Department of Agriculture v. Quality Food Products, Inc.

Frankum, Justice.

The sole basic question presented by the appeal and the cross appeal in this case is whether the Commissioner of Agriculture of this State may lawfully promulgate and enforce a rule forbidding the sale within this State of so-called “filled milk” products. Purporting to act pursuant to the provisions of Ga. L. 1951, p. 444; Ga. L. 1956, p. 195; Ga. L. 1956, p. 611; Ga. L. 1961, p. 501; and Ga. L. 1965, p. 498, the Commissioner of Agriculture promulgated chapter 40-2-1 of the Rules of the Georgia Department of Agriculture respecting milk and milk products. The rule here in…