, or the coloring or coating of
food whereby it is made to appear better than it really is, was not, as
applied to imported coffee, repugnant to either the commerce clause or
the Meat Inspection Act of 1890,[989] prohibiting the importation into
the United States of adulterated and unwholesome food, but as exertion
by the State of power to legislate for the protection of the health and
safety of the community and to provide against deception and fraud.[990]
And in 1912 it was held that an Indiana statute regulating the sale of
concentrated commercial feeding stuff and requiring the disclosure of
ingredients by certificate and label, and providing for inspection and
analysis, was not in conflict with the Pure Food and Drugs Act of
1906.[991] However, when Wisconsin about the same time passed an act
requiring that when certain commodities were offered for sale in that
State they should bear the label required by State law and no other, she
was informed that she could not validly apply it to articles which had
been labeled in accordance with the federal statute nor did it make any
difference that the goods in question had been removed from the
container in which they had been shipped into the State, inasmuch as
they could still be proceeded against under the act of Congress.[992]
The original package doctrine, it was added, "was not intended to limit
the right of Congress, * * *, to keep the channels of interstate
commerce free from the carriage of injurious or fraudulently branded
articles and to choose appropriate means to that end."[993] But a North
Dakota statute requiring that lard compound or substitutes, unless sold
in bulk, should be put up in pails or containers holding one, three, or
five pounds net weight, or some multiple of these numbers, was held not
to be repugnant to the Pure Food and Drugs Act.[994] On the other hand,
a decade later the Court found that the Plant Quarantine Act of 1912, as
amended in 1917,[995] had so completely occupied the field indicated by
its title that a State was left without power to prevent the importation
of plants infected by a particular disease to which the Secretary of
Agriculture's regulations did not apply.[996] Congress promptly
intervened by further amending the federal statute to permit the States
to impose quarantines in such overlooked cases.[997]
RECENT CASES SUSTAINING STATE LEGISLATION
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