People Ex Rel. Lockyer v. Shamrock Foods Co.

Milk and milk products constitute an important source of nutrition for the people of the State of California, supplying various essential nutrients. They also amount to a substantial economic resource, since the state’s dairy industry, which is the nation’s largest, is the state’s leading agricultural enterprise. .

The cause before us involves milk, in the form commonly called whole milk, and milk products, in the forms commonly called lowfat milk and skim milk, and the interplay of the laws of the United States and those of the State of California as they apply thereto.

We granted review to resolve an issue concerning certain statutory provisions relating to whole milk, lowfat milk, and skim milk, specifically, state provisions that are more stringent and federal provisions that are less stringent.

The question is whether the more stringent state provisions alone apply or whether the less stringent federal provisions are applicable as alternatives.

The answer, as we shall explain, is that the more stringent state provisions alone apply.

I

The Federal Food, Drug, and Cosmetic Act (Act of June 25, 1938, ch. 675, § 1 et seq., 52 Stat. 1040 et seq.) was enacted by…