State Dairy Commission v. Pet, Inc.

Ness, Justice:

The State Dairy Commission of South Carolina and Consumer Advocate for South Carolina appeal the Circuit Court’s order declaring unconstitutional the Dairy Commission’s authority to regulate the price of milk paid by distributors to South Carolina producers. The Circuit Court held that the dairy industry at the producer level is not affected with the public interest, and further that the Commission’s minimum regulations impose an impermissible burden on interstate commerce and violate the Equal Protection Clauses of our State and Federal Constitutions. We agree and affirm.

This…