of a watershed for a municipal water
supply to prevent the spread of fire and consequent damage to such
watershed.[398]
Garbage.--An ordinance for cremation of garbage and refuse at a
designated place as a means for the protection of the public health is
not a taking of private property without just compensation even though
such garbage and refuse may have some elements of value for certain
purposes.[399]
Sewers.--Compelling property owners to connect with a publicly
maintained system of sewers and enforcing that duty by criminal
penalties does not violate the due process clause.[400]
Food and Drugs, Etc.--"The power of the State to * * * prevent
the production within its borders of impure foods, unfit for use, and
such articles as would spread disease and pestilence, is well
established";[401] and statutes forbidding or regulating the manufacture
of oleomargarine have been upheld as a valid exercise of such
power.[402] For the same reasons, statutes ordering the destruction of
unsafe and unwholesome food[403], prohibiting the sale and authorizing
confiscation of impure milk[404] have been sustained, notwithstanding
that such articles had a value for purposes other than food. There also
can be no question of the authority of the State, in the interest of
public health and welfare, to forbid the sale of drugs by itinerant
vendors,[405] or the sale of spectacles by an establishment not in
charge of a physician or optometrist.[406] Nor is it any longer possible
to doubt the validity of State regulations pertaining to the
administration, sale, prescription, and use of dangerous and
habit-forming drugs.[407]
Milk.--Equally valid as police power regulations are laws
forbidding the sale of ice cream not containing a reasonable proportion
of butter fat,[408] or of condensed milk made from skimmed milk rather
than whole milk,[409] or of food preservatives containing boric
acid.[410] Similarly, a statute which prohibits the sale of milk to
which has been added any fat or oil other than milk fat, and which has,
as one of its purposes, the prevention of fraud and deception in the
sale of milk products, does not, when applied to "filled milk" having
the taste, consistency, and appearance of whole milk products, violate
the due process clause. Filled milk is inferior to whole milk in its
nutritional content; and cannot be served to children as a substitute
for whole milk without producing a dietary deficiency.[411] However,
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