An en banc panel of the Commonwealth Court has upheld a decision by the board that controls the price of milk produced by Pennsylvania dairy farmers against charging extra for raw milk that is sent to New Jersey.
In an opinion issued Aug. 6 in Dairylea Cooperative Inc. v. Pennsylvania Milk Marketing Board and Rendell v. Pennsylvania Milk Marketing Board, Judge Bernard L. McGinley said that the Pennsylvania Milk Marketing Board, which under a 1937 statute regulates the state’s milk industry, did not capriciously disregard evidence of milk market conditions by refusing to charge a premium for Pennsylvania-produced and processed milk that is then sold in New Jersey.
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