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DEPT. OF AGRICULTURE v. QUALITY FOOD

24727, 24728.

224 Ga. 585 (1968)

163 S.E.2d 704

DEPARTMENT OF AGRICULTURE v. QUALITY FOOD PRODUCTS, INC.; and vice versa.

Supreme Court of Georgia.

Decided September 24, 1968.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, G. Ernest Tidwell, Executive Assistant Attorney General, Alfred L. Evans, Jr., Larry D. Ruskaup, Assistant Attorneys General, Joel Feldman, Deputy Assistant Attorney General, A. Joseph Nardone, Jr., for appellant.

R. Larry Turner, E. Lee Redfern, for appellee.

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...

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