Lyng

On February 5, 1969, plaintiff and cross-appellant Tip Top Foods, Inc., commenced this action for injunctive and declaratory relief, seeking to restrain defendants from enforcing a cease-and-desist order, and seeking to have a number of sections of the California Agricultural Code declared unconstitutional. Named as defendants were Richard Lyng, as Director of Agriculture of the State of California; R. L. Van Burén, as Chief of the Bureau of Dairy Service of the Department of Agriculture of the State of California; and P. J. Benedetti, as Regional Administrator of the Bureau of Dairy Service of the Department of Agriculture of the State of California. (Hereinafter referred to as the State.)

This action challenges the constitutionality of several sections of the Agricultural Code of the State of California, relating to regulation of “products resembling milk products.” The trial court found certain of these challenged sections to be unconstitutional, but found the remainder of the Act constitutionally valid. Both sides have appealed.

The facts are not in dispute. The plaintiff is Tip Top Foods, Inc., a manufacturer of three food products: “Sour C,” “Hi-Lo” and “Pantry…