In Re Bear

LANGDON, J.

This is a petition for a writ of

habeas corpus.

Petitioner was arrested on November 2, 1931, in Los Angeles, and charged with violation of an act (Stats. 1931, chap. 280, p. 584; 1 Leering’s Gen. Laws, 1931, Act 2214, p. 1035) providing for the inspection and certification of liquid, frozen and dried eggs, and any other egg products. At the time of his arrest he was engaged in the manufacture of a meringue powder, using such egg products imported from without the United States, and failed to comply with the provisions of the act requiring that each-package of his manufactured commodity be stamped with the information of such use of imported egg products. Petitioner alleges that the dried eggs or egg products used by him are pure and fit for human consumption and that they have been inspected by federal officials.

It is contended that the statute is unconstitutional, for the following reasons: First, because it interferes with the power of Congress over interstate and foreign commerce; second, because it is an unreasonable and arbitrary exercise of police power; and third, because the provision under which petitioner is charged is not embraced within the title of the act. None of these objections is, in our opinion, substantial.

[538]

A brief examination of the act and its purposes is necessary. It applies to all preserved egg products intended for human consumption, and not to whole eggs in the shell. It covers both domestic products and those imported from outside the United States. Its purposes are to secure satisfactory quality in such products, and to protect the consumer from fraud in their sale, either in the form of egg products or as part of another manufactured food product. It requires compliance with the pure food laws of this state if the egg products are prepared here; and if prepared in another state of the United States,' compliance with such laws of the state of origin, and a certificate of inspection from the proper authorities. With respect to egg products imported from a foreign country, additional requirements are made. They must be inspected by our state board of health, and a certificate of inspection given to the importer or consignee, for each container. This certificate must be affixed to the container so as to be plainly visible to the buyer. The container must also have stamped upon it in letters at least two inches high the name of the manufacturer and the country where the contents were produced, and retailers must sell the products in the original container, so stamped and certified. Restaurants, hotels, cafes, bakeries and confectioneries using the imported product must keep a sign, with letters at least four inches high, in a conspicuous place, reading: “frozen eggs (or dried eggs, or liquid eggs, or egg products, as the case may be) imported from without the United States used here”. Manufacturers of food products using such imported egg products must stamp on each package of their food product, in letters not less than one-quarter inch in size, a statement to the effect that the egg products used were imported. It is to these last two requirements that petitioner objects. He does not attack the inspection or certification provisions. He does attack the provisions requiring persons manufacturing, selling or serving food products, to give notice of the use of imported egg products. The questions before us are, therefore, first, whether the legislature can constitutionally make such a requirement; and second, whether the title of the act covers it.