Lewis Food Co. v. State of California Department of Public Health

DRAPEAU, J.

In 1949 the California Legislature added new sections to the Health and Safety Code regulating the sale of horse meat. Section 28007 so enacted, in part provides that labels on canned horse meat for dog food may not use the following terms: "Packed in gravy. ’ ’ Packed with gravy. ’ ’ “Horse meat loaf.” “Horse meat stew.”

Plaintiff brought this action in declaratory relief and for injunction, restraining the Department of Public Health of the State of California from enforcing the law. The trial court found for the state and judgment for defendant followed. From this judgment plaintiff appeals.

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From the record it appears that the legislation was enacted because of the following developments in the marketing of horse meat:

Horse meat for human consumption comes under the supervision of the United States Department of Agriculture, Meat Division. Inspection by that governmental agency is both post- and ante-mortem. It is designed to ascertain whether or not the animal had any disease which would render the flesh unfit for human consumption. The inspection is under the supervision of doctors of veterinary medicine and is similar to that required for beef for human consumption.

Horse meat not for human consumption comes under our State Department of Public Health. All that is required is that there be some semblance of sanitation. No post- or antemortem inspection is made, and no qualified doctors of veterinary medicine are employed. If there is no odor of decomposition, and no obvious evidence of filthy conditions in the slaughtering of the animals, or in the handling, packing or transportation of the horse meat, it is passed; but for consumption by animals only.

- An inspector for the Public Health Service of this state testified that there were three canned horse meat brands in the Los Angeles market, federally inspected, and for human consumption, labeled “Horse meat with gravy.” He said that due to the similarity of the wording on the labels of plaintiff’s canned horse meat, people of limited means were purchasing it, thinking it fit for human use.

On appeal plaintiff contends that it was error for the trial court to make the following findings: (a) that the use of the words “with gravy” tended to mislead the public into the belief that the dog food could be used for human consumption; (b) that plaintiff’s business would not be substantially affected by eliminating such wording from the labels; and (e) that the plaintiff was not deprived of its property contrary to due process of law. Plaintiff further contends that the statute does not bear any real or substantial relation to the object sought to be obtained, and is arbitrary, unreasonable and capricious, and, therefore, unconstitutional.