florida
avocado
growers
paul
argued
january
decided
may
together
paul
director
department
agriculture
california
et
al
florida
lime
avocado
growers
et
also
appeal
appellants
engaged
business
growing
packing
marketing
florida
avocados
interstate
commerce
sued
federal
district
enjoin
appellees
state
officers
california
enforcing
california
agricultural
code
prohibits
transportation
sale
california
avocados
containing
less
oil
weight
florida
avocados
certified
mature
federal
regulations
issued
federal
agricultural
marketing
agreement
act
contended
california
statute
applied
unconstitutional
supremacy
clause
must
deemed
displaced
federal
standard
determining
maturity
avocados
grown
florida
application
florida
avocados
denied
appellants
equal
protection
laws
violation
fourteenth
amendment
application
unreasonably
burdened
discriminated
interstate
marketing
florida
avocados
violation
commerce
clause
district
convened
hear
case
denied
injunction
ground
proofs
establish
application
florida
avocados
violated
provision
federal
constitution
held
section
invalid
supremacy
clause
neither
actual
conflict
two
schemes
regulation
stand
area
evidence
congressional
design
preempt
field
pp
present
record
demonstrates
inevitable
collision
two
schemes
regulation
despite
dissimilarity
standards
pp
subject
matter
california
regulation
concerned
health
safety
one
traditionally
within
scope
power
prevent
deception
consumers
retail
marketing
foodstuffs
pp
neither
terms
history
federal
agricultural
marketing
agreement
act
discloses
congressional
intent
displace
traditional
state
powers
regulate
retail
distribution
agricultural
commodities
pp
section
violate
equal
protection
clause
fourteenth
amendment
work
irrational
discrimination
persons
groups
persons
findings
district
respect
effect
upon
interstate
commerce
reviewed
substantial
uncertainty
content
record
findings
predicated
therefore
judgment
reversed
respect
case
remanded
district
new
trial
appellants
contentions
unreasonably
burdens
discriminates
interstate
commerce
florida
avocados
pp
since
appellants
showed
sufficient
injury
warrant
least
trial
allegations
district
properly
refused
dismiss
complaint
want
equity
jurisdiction
pp
isaac
ferguson
argued
cause
filed
briefs
appellants
appellees
john
fourt
deputy
attorney
general
california
argued
cause
appellees
appellants
briefs
stanley
mosk
attorney
general
lawrence
doxsee
deputy
attorney
general
william
norris
justice
brennan
delivered
opinion
section
california
agricultural
code
gauges
maturity
avocados
oil
content
prohibits
transportation
sale
california
avocados
contain
less
per
cent
oil
weight
excluding
skin
seed
contrast
federal
marketing
orders
approved
secretary
agriculture
gauge
maturity
avocados
grown
florida
standards
attribute
significance
oil
content
case
presents
question
constitutionality
california
statute
insofar
may
applied
exclude
california
markets
certain
florida
avocados
although
certified
mature
federal
regulations
uniformly
meet
california
requirement
oil
appellants
growers
handlers
avocados
florida
brought
action
district
northern
district
california
enjoin
enforcement
florida
avocados
certified
mature
federal
regulations
appellants
challenged
constitutionality
statute
three
grounds
supremacy
clause
art
vi
california
standard
must
deemed
displaced
federal
standard
determining
maturity
avocados
grown
florida
application
california
statute
avocados
denied
appellants
equal
protection
laws
violation
fourteenth
amendment
application
unreasonably
burdened
discriminated
interstate
marketing
avocados
violation
commerce
clause
art
district
initially
dismissed
complaint
supp
direct
appeal
held
florida
lime
avocado
growers
jacobsen
suit
one
presented
justiciable
controversy
tried
merits
trial
denied
injunction
enforcement
ground
proofs
establish
application
avocados
violated
provision
federal
constitution
supp
district
held
several
reasons
supremacy
clause
operate
displace
actual
conflict
existed
statute
federal
marketing
orders
neither
agricultural
act
marketing
orders
occupied
field
exclusion
state
statute
congress
ordained
federal
marketing
order
give
license
florida
producers
market
avocados
without
inspection
compliance
federal
maturity
test
rather
observed
federal
law
cover
whole
field
interstate
shipment
avocados
necessary
implication
leaves
regulation
certain
aspects
distribution
district
found
violation
equal
protection
clause
california
statute
applicable
identical
terms
florida
california
producers
reasonably
designed
enforce
traditional
legitimate
interest
state
california
protection
california
consumers
district
concluded
finally
unreasonably
burden
discriminate
interstate
commerce
avocados
oil
content
test
served
practice
keep
california
grocers
shelves
fruit
unpalatable
prematurely
picked
holding
rested
part
conclusion
mature
florida
fruit
shown
incapable
attaining
oil
content
since
small
fraction
florida
avocados
certain
varieties
fact
failed
meet
california
test
parties
brought
appeals
district
judgment
florida
growers
urge
erred
enjoining
enforcement
state
statute
avocados
california
state
officials
appeal
ground
action
dismissed
want
equity
jurisdiction
rather
upon
merits
noted
probable
jurisdiction
appeals
affirm
judgment
respect
challenged
agree
appellants
sustained
challenges
supremacy
equal
protection
clauses
however
reverse
remand
new
trial
insofar
judgment
sustains
appellants
challenge
statute
grounded
commerce
clause
hold
effect
statute
upon
interstate
commerce
determined
record
us
california
statute
enacted
like
federal
marketing
regulations
applicable
appellants
statute
sought
ensure
maturity
avocados
reaching
retail
markets
district
found
sufficient
evidence
marketing
immature
avocados
created
serious
problems
california
avocado
picked
prematurely
ripen
properly
tend
decay
shrivel
become
rubbery
unpalatable
purchase
retail
consumers
even
experienced
grocers
difficulty
distinguishing
mature
avocados
immature
physical
characteristics
alone
thus
district
concluded
marketing
immature
avocados
cheats
consumer
adversely
affects
demand
orderly
distribution
fruit
federal
marketing
regulations
adopted
pursuant
agricultural
adjustment
act
et
seq
declared
purposes
act
restore
maintain
parity
prices
benefit
producers
agricultural
commodities
ensure
stable
steady
flow
commodities
consumers
establish
maintain
minimum
standards
quality
maturity
effectuate
orderly
marketing
agricultural
commodities
public
interest
whenever
finds
promote
declared
policies
secretary
empowered
upon
notice
hearing
adopt
federal
marketing
orders
regulations
particular
growing
area
orders
thus
proposed
secretary
become
effective
approved
majority
growers
producers
concerned
proceedings
compliance
statute
fed
reg
secretary
promulgated
orders
governing
marketing
avocados
grown
south
florida
orders
established
avocado
administrative
committee
composed
entirely
south
florida
avocado
growers
handlers
cfr
committee
authority
draft
recommend
secretary
various
marketing
regulations
governing
quality
maturity
south
florida
avocados
maturity
test
south
florida
fruit
based
upon
schedule
picking
dates
sizes
weights
annually
drafted
recommended
committee
promulgated
secretary
regulations
forbid
picking
shipping
fruit
prescribed
date
although
exemption
schedule
may
granted
committee
regulations
drafted
committee
promulgated
secretary
concern
qualities
physical
characteristics
florida
avocados
besides
maturity
see
fed
reg
cfr
regulated
avocados
including
shipped
exemptions
must
inspected
compliance
certain
quality
standards
inspection
service
joint
authority
supervised
florida
departments
agriculture
almost
avocados
commercially
grown
come
either
southern
california
south
florida
varieties
chiefly
mexican
ancestry
years
contain
least
oil
content
mature
several
florida
species
contrast
west
indian
guatemalan
ancestry
west
indian
avocados
constitute
total
florida
production
may
contain
somewhat
less
oil
mature
ready
market
district
found
attain
percentage
oil
past
prime
variety
need
concern
us
case
since
district
concluded
sufficient
evidence
poor
shipping
qualities
short
retail
store
make
commercially
unprofitable
regardless
oil
test
market
variety
california
hand
florida
hybrid
guatemalan
varieties
encounter
handicaps
may
reach
maturity
attain
oil
content
district
concluded
nevertheless
unreasonably
interfere
marketability
since
species
attain
exceed
oil
content
prime
commercial
marketing
condition
california
test
scientifically
valid
applied
varieties
experts
testified
trial
disputed
whether
california
test
federal
marketing
orders
test
picking
dates
minimum
sizes
weights
accurate
gauge
maturity
avocados
adopting
calendar
test
maturity
varieties
grown
south
florida
secretary
expressly
rejected
physical
chemical
tests
insufficiently
reliable
guides
gauging
maturity
florida
fruit
consider
first
appellants
challenge
supremacy
clause
california
statute
federal
marketing
orders
embody
different
maturity
tests
clear
however
difference
poses
rather
disposes
problem
us
whether
state
may
constitutionally
reject
commodities
federal
authority
certified
marketable
depends
upon
whether
state
regulation
stands
obstacle
accomplishment
execution
full
purposes
objectives
congress
hines
davidowitz
test
hold
obstacle
neither
actual
conflict
two
schemes
regulation
stand
area
evidence
congressional
design
preempt
field
begin
putting
aside
two
suggestions
appellants
obscure
aid
solution
problem
first
suggested
federal
license
certificate
compliance
minimum
federal
standards
immunizes
licensed
commerce
inconsistent
demanding
state
regulations
suggestion
draws
support
decisions
invalidated
direct
state
interference
activities
interstate
carriers
castle
hayes
freight
lines
even
field
paramount
federal
concern
suggestion
significantly
qualified
huron
portland
cement
detroit
kelly
washington
cf
bradley
public
utilities
state
may
completely
exclude
federally
licensed
commerce
indisputable
principle
application
case
second
suggested
coexistence
federal
state
regulatory
legislation
depend
upon
whether
purposes
two
laws
parallel
divergent
one
hand
sustained
state
statutes
objectives
virtually
identical
federal
regulations
california
zook
cf
de
veau
braisted
parker
brown
hand
struck
state
statutes
respective
purposes
quite
dissimilar
first
iowa
cooperative
federal
power
test
whether
federal
state
regulations
may
operate
state
regulation
must
give
way
whether
regulations
enforced
without
impairing
federal
superintendence
field
whether
aimed
similar
different
objectives
principle
derived
decisions
federal
regulation
field
commerce
deemed
preemptive
state
regulatory
power
absence
persuasive
reasons
either
nature
regulated
subject
matter
permits
conclusion
congress
unmistakably
ordained
see
huron
portland
cement
detroit
supra
holding
federal
exclusion
state
law
inescapable
requires
inquiry
congressional
design
compliance
federal
state
regulations
physical
impossibility
one
engaged
interstate
commerce
cf
union
bridge
morgan
virginia
bibb
navajo
freight
lines
situation
example
federal
orders
forbade
picking
marketing
avocado
testing
oil
california
test
excluded
state
avocado
measuring
less
oil
content
impossibility
dual
compliance
presented
record
however
florida
avocados
hybrid
guatemalan
varieties
actually
rejected
california
test
district
indicated
florida
growers
might
avoided
rejections
leaving
fruit
trees
beyond
earliest
picking
date
permitted
federal
regulations
nothing
record
contradicts
suggestion
lack
evidentiary
support
district
finding
florida
varieties
marketed
california
attain
exceed
oil
content
prime
commercial
marketing
condition
even
though
may
mature
enough
acceptable
prior
time
reach
content
thus
present
record
demonstrates
inevitable
collision
two
schemes
regulation
despite
dissimilarity
standards
issue
head
supremacy
clause
narrowed
either
nature
subject
matter
namely
maturity
avocados
explicit
declaration
congressional
design
displace
state
regulation
require
yield
federal
marketing
orders
maturity
avocados
seems
inherently
unlikely
candidate
exclusive
federal
regulation
certainly
subject
nature
admitting
national
supervision
cf
cooley
board
port
wardens
subject
demanding
exclusive
federal
regulation
order
achieve
uniformity
vital
national
interests
cf
san
diego
building
trades
council
garmon
contrary
maturity
avocados
subject
matter
kind
traditionally
regarded
properly
within
scope
state
superintendence
specifically
supervision
readying
foodstuffs
market
always
deemed
matter
peculiarly
local
concern
many
decades
ago
example
sustained
state
prohibition
importation
artificially
colored
oleomargarine
posed
health
problem
claims
federal
preemption
burden
commerce
course
opinion
recognized
always
possessed
legitimate
interest
protection
people
fraud
deception
sale
food
products
retail
markets
within
borders
plumley
massachusetts
see
also
crossman
lurman
hygrade
provision
sherman
savage
jones
true
recently
sustained
federal
statute
broadly
regulating
production
renovated
butter
scrupulous
pointing
state
might
nevertheless
least
absence
express
contrary
command
congress
confiscate
exclude
market
processed
butter
complied
federal
processing
standards
higher
standard
demanded
state
consumers
state
regulation
purposed
affirmed
permissible
authorities
cloverleaf
butter
petterson
distinction
fundamental
one
illumines
delineates
problem
present
case
federal
regulation
means
minimum
standards
picking
processing
transportation
agricultural
commodities
however
comprehensive
purposes
regulation
may
import
displacement
state
control
distribution
retail
sale
commodities
interests
consumers
commodities
within
state
thus
florida
may
perhaps
prevent
exportation
federally
certified
fruit
superimposing
higher
maturity
standard
nothing
cloverleaf
forbids
california
regulate
marketing
congressional
regulation
one
end
stream
commerce
ipso
facto
oust
state
regulation
end
displacement
may
inferred
automatically
fact
congress
regulated
production
packing
commodities
interstate
market
mean
suggest
certain
local
regulations
may
unreasonably
arbitrarily
burden
interstate
commerce
consider
question
separately
infra
pp
concerned
whether
partial
congressional
superintendence
field
maturity
purpose
introduction
florida
fruit
stream
interstate
commerce
automatically
forecloses
regulation
maturity
another
state
interests
state
consumers
fruit
correctness
district
conclusion
regulation
well
within
scope
california
police
powers
thus
clear
conceded
california
statute
health
measure
neither
logic
precedent
invites
distinction
state
regulations
designed
keep
unhealthful
unsafe
commodities
grocer
shelves
designed
prevent
deception
consumers
see
hygrade
provision
sherman
supra
plumley
massachusetts
supra
nothing
appearing
record
us
affords
ground
departure
case
consistent
refusal
draw
distinction
since
irreconcilable
conflict
federal
regulation
requires
conclusion
displaced
turn
question
whether
congress
nevertheless
ordained
state
regulation
shall
yield
settled
mandate
governing
inquiry
deference
fact
state
regulation
kind
exercise
historic
police
powers
decree
federal
displacement
unless
clear
manifest
purpose
congress
rice
santa
fe
elevator
words
conclude
congress
legislated
ouster
california
statute
marketing
orders
absence
unambiguous
congressional
mandate
effect
search
vain
mandate
provisions
objectives
agricultural
adjustment
act
bear
little
resemblance
last
term
found
preemptive
design
campbell
hussey
federal
tobacco
inspection
act
involved
case
congress
declared
uniform
standards
classification
inspection
imperative
protection
producers
others
engaged
commerce
public
interest
therein
legislative
history
replete
references
need
uniform
official
standards
harmonize
grading
inspection
tobacco
markets
throughout
country
statute
single
set
standards
promulgated
secretary
agriculture
standards
established
official
standards
purpose
sess
nothing
language
agricultural
adjustment
act
passed
congress
next
day
discloses
similarly
comprehensive
congressional
design
one
provision
statute
intimates
purpose
make
agricultural
production
controls
monitors
retail
distribution
reference
policy
establishing
minimum
standards
quality
maturity
grading
inspection
requirements
effectuate
orderly
marketing
public
interest
language
said
without
reveal
design
federal
marketing
orders
displace
state
regulations
terms
fact
statute
purports
establish
minimum
standards
provisions
act
history
militate
even
strongly
federal
displacement
state
regulations
first
adoption
marketing
agreements
orders
authorized
secretary
determined
economic
conditions
within
particular
growing
area
require
federally
supervised
cooperation
among
growers
alleviate
conditions
moreover
relief
afforded
growers
temporary
secretary
directed
cease
exercising
powers
circumstances
described
longer
exist
sess
consistently
terms
secretary
characterized
marketing
agreements
essentially
programs
instituted
administered
farmers
involved
view
recently
elaborated
secretary
act
impose
regulations
marketing
agricultural
commodity
merely
provides
authority
industry
develop
regulations
fit
situation
solve
marketing
problems
department
agriculture
marketing
agreements
orders
rev
ed
see
also
department
agriculture
agricultural
adjustment
third
factor
strongly
suggests
congress
mandate
uniformity
marketing
order
arises
legislative
history
provisions
concerning
limited
duration
local
application
marketing
agreements
received
much
attention
house
senate
committees
reporting
bill
though
recognizing
powers
conferred
upon
secretary
novel
extensive
committees
concluded
restrictive
provisions
adequately
drawn
guard
fear
regulatory
power
broad
subject
exercise
risk
abuse
sess
sess
committee
reports
also
discussed
authorized
cooperation
administration
program
cautioned
significantly
notwithstanding
authorization
cooperation
contained
section
nothing
permit
require
federal
government
invade
field
limitations
act
constitution
forbid
federal
regulation
field
provision
indicate
contrary
anything
provision
force
cooperate
sovereignty
operates
sphere
exert
authority
conformity
rather
conflict
sess
sess
examination
operation
particular
marketing
orders
reinforces
conclusion
reach
analysis
terms
objectives
statute
regulations
show
florida
avocado
maturity
standards
drafted
year
impartial
experts
washington
even
florida
rather
south
florida
avocado
administrative
committee
consists
entirely
representatives
growers
handlers
concerned
appears
secretary
agriculture
invariably
adopted
committee
recommendations
maturity
dates
sizes
weights
thus
pattern
emerges
one
maturity
regulations
drafted
administered
locally
growers
representatives
designed
promote
orderly
competition
among
south
florida
growers
case
requires
consideration
scope
constitutional
power
congress
oust
state
regulation
maturity
intimate
view
upon
question
enough
decide
aspect
present
case
conclude
congress
attempted
oust
displace
state
powers
enact
regulations
embodied
plausible
inference
legislative
scheme
congress
contemplated
state
power
enact
regulations
remain
unimpaired
ii
turn
appellants
arguments
equal
protection
commerce
clauses
enough
dispose
equal
protection
claim
express
agreement
district
state
standard
work
irrational
discrimination
persons
groups
persons
goesaert
cleary
cf
railway
express
agency
new
york
may
well
arguably
superior
tests
maturity
devised
say
derogation
findings
district
possibility
renders
choice
made
california
either
arbitrary
devoid
rational
relationship
legitimate
regulatory
interest
whether
oil
content
test
reliable
indicator
marketability
avocados
question
courts
decide
sufficient
record
conclude
oil
content
appears
acceptable
criterion
avocado
maturity
difficult
claim
california
statute
unreasonably
burdens
discriminates
interstate
commerce
application
excluded
florida
avocados
state
although
florida
california
competitors
avocado
production
statute
passed
present
record
permits
inference
california
statute
discriminatory
objective
nevertheless
may
continued
application
regulation
florida
avocados
imposed
unconstitutional
burden
commerce
discriminated
another
state
exports
particular
commodity
state
regulations
raising
similar
problems
found
discriminatory
burdensome
notwithstanding
legitimate
state
interest
form
regulation
either
exceeded
limits
necessary
vindicate
interest
dean
milk
madison
unreasonably
favored
local
producers
expense
competitors
baldwin
seelig
state
regulation
might
also
constitute
illegitimate
attempt
control
conduct
producers
beyond
borders
california
cf
bibb
navajo
freight
lines
supra
southern
pacific
arizona
district
referred
precedents
nevertheless
concluded
california
oil
content
test
burdensome
upon
discriminatory
interstate
commerce
however
unable
review
conclusion
decide
whether
properly
applied
principles
announced
decisions
ascertain
constituted
record
conclusion
predicated
much
appellants
offered
proof
consisted
depositions
exhibits
designed
detail
rejection
florida
avocados
california
oil
content
florida
avocados
met
federal
test
might
nonetheless
excluded
california
markets
parties
assumptions
concerning
content
record
irreconcilable
conflict
appellants
argued
case
apparent
assumption
depositions
exhibits
admitted
district
appellees
hand
assumed
briefs
oral
argument
disputed
evidence
admitted
lack
consensus
altogether
understandable
light
confusion
created
district
evidentiary
rulings
appellees
objected
introduction
disputed
materials
several
grounds
trial
expressly
reserved
rulings
issue
admissibility
entry
order
merits
case
made
supplemental
ruling
evidentiary
matters
stated
disputed
exhibits
depositions
admitted
evidence
considered
offer
proof
plaintiffs
earlier
memorandum
explained
assume
arguendo
exhibits
depositions
offered
plaintiffs
admissible
intended
mean
appellants
made
case
relief
even
evidence
admitted
need
rule
admissibility
unable
determine
parties
unable
agree
whether
district
viewed
evidence
posture
thus
evidence
seem
support
injunction
ground
burden
interstate
commerce
never
formally
admitted
record
case
reverse
order
injunction
basis
evidence
effect
admit
contested
depositions
exhibits
appeal
without
ever
affording
appellees
opportunity
argue
seemingly
substantial
objections
assume
admissibility
evidence
circumstances
deny
appellees
day
disputed
part
case
trial
never
ruled
view
law
evidently
made
ruling
unnecessary
cf
byrd
blue
ridge
rural
electric
cooperative
fountain
filson
globe
liquor
san
roman
hand
affirm
district
require
us
make
equally
impermissible
assumptions
state
record
cf
florida
reasons
conclude
judgment
must
extent
appealed
reversed
case
remanded
district
new
trial
appellants
commerce
clause
contentions
intimate
view
respect
either
admissibility
probative
value
disputed
evidence
evidence
might
brought
forth
either
party
concerning
aspect
case
iii
state
officers
ground
district
dismissed
action
want
equity
rather
lack
merit
contention
insufficient
showing
injury
florida
growers
invoke
district
equity
jurisdiction
reject
contention
affirm
judgment
insofar
challenged
florida
lime
avocado
growers
jacobsen
held
florida
growers
allegations
california
officials
consistently
condemned
florida
avocados
unfit
sale
california
thus
requiring
appellants
florida
growers
prevent
destruction
complete
loss
shipments
reship
avocados
sell
evident
existing
dispute
parties
present
legal
rights
amounting
justiciable
controversy
appellants
entitled
determined
merits
view
mandate
jacobsen
therefore
district
necessarily
assumed
jurisdiction
heard
case
merits
cf
haley
even
present
ambiguous
record
think
florida
growers
demonstrated
sufficient
injury
warrant
least
trial
allegations
california
officials
briefs
conceded
florida
growers
suffered
damage
amount
reason
enforcement
statute
bar
conceded
state
objecting
growers
proffered
evidence
dispute
claim
shipments
florida
avocados
fact
rejected
california
failure
comply
oil
content
requirement
indeed
state
conceded
pleadings
trial
rejections
florida
avocados
averaged
recent
years
much
total
shipments
florida
fruit
california
concessions
corroborated
statistical
proofs
trial
thus
form
adequate
basis
entry
final
injunction
nevertheless
supplied
adequate
basis
apart
requirement
remand
district
proceeding
trial
merits
addition
clear
california
officials
continue
enforce
statute
avocados
state
answer
complaint
declared
officials
past
stand
ready
perform
duties
oath
office
acquire
knowledge
violations
agricultural
code
state
california
thus
district
pleadings
light
opinion
jacobsen
properly
heard
remanded
case
merits
err
refusing
dismiss
want
equity
jurisdiction
rely
upon
finding
fact
laintiffs
neither
suffered
threatened
irreparable
injury
finding
however
adopted
pursuant
prior
opinion
stated
laintiffs
monetary
losses
result
rejected
shipments
clearly
established
appear
two
three
thousand
dollars
read
finding
importing
district
view
whatever
harm
damage
florida
growers
might
suffered
fell
short
irreparable
injury
requisite
entry
injunction
enforcement
statute
judgment
district
reversed
cause
remanded
new
trial
limited
appellants
claim
enforcement
unreasonably
burdens
discriminates
interstate
commerce
respect
challenged
judgment
affirmed
ordered
footnotes
orders
approved
secretary
pursuant
agricultural
adjustment
act
basic
marketing
agreement
provisions
initially
adopted
substantially
present
form
amendments
agricultural
adjustment
act
stat
sections
reenacted
stat
agricultural
marketing
agreement
act
virtually
unchanged
concerning
reasons
reenactment
extent
changes
see
department
agriculture
agricultural
adjustment
evidence
record
concerning
actual
effect
california
maturity
test
upon
florida
avocados
sketchy
best
appellants
introduced
one
witness
marketing
expert
department
agriculture
testified
concerning
relative
scientific
merits
federal
california
maturity
tests
gave
testimony
concerning
actual
impact
california
regulation
upon
shipments
florida
one
appellees
witnesses
trial
made
cursory
references
fact
california
inspectors
rejected
excluded
florida
shipments
testimony
concerning
dates
quantities
rejections
motion
dismissal
accompanying
affidavit
district
appellees
presented
certain
figures
concerning
percentage
florida
avocados
failed
comply
california
regulation
years
however
neither
data
years
statistical
proof
trial
corroborate
summary
figures
see
roche
regulations
marketing
avocados
california
california
avocado
assn
yearbook
concerning
purpose
california
statute
contended
purpose
statute
ensure
certain
caloric
nutritional
value
avocados
reach
consumer
health
issue
raised
case
see
see
also
church
chace
changes
composition
california
avocados
growth
dept
agriculture
bull
hodgson
california
avocado
industry
calif
agricultural
extension
service
circular
hodges
immature
avocado
selling
illegal
pacific
rural
press
apr
discussion
particular
problems
encountered
marketing
immature
avocados
california
see
roche
supra
note
nature
avocado
ripening
process
make
difficult
expert
gauge
maturity
avocado
may
appear
satisfactory
time
purchase
may
later
fail
ripen
properly
prematurely
picked
see
ruehle
florida
avocado
industry
univ
agr
expt
stations
bull
avocado
maturity
tests
california
citrograph
roche
look
immature
avocados
california
cultivator
church
chace
supra
note
order
applicable
avocados
grown
south
florida
growing
area
california
growers
adopted
federal
marketing
order
agreement
findings
department
agriculture
contained
order
determining
terms
contained
avocado
regulations
marketing
immature
fruits
increases
consumer
resistance
materially
impairs
marketing
entire
crop
satisfactory
physical
chemical
test
determining
maturity
maturity
satisfactorily
determined
method
handling
avocados
grown
south
florida
fed
reg
year
since
secretary
issued
maturity
regulations
fixing
dates
upon
variety
florida
avocados
may
picked
shipped
see
fed
reg
section
regulations
cfr
provides
exemption
certificate
shall
granted
grower
furnishes
proof
satisfactory
committee
avocados
particular
variety
mature
prior
time
variety
may
handled
regulation
certificate
authorizes
recipient
handle
certified
fruit
sell
consign
deliver
transport
avocados
within
production
area
production
area
point
outside
thereof
cfr
see
traub
et
avocado
production
dept
agriculture
circular
occasionally
however
even
california
growers
experienced
difficulty
meeting
oil
content
requirement
sizable
shipments
destroyed
see
demand
avocados
california
cultivator
roche
look
immature
avocados
california
cultivator
california
avocado
assn
yearbook
compare
hodgson
california
avocado
industry
calif
agricultural
extension
service
circular
see
fed
reg
compare
harding
relation
maturity
quality
florida
avocados
florida
state
horticultural
society
proceedings
true
statute
involved
cloverleaf
case
provided
federal
law
intended
displace
state
laws
enacted
exercise
police
powers
stat
proviso
presumably
intended
recognize
explicitly
accommodation
federal
state
interests
congress
decisions
consistently
adhered
deference
state
regulation
rest
upon
congressional
proviso
rather
simply
considered
proposition
state
may
impose
upon
imported
foodstuffs
higher
standard
demanded
consumers
might
also
argued
california
statute
designed
test
maturity
california
avocados
bears
rational
relationship
marketability
florida
fruit
contention
seem
untenable
however
face
district
express
finding
fact
supportable
testimony
standard
requiring
minimum
oil
avocado
may
marketed
scientifically
valid
applied
hybrid
guatemalan
varieties
avocados
grown
florida
marketed
california
considerable
dispute
oil
content
florida
avocados
certified
mature
federal
regulations
see
note
infra
marketing
agreement
provisions
enacted
among
amendments
agricultural
adjustment
act
stat
amendments
accepted
congress
day
following
enactment
tobacco
inspection
act
stat
although
manager
avocado
administrative
committee
stated
deposition
neither
formally
admitted
excluded
district
secretary
occasionally
rejected
orders
recommended
committee
insisted
maturity
regulations
secretary
always
followed
committee
recommendations
significant
regard
essentially
local
nature
orders
administration
testimony
deposition
admissibility
district
rule
supervising
inspector
fruits
vegetables
federal
state
agricultural
inspection
service
south
florida
district
regulations
time
time
subject
change
direction
avocado
administrative
committee
whenever
change
biggar
manager
avocado
administrative
committee
immediately
furnishes
inspection
service
copies
effective
rules
changes
times
change
change
first
man
get
changed
regulations
see
inspectors
get
revised
regulations
issued
avocado
administrative
committee
evidence
avocado
marketing
agreement
undertaken
chiefly
program
designed
regulate
south
florida
production
ensure
maturity
produce
growing
area
see
krome
federal
avocado
marketing
agreement
florida
state
horticultural
society
proceedings
compare
nav
washington
mcdermott
wisconsin
see
generally
note
federal
inspection
legislation
partial
remedy
interstate
trade
barriers
harv
rev
occasion
consider
possible
applicability
supremacy
clause
issue
provisions
since
neither
party
made
reference
statute
either
district
district
assumed
california
growers
faced
meaningful
competition
florida
growers
appears
however
florida
industry
well
developed
california
industry
infancy
see
collins
avocado
salad
fruit
tropics
dept
agriculture
bureau
plant
industry
bull
appear
vigorous
competition
florida
california
producers
markets
see
popenoe
avocado
california
florida
california
cultivator
years
florida
production
exceeded
california
see
traub
supra
note
see
generally
hodgson
supra
note
passage
california
statute
immediately
vigorously
protested
florida
producers
senator
florida
filed
informal
complaint
department
agriculture
see
california
avocado
law
unfair
florida
new
pacific
coast
maturity
standards
practically
ban
shipments
state
florida
grower
pp
see
also
even
california
contemporaneous
recognition
passage
statute
severely
restricted
access
florida
growers
markets
least
northern
california
see
hodgson
florida
avocado
industry
survey
ii
california
cultivator
june
pp
see
american
fruit
grower
hand
suggestions
neither
adoption
application
california
statute
reflected
discriminatory
anticompetitive
purpose
years
california
growers
experience
great
difficulty
meeting
oil
content
requirement
sizable
shipments
must
destroyed
see
demand
avocados
california
cultivator
roche
look
immature
avocados
california
cultivator
california
avocado
yearbook
even
though
oil
content
mature
california
avocados
good
years
runs
substantially
see
traub
supra
note
moreover
california
growers
association
regarded
ability
market
florida
fruit
months
california
fruit
available
strengthening
rather
weakening
market
position
see
fourteenth
annual
report
general
manager
calavo
growers
california
plainly
questions
indicated
conflicting
materials
resolved
trial
fully
developing
commerce
clause
issue
close
trial
two
three
members
offered
inconsistent
views
appellees
counsel
asked
clarification
concerning
status
appellants
disputed
depositions
exhibits
one
member
replied
objections
stand
every
word
depositions
another
responded
hey
evidence
subject
objections
rule
makes
ruling
case
necessary
specifically
appellees
offered
show
measuring
oil
content
avocados
florida
experimental
test
procedures
employ
equipment
used
california
former
contended
extracting
less
oil
california
equipment
obtain
avocado
claimed
average
variation
amounted
failure
florida
equipment
remove
oil
fruit
florida
results
erratic
addition
appellees
asserted
avocados
used
florida
experiments
representative
graded
sized
inspected
fruit
appellants
normally
market
justice
white
justice
black
justice
douglas
justice
clark
join
dissenting
second
time
case
come
florida
lime
avocado
growers
jacobsen
case
review
dismissal
complaint
want
jurisdiction
reversed
remanded
trial
case
merits
district
refused
enjoin
appellee
state
officers
enforcing
california
agricultural
code
appellant
growers
supp
probable
jurisdiction
noted
view
disposition
matter
today
probable
case
like
revenant
return
us
within
another
terms
still
copious
record
appellants
grow
package
market
florida
avocados
interstate
commerce
subject
applicable
provisions
agricultural
adjustment
act
amended
regulations
secretary
agriculture
promulgated
thereunder
average
florida
avocados
shipped
california
year
barred
failure
satisfy
requirements
california
agricultural
code
provides
pertinent
part
avocados
time
picking
times
thereafter
shall
contain
less
per
cent
oil
weight
avocado
excluding
skin
seed
appellants
based
claim
relief
upon
equal
protection
clause
fourteenth
amendment
commerce
clause
supremacy
clause
since
minority
concluded
agricultural
adjustment
act
regulations
promulgated
thereunder
leave
room
inconsistent
conflicting
state
legislation
reach
supremacy
clause
issue
california
statute
enacted
according
district
practically
avocados
came
state
purpose
legislation
prevent
marketing
immature
avocados
never
ripen
properly
decay
shrivel
become
rubbery
unpalatable
purchase
consumer
ibid
effect
marketing
immature
avocados
cheat
consumer
thus
bad
economic
effect
upon
retailers
producers
whole
since
increases
future
sales
resistance
buying
avocados
state
law
enacted
avocados
grown
california
present
time
trees
derived
mexican
varieties
avocados
contain
least
oil
mature
florida
avocado
growers
however
substantial
competitors
california
growers
depend
substantial
part
trees
parentage
florida
avocados
involved
hybrid
guatemalan
varieties
may
reach
maturity
acceptable
marketing
least
federal
standards
prior
reaching
oil
content
expert
opinion
effect
best
gauge
maturity
percentage
oil
contained
fruit
california
adopted
test
also
expert
opinion
best
test
maturity
date
fruit
picked
size
weight
time
ibid
secretary
agriculture
adopted
test
measuring
maturity
avocados
ripening
specifically
rejected
unsatisfactory
physical
chemical
tests
handling
avocados
grown
south
florida
fed
reg
dept
agr
dkt
district
found
california
oil
test
latter
type
agricultural
adjustment
act
provides
whenever
secretary
reason
believe
issuance
order
tend
effectuate
declared
policy
act
establish
maintain
minimum
standards
quality
maturity
fruit
interstate
commerce
effectuate
orderly
marketing
agricultural
commodities
public
interest
shall
give
notice
hold
hearing
upon
proposed
order
case
fruits
provides
secretary
may
limit
provide
methods
limitation
quality
produce
may
marketed
transported
markets
current
interstate
foreign
commerce
affecting
commerce
specified
period
orders
proposed
secretary
statute
become
effective
approved
majority
affected
growers
see
secretary
held
hearings
found
majority
south
florida
avocado
growers
favored
imposition
quality
maturity
standards
avocados
pursuant
marketing
order
promulgated
act
fed
reg
order
amended
cfr
formerly
establishes
avocado
administrative
committee
comprised
south
florida
avocado
growers
shippers
power
recommend
marketing
regulations
secretary
relating
quality
maturity
standards
prohibiting
marketing
substandard
fruits
specifically
contemplated
maturity
standards
based
schedule
tests
rejected
unsatisfactory
section
provides
exemption
regular
regulations
allowed
portions
avocado
crops
particular
varieties
proved
mature
prior
prescribed
picking
date
regulated
avocados
including
exemption
certificates
must
inspected
inspection
service
department
agriculture
florida
department
agriculture
joint
service
certified
meeting
prescribed
quality
maturity
standards
may
marketed
various
times
regulations
governing
florida
avocados
issued
include
specific
quality
standards
see
fed
reg
cfr
quality
standards
require
fruit
mature
grades
avocados
case
main
order
refer
oil
content
since
year
secretary
issued
maturity
regulations
fixing
dates
minimum
sizes
various
varieties
florida
avocados
may
packed
shipped
regulations
recommended
committee
pursuant
cfr
approved
secretary
consideration
modification
necessary
cfr
published
federal
register
force
law
california
standard
oil
johnson
maryland
cas
ii
ultimate
question
whether
california
law
may
validly
apply
florida
avocados
secretary
inspector
says
mature
federal
scheme
minority
believe
view
california
law
stands
obstacle
accomplishment
execution
full
purposes
objectives
congress
hines
davidowitz
central
unavoidable
fact
six
every
florida
avocados
certified
mature
federal
standards
turned
away
california
markets
immature
excluded
state
application
maturity
test
different
federal
measure
congress
empowered
secretary
provide
orderly
marketing
avocados
specify
quality
maturity
avocados
transported
interstate
commerce
markets
although
secretary
determined
florida
avocados
mature
federal
standards
fit
sale
interstate
markets
state
california
determined
unfit
sale
applying
test
type
secretary
determined
unsatisfactory
think
state
law
erected
substantial
barrier
accomplishment
congressional
objectives
hesitate
strike
california
statute
state
regulation
touched
phase
subject
matter
reached
federal
law
claim
nevertheless
made
complementary
state
regulation
preempted
compare
campbell
hussey
savage
jones
secretary
promulgated
comprehensive
pervasive
regulatory
scheme
determining
quality
maturity
florida
avocados
pursuant
statutory
mandate
effectuate
orderly
marketing
agricultural
commodities
prescribes
minute
detail
standards
size
appearance
shape
maturity
avocados
inspection
procedures
violation
regulations
criminal
civil
sanctions
provided
gap
exists
regulatory
scheme
warrant
state
action
prevent
evils
land
least
relation
issues
presented
case
compare
international
union
wisconsin
board
aspects
avocado
maturity
omitted
federal
regulations
additional
state
regulation
supplement
federal
regulation
pro
tanto
supplant
another
scheme
thereby
compromising
degree
congressional
policy
expressed
act
contrast
parker
brown
upon
appellees
seek
rely
federal
agricultural
regulatory
scheme
partial
incomplete
contended
agricultural
adjustment
act
force
preempted
application
california
agricultural
prorate
act
held
since
marketing
order
concerning
affected
commodities
promulgated
since
act
policies
therefore
must
deemed
secretary
effectuated
entry
field
followed
preemption
evident
therefore
marketing
act
contemplates
existence
state
programs
least
time
secretary
shall
establish
federal
marketing
program
case
bar
course
secretary
entered
field
comprehensive
regulatory
program
state
program
conflicts
california
statute
distinctive
interest
state
different
one
federal
scheme
protects
compare
huron
detroit
union
brokerage
jensen
health
interest
question
district
recognized
purely
economic
one
marketing
immature
avocados
ripen
properly
purchase
consumer
instead
shrivel
decay
substantial
adverse
effect
consumer
demand
avocados
according
testimony
appellees
expert
california
department
agriculture
deemed
necessary
representatives
industry
due
deplorable
marketing
conditions
sale
immature
avocados
severely
damaging
reputation
industry
providing
consumers
undesirable
avocado
fruits
despite
repeated
suggestions
effect
opinion
indication
state
regulatory
scheme
purpose
protecting
good
avocado
industry
protecting
health
preventing
deception
public
unless
purely
incidental
similar
findings
damage
industry
growers
marketed
immature
avocados
contained
department
agriculture
order
preceded
issuance
federal
regulations
fed
two
regulatory
schemes
precisely
purpose
purely
economic
one
seek
achieve
however
applying
different
tests
avocados
also
believe
purpose
objective
congress
marketing
order
promulgated
authority
call
application
uniform
standards
quality
even
absent
total
occupation
field
federal
regulatory
scheme
see
guss
utah
board
gibbons
ogden
wheat
lack
uniformity
tends
obstruct
commerce
divide
nation
many
markets
produce
accepted
rejected
different
localities
depending
upon
local
vagaries
flow
commerce
inevitably
interrupted
hindered
diminished
recognition
need
uniformity
congress
stated
outset
agricultural
adjustment
act
declared
disruption
orderly
exchange
commodities
interstate
commerce
destroys
value
agricultural
assets
support
national
credit
structure
burden
obstruct
commerce
declared
policy
congress
establish
maintain
minimum
standards
quality
maturity
grading
inspection
requirements
agricultural
commodities
effectuate
orderly
marketing
contention
made
negatives
policy
declaration
uniformity
sought
act
section
directs
secretary
issue
orders
limited
small
geographic
region
practicable
order
insure
due
recognition
accorded
local
conditions
soil
climate
like
provision
recognizes
uniformity
flow
commerce
may
necessary
prevent
burdens
commerce
produce
nationwide
uniformity
may
neither
necessary
desirable
flow
commerce
may
suggests
secretary
might
find
avocado
growing
regions
different
tests
furnished
convenient
index
maturity
avocados
follow
premise
statutory
scheme
permit
equally
varied
standards
nation
various
market
places
section
contemplate
regional
variations
comport
statutory
purpose
may
obstruct
burden
commerce
admit
avocados
commerce
diverse
bases
different
parts
country
individual
grower
situation
face
one
standard
burden
commerce
frustrate
congressional
purpose
grower
faces
different
standards
different
markets
slip
permissible
nonuniformity
one
end
stream
commerce
permissible
nonuniformity
end
thus
read
statute
casually
gloss
congressional
purpose
expressly
facilitate
marketing
transportation
markets
current
interstate
commerce
also
suggested
use
term
minimum
standards
indicates
lack
desire
uniformity
reads
much
phrase
commonplace
appropriate
federal
regulatory
agency
adopts
minimum
standards
balance
satisfy
needs
subject
matter
without
disproportionate
burden
regulatees
balance
struck
upset
imposition
higher
local
standards
see
example
southern
railroad
cumulative
operation
strict
local
law
continued
circumstances
despite
congressional
balance
struck
congress
provided
express
terms
example
rice
board
trade
noted
federal
statute
provided
nothing
section
section
shall
construed
impair
state
law
applicable
transaction
enumerated
described
sections
see
effect
plumley
massachusetts
cloverleaf
patterson
nothing
act
marketing
order
legislative
history
shows
congressional
intention
accommodate
permit
state
controls
inconsistent
federal
law
marketing
orders
issued
thereunder
authorization
contained
seek
cooperation
state
authorities
pursuit
goal
uniform
standards
quality
maturity
carries
implication
state
standards
contrary
federal
stand
secretary
directed
defer
state
fact
work
cooperative
scheme
state
florida
avocados
involved
case
grown
avocados
california
rejected
jointly
inspected
federal
state
authorities
applying
standards
order
move
mature
avocados
stream
interstate
commerce
read
authorization
secretary
cooperate
direction
cooperate
regulatory
scheme
defer
state
directly
affected
marketing
order
every
state
avocados
might
sold
clearly
frustrate
federal
purpose
orderly
marketing
avocados
interstate
commerce
appellees
majority
appears
suggest
construe
limiting
power
secretary
issuance
marketing
orders
complementary
inconsistent
state
regulation
suggestion
secretary
cooperate
viewed
similar
authorization
government
official
rice
chicago
board
trade
statute
provided
secretary
agriculture
may
cooperate
department
agency
government
state
political
subdivision
thereof
unanimous
remarked
provision
supported
inference
congress
design
regulatory
system
excluded
state
regulation
conflict
federal
requirements
careful
note
quite
different
matter
illinois
commission
adopted
rules
board
either
violated
standards
act
collided
rules
secretary
conflict
federal
state
law
unmistakable
secretary
asserts
certain
florida
avocados
mature
state
law
rejects
immature
conflict
matter
central
importance
federal
scheme
elaborate
regulatory
scheme
marketing
order
focused
upon
problem
moving
mature
avocados
interstate
commerce
maturity
regulations
peripheral
aspects
federal
scheme
compare
international
assn
machinists
gonzales
contrary
department
agriculture
order
preceded
issuance
avocado
regulations
found
marketing
immature
avocados
one
principal
problems
principal
problem
faced
industry
regulations
adopted
solve
problem
demoralizing
industry
fed
conflict
involved
case
therefore
properly
deemed
contingent
remotely
related
policy
purpose
act
call
requiring
inconsistent
state
scheme
defer
accommodated
federal
one
california
nevertheless
argues
permitted
apply
oil
test
cumulatively
federal
test
insure
mature
avocados
offered
markets
accepts
contention
proposition
name
cloverleaf
butter
patterson
uncited
authorities
appear
nonexistent
ante
least
three
answers
contention
first
ignores
limitations
oil
test
applied
inherently
less
oily
florida
avocados
district
indicated
acceptable
prior
time
reach
content
applied
california
avocados
oil
figure
leaves
ample
tolerance
individual
variation
otherwise
applied
less
oily
florida
varieties
second
argument
federal
test
unsatisfactory
california
test
better
one
appear
view
reliance
higher
standard
case
means
accurate
standard
one
asserts
avocados
less
highly
mature
others
therefore
ripen
less
fully
must
remembered
secretary
congress
delegated
power
made
legislative
finding
order
adopting
method
determining
maturity
specifically
rejecting
physical
chemical
tests
california
type
finding
impeached
collaterally
proceeding
adopting
one
maturity
test
rather
another
legislative
judicial
choice
validity
determined
weighing
judicial
scales
merits
legislative
choice
rejecting
weight
evidence
presented
appears
favor
different
standard
south
carolina
highway
dept
barnwell
see
security
administrator
quaker
oats
carolene
products
neither
california
place
wisdom
congress
delegate
third
congress
limit
interest
picking
avocados
even
transportation
commerce
markets
expressly
declared
intention
regulate
maturity
quality
produce
may
marketed
interstate
markets
congress
sought
regulate
marketing
beginning
end
stream
commerce
order
eliminate
impediments
part
stream
ignores
plain
words
statute
concluding
california
law
frustrate
federal
scheme
even
california
oil
test
acceptable
test
maturity
florida
avocados
secretary
found
cumulative
application
test
solely
purpose
second
check
maturity
florida
avocados
solely
catch
possible
errors
federal
scheme
prove
particular
avocados
actually
tested
thereby
destroyed
immature
justify
rejection
whole
lots
samples
came
florida
avocados
subjected
test
alternatives
leave
california
market
california
producers
least
producers
mexican
varieties
else
order
avoid
hazard
rejection
leave
florida
avocados
trees
past
normal
federally
prescribed
picking
date
thereby
shortening
marketing
period
thus
frustrating
federal
scheme
aimed
moving
avocados
mature
federal
standards
interstate
markets
reasonable
balancing
state
federal
interests
stake
requires
former
give
way
insubstantial
warrant
frustration
congressional
purpose
case
federal
regulatory
scheme
comprehensive
pervasive
without
hiatus
state
regulations
fill
subject
matter
statute
call
uniformity
conflict
substantial
least
six
every
federally
certified
avocados
barred
failure
pass
california
test
located
central
portion
federal
scheme
effect
conflict
disrupt
burden
flow
commerce
sale
florida
avocados
distant
markets
contrary
congressional
policy
underlying
act
state
may
legitimate
economic
interest
subject
matter
adequately
served
federal
regulations
interest
slightly
impaired
supersession
circumstances
state
law
give
way
becomes
inoperative
federal
legislation
exclusive
application
cloverleaf
patterson
accord
mcdermott
wisconsin
hill
florida
conclusion
inescapable
california
law
obstacle
accomplishment
execution
congressional
purposes
objectives
california
law
agricultural
adjustment
act
supplemented
regulations
promulgated
thereunder
reconciled
consistently
stand
together
allow
avocados
certified
mature
federal
marketing
order
embargoed
state
thinks
immature
therefore
reverse
instructions
grant
injunction
requested
question
case
whether
california
oil
content
law
keeps
california
florida
avocados
pass
federal
test
motion
dismiss
accompanying
sworn
affidavit
appellee
state
officers
gave
average
rejection
figure
per
year
period
basing
percentage
official
records
california
department
agriculture
rejections
reached
high
season
hard
understand
refusal
consider
figures
way
entered
record
see
ante
believe
appellees
sworn
statements
state
official
records
properly
event
come
record
shortly
since
clear
remand
data
come
via
deposition
majority
actually
doubt
score
believes
accepting
fact
california
rejects
six
every
florida
avocados
immature
effect
result
remand
findings
preemption
burden
commerce
papers
opinion
district
reveal
appellants
shipments
california
rejected
failure
attain
oil
content
required
california
law
record
silent
terrorem
effect
california
law
interstate
commerce
florida
avocados
therefore
consider
avocados
meeting
standard
may
sold
california
declared
public
nuisance
may
seized
condemned
abated
violators
may
punished
criminally
civil
penalty
action
see
ante
contended
purpose
minimum
oil
content
requirement
purpose
insuring
high
caloric
nutritional
content
fruit
health
issue
raised
case
cf
contended
stage
proceedings
statutory
purpose
directly
protect
local
consumers
fraudulent
deceptive
practices
moreover
evidence
support
view
mexican
varieties
avocados
contain
generally
speaking
highest
oil
content
varieties
mature
hybrid
varieties
attain
next
highest
oil
percentages
west
indian
lowest
hybrid
varieties
generally
attain
oil
content
excess
left
trees
long
enough
necessarily
attain
oil
content
time
may
marketed
florida
avocado
order
mature
enough
acceptable
prior
time
reach
content
according
plaintiffs
witnesses
appear
theoretically
feasible
determine
proper
oil
content
gauge
maturity
different
variety
avocado
highly
impracticable
district
pointed
varieties
avocado
marketed
florida
findings
department
agriculture
contained
order
determining
terms
contained
avocado
regulations
marketing
immature
fruits
increases
consumer
resistance
materially
impairs
marketing
entire
crop
satisfactory
physical
chemical
test
determining
maturity
maturity
satisfactorily
determined
method
handling
avocados
grown
south
florida
fed
reg
dept
agr
dkt
california
statute
similar
federal
law
california
marketing
act
cal
agr
code
allows
director
agriculture
promulgate
marketing
orders
majority
affected
handlers
producers
assent
purpose
act
restore
maintain
adequate
purchasing
power
california
agricultural
producers
establish
orderly
marketing
provide
uniform
grading
develop
new
larger
markets
maintain
present
markets
produce
grown
within
state
eliminate
trade
barriers
obstruct
free
flow
produce
market
permit
issuance
marketing
orders
assure
stabilized
orderly
distribution
produce
brock
superior
cal
app
director
promulgated
avocado
marketing
order
upheld
valid
state
courts
child
warne
cal
app
cal
rptr
customary
method
administering
marketing
orders
act
see
cfr
case
avocado
order
supra
note
department
specifically
determined
appropriate
method
administer
regulatory
program
fed
section
provides
exemption
shall
granted
procedural
rules
approved
secretary
section
appear
provide
review
particular
determinations
secretary
taken
party
aggrieved
thereby
taken
secretary
sua
sponte
exemption
allowed
standards
prescribed
regulations
quality
container
packaging
grading
labeling
inspection
inspection
service
standards
set
terms
conditions
advance
release
course
required
violation
order
punishable
fine
violations
regulations
may
also
made
punishable
secretary
penalty
exceed
regulations
others
cfr
govern
exhaustive
detail
size
shape
avocados
color
skin
condition
stem
length
manner
may
shipped
fed
reg
fed
reg
fed
reg
fed
reg
fed
reg
fed
reg
fed
reg
fed
reg
fed
reg
similar
orders
issued
time
time
concerning
maturity
imported
avocados
see
fed
reg
fed
reg
fed
reg
fed
reg
fed
reg
nature
problem
rigid
formula
rule
used
universal
pattern
determine
meaning
purpose
every
act
congress
considering
validity
state
laws
light
federal
laws
touching
subject
made
use
following
expressions
conflicting
contrary
occupying
field
repugnance
difference
irreconcilability
inconsistency
violation
curtailment
interference
none
expressions
provides
infallible
constitutional
test
exclusive
constitutional
yardstick
final
analysis
one
crystal
clear
distinctly
marked
formula
primary
function
determine
whether
circumstances
particular
case
pennsylvania
law
stands
obstacle
accomplishment
execution
full
purposes
objectives
congress
hines
davidowitz
emphasis
added
compare
ante
imply
regulations
governing
fitness
avocados
terms
maturity
preclude
application
local
regulations
concerning
example
bacteria
content
ddt
content
cf
huron
detroit
neither
health
regulation
safety
considerations
cf
lyons
thrifty
drug
stores
cal
app
involved
case
finding
anything
fraudulent
deceptive
unmarketable
florida
avocado
mature
enough
introduced
interstate
commerce
federal
certificate
evidencing
quality
compare
plumley
massachusetts
quoted
ante
suggested
gap
federal
scheme
immature
avocados
may
enter
commerce
bearing
exemption
certificate
issued
seemingly
unfettered
discretion
growers
committee
contention
omits
requirement
exemption
normal
provisions
allowed
avocados
inspected
proved
mature
satisfied
special
maturity
tests
prescribed
procedures
approved
secretary
fact
avocados
carry
federal
certificate
maturity
quality
also
omits
secretary
general
review
power
regulatory
determinations
provided
contention
made
actual
abuses
occurred
exemption
certificate
provisions
basis
upon
may
anticipated
suggested
also
came
representation
solicitor
general
amicus
curiae
department
agriculture
collaborated
drafting
state
raisin
program
taken
actions
must
taken
expression
opinion
department
agriculture
state
program
consistent
policies
agricultural
adjustment
agricultural
marketing
agreement
acts
hence
holding
find
conflict
two
acts
state
federal
occupation
legislative
field
mere
adoption
federal
act
without
issuance
order
secretary
putting
effect
preclude
effective
operation
state
act
expressly
declared
occasion
decide
whether
conclusion
follow
state
program
adopted
collaboration
officials
department
agriculture
note
california
agricultural
code
contains
provision
similar
federal
director
hereby
authorized
confer
cooperate
legally
constituted
authorities
purpose
obtaining
uniformity
administration
federal
state
marketing
regulations
licenses
orders
said
director
authorized
conduct
joint
hearings
issue
joint
concurrent
marketing
orders
purposes
within
standards
set
forth
act
may
exercise
administrative
authority
prescribed
act
effect
uniformity
administration
regulation
reasoning
suggested
us
california
law
construed
apply
florida
avocados
marketed
federal
order
see
oil
workers
union
missouri
local
wisconsin
board
pearson
probate
carey
south
dakota
probably
important
single
factor
quality
maturity
fed
extent
contention
understood
limited
authorities
supporting
higher
standard
consumers
already
indicated
pp
supra
california
law
aimed
consumer
protection
avocado
grower
protection
avocado
may
remain
hard
perfect
condition
tree
time
reaching
maturity
fruit
soften
picked
harvesting
shipping
fruit
reached
fullest
possible
degree
maturity
tree
recommended
seed
may
sprout
fruit
tree
fruit
may
ripen
rapidly
harvesting
shipped
satisfactorily
ruehle
florida
avocado
industry
univ
agr
expt
sta
bull
wolfe
toy
stahl
avocado
production
florida
ruehle
rev
agr
ext
serv
bull
indication
record
many
florida
avocados
kept
california
market
prudence
growers
handlers
voluntarily
avoid
risks
california
oil
test
advised
whether
adopted
avocado
legislation
cumulative
burden
commerce
increased
event
insubstantial
figure
terms
restraints
upon
commerce
suggested
regulations
involved
simply
schemes
regulating
competition
among
growers
initiated
administered
growers
shippers
proposition
way
reasoned
standards
marketing
program
deemed
preclude
application
state
law
conflicts
interferes
operation
comprehensive
federal
marketing
program
simply
part
proposition
overlooks
however
fact
secretary
regulations
promulgated
congressional
authority
also
overlooks
secretary
extensive
supervisory
powers
statutory
duty
insure
regulations
carried
public
interest
case
cited
us
indicates
delegation
regulatees
power
propose
regulations
first
instance
violates
provision
general
law
see
parker
brown
sunshine
anthracite
adkins
rock
royal
currin
wallace
johnson
securities
exchange
see
castle
hayes
lines
first
iowa
coop
federal
power
gibbons
ogden
wheat
dumont
labs
carroll
suggestion
ante
doctrine
gibbons
ogden
limited
carriers
unwarranted
view
cases
first
iowa