Sani-Dairy, a Division of Penn Traffic Co. v. Yeutter

OPINION OF THE COURT

Several Pennsylvania dairy farmers and a dairy cooperative 1 challenge the validity of the Secretary of Agriculture’s regulations governing the marketing of fluid milk in the New York-New Jersey milk marketing area. 2 Plaintiffs allege that the Secretary’s regulations, promulgated under the Agricultural Marketing Agreement Act of 1937, 7 U.S.C. § 601 et seq., violate 7 U.S.C. § 608c(5)(G), which states:

No marketing agreement or order applicable to milk and its products in any marketing area shall prohibit or in any maimer limit, in the ease of the products of milk, the…