80 ANNUAL REPORT OF THE Off. Doc. 



LEGAL OPINIONS 



OFFICE OF THE ATTORNEY GENERAL, 

 Harrisburg, Pa., February 3, 1916. 



Hon. James Foust, Dairy and Food Commissioner, Harrisburg, Pa.: 



Sir: Your favor of January 25, requesting an opinion of this De- 

 partment as to whether a merchant holding a license to sell oleo- 

 margarine at retail, can take orders for the product in cities and 

 towns other than the one designated in the license, and fill such 

 orders by delivering the product by vehicle or otherwise, is at hand. 



The oleomargarine law of May 29, 1901, which was amended by 

 the Act of June 5, 1913, P. L. 412, provides in Section 1. 



"That no person, firm, or corporation shall, by himself, herself,, 

 or themselves, or by his, her or their agent or servant, nor shall 

 any officer, agent, servant or employee of any person, firm or cor- 

 poration, manufacture, sell, ship, consign, offer for sale, expose for 



sale, or have in possession with intent to sell, oleomargarine 



unless such person, firm or corporation shall have first obtained a 

 license and paid a license fee as hereinafter provided." 



Section 2 provides, in part: 



''That any person, firm, or corporation, and any agent of such 

 person, firm or corporation, desiring to manufacture, sell or offer or 

 expose for sale, or have in possession with intent to sell, oleomarg- 

 arine, hutterine, or any similar stthstance not made or colored so 

 as to look like yellow Gutter, shall make application for a license so 

 to do in such form as shall be prescribed which applica- 

 tion, in addition to other matters which may be required to be stated 

 therein by the said Dairy and Food Commissioner, shall contain an 

 accurate description of the place where the proposed business is 

 intended to be carried on if the said application is sat- 

 isfactory to said Dairy and Food Commissioner he shall 



issue to the applicant or applicants a license authorizing him, her, 



or them to engage in the manufacture or sale of oleomargarine 



such license shall not authorize the manufacture, sale, exposing 

 for sale or having in possession with intent to sell, oleomargarine, 

 hutterine, or any similar substance, at any other place thorn, that 

 designated in the application and license." 



Strictly construing the second section just quoted, it would seem 

 to require a license nt)t only from every person, firm or corporation 

 engaged in the sale or manufacture but also from every agent of such 

 person, firm or corporation, but the language of the first section 



