Finucane v. Pennsylvania Milk Marketing Board

In Finucane v. Pennsylvania Milk Marketing Board, 135 Pa. Commw. 606, 581 A.2d 1023 (Pa. Cmwlth. 1990), a decision of the Pennsylvania Milk Marketing Board was challenged on the basis that one of the members was not properly designated as a consumer member pursuant to the law. The Court agreed that the procedure used to designate the member was improper; however, the Court concluded that the decision of the Pennsylvania Milk Marketing Board was valid, based on the de facto official doctrine. In Finucane v. Pennsylvania Milk Marketing Board, 150 Pa. Commw. 319, 615 A.2d 936 (Pa. Cmwlth. 1992), this Court observed that Section 801 of the MML, 31 P.S. 700j-801,authorizes the Board to set prices paid to milk producers which will be most beneficial to the public interest, best protect the milk industry of the Commonwealth and insure a sufficient quantity of pure and wholesome milk to the inhabitants of the Commonwealth....The prices set by the Board shall be based upon all conditions affecting the milk industry. Finucane, 615 A.2d at 937 The Court went on to observe that Sections 801 and 803 of the MML vest the Board with broad discretion in setting milk prices and in the method of determining those prices. Id.