Wisconsin Ass'n of Food Dealers v. City of Madison

This is an action for declaratory and injunctive relief to have sec. 23.44(2) of the Madison General Ordinances declared invalid and to enjoin the city from enforcing the ordinance. The ordinance re quires retail outlets in the city selling milk in nonrefillable containers equal to or greater than one gallon, also to offer for sale milk in returnable containers in “sufficient quantities.” A forfeiture of not more than $200 attends each violation.

The plaintiffs-appellants consist of wholesale producers of milk products, retail marketers of milk within the city and trade associations…