Christensen

This is an appeal from the lower court’s judgment denying appellants’ petition for writ of mandate and declaring that the marketing order of respondent Director of Agriculture of the State of California (“Director”) is constitutional and valid as applied to appellants. The background facts may be stated as follows:

On July 31, 1972, the Northern California Dairy Association requested the Director to hold a public hearing to review the minimum wholesale and retail prices of fluid milk sold in one gallon containers in specific marketing areas. On September 27, 1972, hearing was held before the Director at which extensive documentary and oral evidence were introduced. The evidence demonstrated that while the predominant container for half gallon sales of milk was the fibre container, with regard to sales in one gallon quantities the plastic one gallon container has become widespread, to the extent that those distributors who were not dealing in sales of plastic gallons would soon be forced to so deal. The evidence introduced at the hearing likewise proved that the cost of the plastic one gallon container was considerably higher than the comparable price of two half gallon…