COM. NUTRITION INST. v. YOUNG

No. 84-5223.

757 F.2d 354 (1985)

COMMUNITY NUTRITION INSTITUTE, et al., Appellants, v. Frank YOUNG, Commissioner, Food and Drug Administration.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1985.


Attorney(s) appearing for the Case

William B. Schultz, with whom Alan B. Morrison, Washington, D.C., was on the brief, for appellants.

Patricia J. Kenney, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence, Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., Thomas Scarlett, Chief Counsel, Food and Drug Admin., Stephen D. Terman and Michael M. Landa, Associate Chief Counsel, Food and Drug Admin., Rockville, Md., were on the brief, for appellee.

Philip C. Olsson, Washington, D.C., was on the brief of amicus curiae, the State of S.C., urging affirmance.

Before MIKVA, EDWARDS and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case presents a challenge to the Food and Drug Administration's regulation of corn adulterated by the presence of aflatoxin. Aflatoxins are by-products of certain common molds that grow on various crops, including corn. The Food and Drug Administration ("FDA" or "agency") permits the shipment of corn containing aflatoxin below an informally adopted "action level." The agency has...

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