AGO 1949-51 No. 177.

• Case Date: December 12, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 177. December 12, 1949[Orig. Op. Page 1]PRIVATECOUNTY ORDINANCE REQUIRING LOCAL BUTTER FAT PERCENTAGE TO BE HIGHER THAN THAT REQUIRED BY STATE LAW.County may by ordinance require that all milk sold therein have a higher content of butter fat than that required under state law.Mr. Orville Peebles Prosecuting Attorney Grays Harbor County Montesano, WashingtonCite as: AGO 1949-51 No. 177Dear Sir: Your letter has been received in which you ask: "Can a County pass an ordinance requiring that all milk sold in said county be required to have a higher content of butter fat than that amount of butter fat required under the state law?" The conclusion reached may be summarized as follows: A resolution may be passed to the effect that all milk sold in the county be required to have a higher butter fat content than that provided by state law. ANALYSIS Turning to the Washington Fluid Milk Law, section 1-A, chapter 168, Laws of 1949 (amending sections 61, 64 (9) Rem. Rev. Stat. 1943 Supp.), we find a provision that milk shall contain "* * * not less than three and one quarter percent (3.25%) of milk fat. * * *" The State Constitution, section 11, article XI, provides: "Any county, city, town or township may make and enforce within its limits all such local, police, sanitary and other regulations as are not in conflict with general laws." In Seattle v. Hewetson, 95 Wash. 612, it was said: "The fact that there is state legislation relating to the sale of intoxicating liquor does not deprive the city of the power to legislate upon the same subject, as long as the city ordinance does not conflict with the...