Section 1808

Citation: Section 1808
Parent Document: McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction: California (state)
Effective Date: 1989-08-17
Original Source: https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

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Jersey Maid involved a broad constitutional challenge to the Milk Stabilization Act. In creating the act, the Legislature expressly declared that production and distribution of milk was "a business affected with a public interest." (13 Cal.2d at p. 626.) The declaration explained that milk was a necessary product and its availability vital to the public health and welfare. Because of "unfair, unjust, destructive and demoralizing trade practices" that constituted a "constant menace" to California's citizens and degraded *357 the quality of available milk, and because health regulations alone could not cure the problem, the Legislature explained, "it is the policy of this State to promote, foster and encourage the intelligent production and orderly marketing of commodities necessary to its citizens ... and to eliminate speculation, waste, improper marketing, unfair and destructive trade practices, and improper accounting for milk purchased from producers." (13 Cal.2d at pp. 626-627.) To this end, the Legislature enacted a detailed plan that, inter alia, allowed the Director of Agriculture to establish minimum prices for milk in order to promote quality in the industry and protect the public.

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