But, efforts to adopt whole “sanitary codes” by various state
executive officials in other states have been determined to be
unconstitutional exercises of legislative power. In the early 20th
century, the California Supreme Court was confronted with this problem
in Schaezlein v. Cabaniss, 135 Cal. 466, 471, 67 P. 755 (1902), which
concerned an act designed to provide for the proper sanitary condition
of factories, enforced by a bureau commissioner. That court found the
act and its enforcement unconstitutional: “The manifest objection to
this law is, that upon the commissioner has been imposed not the duty to
enforce a law of the legislature, but the power to make a law for the
individual, and to enforce such rules of conduct as he may prescribe. It
is thus arbitrary, special legislation, and violative of the constitution.”
At issue in State v. Marana Plantations, 75 Ariz. 111, 115, 252
P.2d 87 (1953), were state health regulations applicable to agricultural
labor camps. The Arizona Supreme Court concluded these sanitary
regulations were unconstitutional:
We think that the attempt by the legislature to make it the duty of
the board to “formulate general policies affecting the public health”
and to give the board unrestrained power to regulate sanitation and
sanitary practices and promote public health and prevent disability and
mortality is a constitutional relinquishment of its legislative power
and to such extent is violative of constitutional principles, and the
so-called Sanitary Code applicable to agricultural labor camps is void.
See also Boreali v. Axelrod, 71 N.Y.2d 1, 6, 517 N.E.2d 1350 (1987)(“We
hold that the Public Health Council overstepped the boundaries of its
lawfully delegated authority when it promulgated a comprehensive code to
govern tobacco smoking in areas that are open to the public.”).
These cases are posted here:
https://casetext.com/case/schaezlein-v-cabaniss
https://casetext.com/case/state-v-marana-plantations
https://casetext.com/case/boreali-v-axelrod-1
