HELENA, Mont. – Montana destroys out-of-state milk – but not milk from Montana – under an antiquated "sell-by" date law, a milk distributor says in a constitutional claim in Federal Court.
Plaintiff Core-Mark International is a Delaware corporation based in Spokane, Wash. It sued the Montana Board of Livestock and nine of its members on Jan. 28, claiming the board's actions violate the Commerce Clause, the Due Process Clause and three other sections of the Constitution.
The Department of Livestock has "final and absolute" authority to establish "reasonable" rules and regulations for distribution of milk in the state. It requires that milk shipped to Montana must bear a pasteurization date and a "sell-by" date on each carton. The sell-by date is the 12th day after pasteurization.
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