Associated Dairy Products Co. v. Page

PHELPS, Justice.

This is an appeal from a declaratory judgment of the Superior Court of Cochise County involving the validity of an ordinance enacted by the board of supervisors of said county designated as a “Public Health Service Milk Ordinance.” The question presented for the determination of the court is: Did the board of supervisors have the authority under the law to enact said ordinance?

The facts in the case are that the board of supervisors enacted said ordinance on August 4, 1947, the purpose clause thereof being as follows: “An ordinance defining ‘milk’ and certain ‘milk products’,…