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Original Package Doctrine


ORIGINAL PACKAGE DOCTRINE for determining the point at which goods pass from federal control over interstate commerce to state control over local commerce was first enunciated by the Supreme Court in Brown v. Maryland (1827). Merchandise brought into the state "in the original form or package in which it was imported," ruled the Court, clearly fell under federal jurisdiction. Leisy v. Hardin (135 U.S. 100 [1890]) clarified that goods in interstate shipment have not "arrived" for purposes of regulation by the state until they have been delivered into the hands of the consignee, and the original package has been broken.


Corwin, Edward S. The Commerce Power Versus States' Rights. Princeton, N.J.: Princeton University Press; London: H. Milford, Oxford University Press, 1936.

W. BrookeGraves/a. r.

See alsoBrown v. Maryland ; Commerce Clause ; Interstate Commerce Laws ; Trade, Domestic .

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