Kentucky Milk Marketing & Anti-Monopoly Commission v. Borden Co.

OSBORNE, Judge.

This is a declaratory judgment action instituted for the purpose of testing the constitutionality of KRS 260.675 to 260.- 760, commonly referred to as the Kentucky Milk Act. The action also seeks to enjoin the Milk Marketing Commission, which is created by the Act, from enforcing its administrative regulations on the grounds that the Act is unconstitutional, thereby rendering the regulations invalid. It is also alleged that even if the Act were constitutional, the regulations are vague and in excess of the delegated power.

The original action was filed on July 23, 1963, by Cedar…