229 Mass. 14 | Mass. | 1917
The issue presented in this case is the constitutionality of R. L. c. 56, §§57 and 62, as amended by St. 1910, c. 641, §§ 1 and 2. Section 57 in substance imposes a penalty upon every person who, by himself, his servant or agent, or as the servant or agent of another, sells, exchanges or delivers, or has in his possession with intent to sell or deliver milk “which is not of good standard quality,” a standard established by §§ 55 and 56 of the same chapter as amended by St. 1908, c. 643, (see now St. 1917, c. 189,) and not now questioned. Commonwealth v. Wheeler, 205 Mass. 384. Section 62, as amended, is in these words: “A producer of milk shall not be liable to prosecution for the reason that the milk produced by him is not of good standard quality unless such milk was taken upon his premises or while in his possession or under his control by an inspector of milk, by a collector of samples of milk, or by an agent of the dairy bureau or of the State board of health, and a sealed sample thereof was given to him, nor unless he shall fail to bring the milk produced by him to the legal standard for milk solids and milk fat within twenty days after written notice has been sent from the officer taking said sample that it is below said standard. At any time after the said period of twenty days allowed the producer to bring his milk to the legal standard has elapsed the officer taking the first sample may take a second sample, and if it shall be found to be below the legal standard for milk solids and milk fat prosecution may follow.”
This statute is assailed as being arbitrarily discriminatory in favor of the producer of milk and against the seller who is not a producer, and as making an unfair and unreasonable classification, and as being violative of rights secured by the Constitution of the United States. So far as the Federal Constitution is concerned, these contentions of the defendant seem to us to be disposed of adversely by the decision of St. John v. New York, 201 U. S. 633. The statute of New York there under consideration prohibited under penalty the sale of “adulterated milk,” a term so defined as to include not only milk to which foreign matter had been added or from which cream had been removed, but also milk in its natural and pure state deficient in certain percentages of
The statute is not in contravention of any provision of the Con- • stitution of this Commonwealth. The statute is designed to protect and promote the public health. Under present conditions of life milk is an essential article of food in almost universal use. Any statute rationally adapted to the end of securing its purity, preserving unimpaired its natural qualities, and securing it from adulteration, plainly is within the power of the Legislature. It was said in Commonwealth v. Graustein & Co. 209 Mass. 38, 42, that “The history of the milk legislation in this Commonwealth shows conclusively the determination of the law making power to protect the community from adulterated or impure milk.” The intent of the vendor has been made immaterial. The main object being to shield the public from an imposition in guise of a fluid which may look like pure milk and yet be either adulterated or skimmed, an imposition difficult of detection, necessarily there must exist a wide discretion in the selection of appropriate means. It would be comparatively simple to ascertain whether the quality of milk offered for sale by the farmer, either at his door or at wholesale or retail delivery, was that produced naturally by his herd. It would be difficult commonly to find out whether the milk offered for sale, especially in cities, by dealers who were not producers, was of the natural quality given by the cows from which it had come. This and perhaps other conditions may have been within the knowledge of the Legislature in deciding that, in order to protect the public from imposition and the consequent possibility of sickness, a classification of vendors of milk into those who were producers and those who simply were dealers was necessary, or at least wise. When the statute is considered in its application to two vendors of milk selling in competition side by side, one a producer and the other a dealer who is not a producer, it has an appearance of inequality. See O’Keeffe v. Somerville, 190 Mass. 110, 113; Gleason v. McKay, 134 Mass. 419; Opinion of the Justices, 196 Mass. 603, 627. This appearance is strengthened by the sugges
The employers’ liability act and the workmen’s compensation act each has exempted farmers from its operation and has not been regarded as thereby rendered unconstitutional. Opinion of the Justices, 209 Mass. 607, 610. Young v. Duncan, 218 Mass. 346, 353. Rowley v. Ellis, 197 Mass. 391.
The classification made by the statute here assailed bears a reasonable relation to the accomplishment of a lawful purpose and is not a mere arbitrary choice or preference. It falls within the principle of numerous of our decisions. J. P. Squire & Co. v. Tellier, 185 Mass. 18, 21. Mutual Loan Co. v. Martell, 200 Mass. 482, affirmed 222 U. S. 225. Dewey v. Richardson, 206 Mass. 430. Commonwealth v. Danziger, 176 Mass. 290. Rideout v. Knox, 148 Mass. 368. Commonwealth v. Beaulieu, 213 Mass. 138. Commonwealth v. Libbey, 216 Mass. 356, 358. Bogni v. Perotti, 224 Mass. 152, 157.
Exceptions overruled.