Fielder

The State Director of Agriculture has appealed from a judgment which ordered the issuance of a peremptory writ of mandamus remanding to the director proceedings which led to the director’s order of July 1, 1969 establishing minimum prices and a schedule of discounts for fluid milk and other milk products, commanding him to either set aside his order or certain provisions thereof relating to quantity discounts, and further commanding him, if new quantity discounts are established, to provide for discounts which are no more than those which give full effect to cost differences in respect to single deliveries of varied quantities to wholesale customers. The director contends that the provisions of section 62482 of the Agricultural Code which purport to limit quantity discounts in the manner provided in the judgment, are subject to and controlled by the director’s general power to fix prices “to conform to and effectuate the legislative declarations, purposes and intent set forth in” chapter 2 of part 3 of division 21 of the Agricultural Code, popularly known as the Milk Stabilization Act. (See § 62487.) For the reasons hereinafter set forth it is concluded that the trial…