Panno v. United States. Evans Bros. Packing Co. v. United States

The appellants in each of these cases were found guilty under informations charging them with violation of the Agricultural Marketing Agreement Act of 1937, 7 U.S.C.A. § 601 et seq. The information charged that the defendants violated the Act by handling oranges without a prorate allotment and without reporting information respecting certain sales, as required by Order No. 66 which had been issued by the Secretary of Agriculture pursuant to the provisions of the Act.

The facts, which were stipulated, were that the “handling” consisted of sales of oranges both produced and sold in California. The Act authorizes the -Secretary to issue orders regulating the handling of certain commodities including oranges. Such regulation is to control “only such handling of such agricultural commodity, or product thereof, as is in the current of interstate or foreign commerce, or which directly bur dens, obstructs, or affects interstate or foreign commerce in such commodity or prod uct thereof.” (Emphasis added.) The Act provides that the Secretary shall give notice and an opportunity to he heard upon such a proposed order and after such notice and hearing, if he finds that the issuance of the…