Babac v. Pennsylvania Milk Marketing Board

BARRY, Senior Judge.

Norbert Babac and Anne Martin Criss (Babac/Criss) appeal from an order of the Pennsylvania Milk Marketing Board (the Board) establishing minimum wholesale and retail prices for milk and certain milk products in the Western Milk Marketing Area 5, pursuant to the provisions of the Milk Marketing Law.1 Babac/Criss argue that the Board erred when setting the minimum wholesale price by using a delivery cost factor which represents only one category of dealers in the milk marketing industry. Babac/Criss also argue that the order, which does not require retailers who purchase…