Automatic Canteen Co. v. Department of Agriculture

The Department of Agriculture of the State of California initiated an action whereby it was determined that the fluid milk and cream distributor’s license held by Automatic Canteen Company of America (hereinafter called Automatic Canteen) should be revoked. Automatic Canteen sought a writ of mandate and stay order from the superior court to reverse that decision and herein appeals a judgment in favor of respondent, Department of Agriculture of the State of California, its director and The Bureau of Milk Stabilization (hereinafter referred to collectively as Director.)

The trial court “exercising its independent judgment on the evidence,” held that the Director’s findings were supported by the weight of the evidence and that Automatic Canteen fails to meet the requirements and is neither qualified for nor entitled to be licensed as a distributor of fluid milk and fluid cream. The superior court further concluded as a matter of law that section 4216 of the Agricultural Code is neither too vague nor too indefinite or ambiguous to be en-forcible; that the word “establishment” as used therein includes any person not actively engaged in processing and packaging fluid milk or fluid…