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PROCESSED APPLES INSTITUTE v. DEPT. OF PUB. HEALTH

402 Mass. 392 (1988)

522 N.E.2d 965

PROCESSED APPLES INSTITUTE, INC., & others vs. DEPARTMENT OF PUBLIC HEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 1988.

Attorney(s) appearing for the Case

Kenneth W. Weinstein of the District of Columbia (Jeffrey B. Storer with him) for the plaintiffs.

Thomas A. Barnico, Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

LIACOS, J.

In this action for declaratory and injunctive relief, the plaintiffs claim that: (1) the Federal government has established a tolerance3 for daminozide residue in processed apple products; (2) therefore, under G.L.c. 94, § 192 (1986 ed.), a State tolerance for daminozide residue in processed apple products is invalid in that it is more restrictive than the Federal tolerance; and...

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