Ideal Farms, Inc. And Franklin Lakes Dairy Producers, Inc. v. Ezra Taft Benson, Secretary of Agriculture of the United States of America

The marketing order in controversy was issued under the authority conferred upon the Secretary of Agriculture by section 8c(5) of the Agricultural Marketing Agreement Act of 1937, as amended. 7 U.S.C.A. § 608c(5). If authority for its provisions cannot be found there, then it is conceded that the order is illegal.1 That subsection begins by specifying that an order issued under its sanction shall contain only those “terms and conditions” which are specified in the detail of its text. The provision thought to be relevant here appears in subsection 8c(5) (A) and authorizes the fixing of certain…