Falfurrias Creamery Company v. City Laredo

The substantial question involved upon this appeal is whether or not the health officer of the City of Laredo has the right and duty to inspect the facilities of the Falfurrias Creamery Company and those furnishing such company with milk, before issuing a permit to the company to sell its milk and dairy products within the City of Laredo. The milk ordinance of the City of Laredo provides that such inspection shall be made and certain fees charged therefor. The creamery company contends that the payment of such fees would render the selling of milk unprofitable and uneconomical in the City of Laredo. It is urged that the portion of the Laredo milk ordinance relating to inspection, particularly when applied to appellant, is not a valid heath regulation under the police power, but, on the contrary, is an illegal attempt to create and maintain a controlled market for the benefit of local producers of milk products.