U.S. Supreme Court
Lehigh Valley Coop. v. United States, 370 U.S. 76 (1962)
Lehigh Valley Cooperative Farmers, Inc. v. United States
Argued January 17-18, 1962
Decided .June 4, 1962
370 U.S. 76
Under § 8c of the Agricultural Adjustment Act, as amended and reenacted by the Agricultural Marketing Agreement Act of 1937, the Secretary of Agriculture issued orders regulating the marketing of milk in the New York-New Jersey region. To protect the prices received by milk producers in that region, he included in the orders a provision in effect requiring those who buy milk elsewhere and bring it into the region for sale as fluid milk to pay to the producers who regularly supply the region a "compensatory payment" equal to the difference between the minimum price set by the Market Administrator for fluid milk and the minimum price for surplus milk in the region.
Held: this requirement is invalid because it conflicts with § 8c(5)(G) of the Act, which, as shown by its legislative history, was intended by Congress to prevent the Secretary from setting up trade barriers to the importation of milk from other production areas in the United States. Pp. 370 U. S. 77-100.
287 F.2d 726 reversed. chanrobles.com-red