Consolidated Milk Producers v. Parker

TRAYNOR, J. —

Three distributors of fluid milk licensed to do business in the San Francisco marketing area have contracted to sell fluid milk, at prices below those set by the Director of Agriculture, to military agencies of the United States in the Presidio. The Consolidated Milk Producers, an association of milk producers for the San Francisco area, requested the Director of Agriculture to take action to prevent these sales. They also filed a verified complaint with the director alleging that the sales violated the stabilization and marketing plan for San Francisco and requested that a hearing be held to determine whether the licenses of the offending distributors should be revoked. The director refused to take action on the ground that he had no jurisdiction to fix the

[816]

minimum price at which fluid milk might be sold within the Presidio. The Producers then petitioned this court for a writ of mandamus ordering the Director of Agriculture either t® hold a hearing upon the complaint against the distributors, or to bring an action to enjoin their violations of the marketing and stabilization plan, or to revoke or suspend their licenses for such violations, or to lodge a criminal complaint against them in accordance with the provisions of section 737.7 of the Agricultural Code, or to bring an action in accordance with the terms of the code to recover $500 for each violation, or to take such other action as may be required by law. The United States Attorney has filed a brief as

amicus curiae

on behalf of the United States in opposition to the petition for mandamus.

J

The parties agree that petitioner has sought the appropriate remedy in mandamus

(Bodinson Mfg. Co.

v.

California Employment Commission,

17 Cal. (2d) 321 [109 Pac. (2d) 935]), and that the milk control act is valid in its general application to producers and distributors in California.

(Nebbia

v.

New York,