Dotson v. Foust

Citations

• 233 Pa. 88
• 81 A. 911
• 1911 Pa. LEXIS 469

Syllabus

<p>Food law — Oleomargarine—Application for license — Discretion of dairy and food commissioner — Act of May 29,1901, P. L. 827.</p> <p>1. Under the Act of May 29, 1901, P. L. 327., relating to the sale of oleomargarine, the dairy and food commissioner cannot require that an application for a license to sell oleomargarine shall contain, anything except such matters as are calculated to affect the one single purpose of the act, namely, to advertise to the public the true nature and character of the product to be manufactured or sold, so that the imposition of a counterfeit resemblance may be prevented, and incidentally to facilitate discovery and detection when an attempt is made to evade the law.</p> <p>2. The dairy and food commissioner has no power to refuse a license to sell oleomargarine on the ground that at the time the application was made the applicant, who was then engaged in business under an existing license, was selling oleomargarine which upon examination was found to contain coloration and ingredients which caused it to resemble and imitate yellow butter.</p>