State Ex Rel. North Carolina Milk Commission v. National Food Stores, Inc.

The act creating the Milk Commission was first before this Court in Milk Commission v. Galloway, 249 N.C. 658, 107 S.E. 2d 631, in which an order of the Commission fixing a uniform hauling charge to the producer by the processor for the transportation of milk from the farm to the processing plant was sustained. Parker, J., now C.J., speaking for the Court, said:

“The considerations which impelled the General Assembly to adopt the Act were found in its preamble on page 1323, Acts of 1953. * * * Among the facts set forth in the preamble to the Act are these: ‘Milk is a primary and necessary food…