Original Package Doctrine
Gale Encyclopedia of US History:
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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.
Bibliography
Corwin, Edward S. The Commerce Power Versus States' Rights. Princeton, N.J.: Princeton University Press; London: H. Milford, Oxford University Press, 1936.
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Original Package Doctrine
Barron's Law Dictionary:
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Original Package Doctrine
The constitutional prohibition of state and local taxation of goods while they are still in their original packages. 199 S.E. 2d 665, 667. The U.S. Constitution, Art. I, Sec. 10, Cl. 2, prohibits states from imposing import or export duties. In an early case, the Supreme Court held that an item in its original package retained its character as an import and was thus free of tax by a state while “in the original form or package in which it was imported.” 25 U.S. 419.
