The state brought a complaint against farmer for violations of state licensing and labeling laws. The Superior Court entered summary judgment in favor of the state and enjoined farmer from selling milk without a license, selling unpasteurized milk without labeling it as such, and operating a food establishment without a license. It later imposed civil penalties totaling $1000 and costs of $132 and denied farmer’s motion to stay and motion to alter or amend the judgment. Farmer appealed.
The Supreme Judicial Court of Maine held that:
- Previous statement by state veterinarian did not estop the state from requiring farmer to obtain a milk distributor’s license;
- Municipal ordinance would be construed to avoid a preemption issue; and
- Civil penalties could be imposed on farmer for each act that constituted a violation of state licensing and labeling laws.