Inspection laws

The right in the states to enact inspection laws, quarantine and health laws is undoubted and is recognized in the constitution; Story, Const 616; Cooley, Const Lim. 7.30. These may be carried to the extent of ordering the destruction of private property, when infected with disease or otherwise dangerous; id.; Thurlow V. Massachusetts, 5 How. (U. S.) 632, 12 L. Ed. 256. The object of such laws is “to improve the quality of articles produced by the labor of the country; to fit them for exportation, or It may be for domestic use”; Gibbons v. Ogden, 9 Wheat (U. S.) 203, 6 L. Ed. 23; to protect the community from frauds and impositions, and, as to articles designed for exportation, to preserve our reputation in foreign markets; Clintsman v. Northrop, 8 Cow. (N. Y.) 46. Whenever inspection laws act on the subject before it becomes an article of commerce, they are confessedly valid; and also when, although operating on articles In interstate commerce, they provide for inspection under the police power of a state In the interest of public health etc.; Minnesota v. Barber, 136 U. S. 313, 10 Sup. Ct. 862, 34 L. Ed. 455; Patapsco Guano Co. v. Board of Agriculture, 171 U. S. 345, 18 Sup. Ct. 862, 43 L. Ed. 191; so as to oleomargarine inspection; Plumley v. Massachusetts, 155 U. S. 461, 15 Sup. Ct. 154,.39 L. Ed. 223; so as to a statute regulating the sale of commercial fertilizers for the protection of the public; Steiner v. Ray, 84 Ala. 93, 4 South. 172, 5 Am. St. Rep. 332; Vanmeter v. Spurrier, 94 Ky. 22, 21 S. W. 337. A Virginia act for the inspection of flour was held invalid because It requii’ed the inspection of flour from other states w'hen it was not required from the native product; Voight v. Wright, 141 U. S. 62, 11 Sup. Ct. 855, 36 L. Ed. 6.38; a statute for the inspection of fertilizers was held not applicable where the sale and delivery were without the state; Martin v. Guano Co., 77 Ga. 257. An inspection law (hides) affecting interstate commerce, is not, for that reason, invalid unless it is in conflict with an act of congress, or Is an attempt to regulate interstate commerce; New Mexico v. R. Co., 203 U. S. 38, 27 Sup. Ct. 1, 51 L. Ed. 78. Congress has not enacted any legislation destroying the right of a state to provide for the inspeced as healthy either by state 6r national officials; Asbell V. Kansas, 209 U. S. 251, 28 Sup. Ct 485, 62 L. Ed. 778, 14 Ann. Cas. 1101. A state may declare that certain articles shall not be sold within its limits without inspection, and charge the cost of the inspection on those offering the article for sale; Patapsco Guano Co. v. Board of Agriculture, 62 Fed. 690. The question of the constitutionality of an Inspection law affecting interstate commerce depends not only upon whether the excess proceeds of the tax may be used for other purposes, but whether they are actually so used; Foote v. Maryland, 232 U. S. 494, 34 Sup. Ct. 377, 58 L. Ed. —. If it has a real relation to the protection of the people and is reasonable, it is not invalid because it may incidentally affect interstate commerce, provided It does not conflict liirith legislation enacted by congress pursuant to its constitutional authority; Savage v. Jones, 225 U. S. 501, 32 Sup. Ct. 790, 56 L. Ed. 1182. Prima facie the charge is reasonable; Red “C." Oil Mfg. Co. v. Board, 222 U. S. 380, 32 Sup. Ct 152, 56 L. Ed. 240. A state cannot, under the guise of exerting its police powers, or of enacting inspection laws, make discrimination against the products and Industries of some of the states In favor of the products and industries of its own or of other states; Brimmer v. Rebman, 138 U. S. 78, 11 Sup. Ct 213, 34 L. Ed. 862; Voight v. Wright 141 U. S. 62. 11 Sup. Ct 855, 35 L. Ed. 638. See PowcE Power; Commerce; License.

Laws authorizing and directing the inspection and examination of various kinds of merchandise intended for sale, especially food, with a view to ascertaining its fitness for use, and excluding unwholesome or unmarketable goods from sale, and directing the appointment of official inspectors for that purpose. See Const. U. S. art. 1, § 10, cl. 2; Story, Const. § 1017, et seq. Gibbons v. Ogden, 9 Wheat. 202, 6 L. Ed. 23; Clintsman v. Northrop, 8 Cow. (N. Y.) 45; Patapseo Guano Co., v. Board of Agriculture, 171 U. S. 345, 18 Sup. Ct. 862, 41 L. Ed. 191; Turner v. State, 55 Md. 263.

Defined under Inspection in Black's Law Dictionary.

Laws authorizing and direeting the inspection and examination of various kinds of nerchandise intended for sale, especially food, with a view to ascertaining ifs fitness for use, and excluding unwholesome or wnmarketable goods from sale, and directing the appointment of official inspectors for that purpose. See Const. U.S. art. 1, § 10, cl. 2; Story, Const. § 1017, et seq.