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WASHINGTON STATE APPLE AD. COM'N v. FEDERAL SEC. ADMIN.

Nos. 10947, 10952.

156 F.2d 589 (1946)

WASHINGTON STATE APPLE ADVERTISING COMMISSION et al. v. FEDERAL SECURITY ADMINISTRATOR. WASHINGTON STATE GRANGE et al. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

July 24, 1946.

Attorney(s) appearing for the Case

Smith Troy, Atty. Gen., of Washington, Harold Pebbles, Chief Asst. Atty. Gen., of Washington, and Elwood Hutcheson, Sp.

Norman A. Eisner, of San Francisco, Cal., for petitioners Wash. State Grange and others.

Theron L. Caudle, Asst. Atty. Gen., and Frank J. Hennessy, U. S. Atty., of San Francisco, Cal. (Vincent A. Kleinfeld and John T. Grigsby, Attys., Dept. of Justice, both of Washington, D. C., of counsel), for respondent.

Before MATHEWS, STEPHENS and HEALY, Circuit Judges.

MATHEWS, Circuit Judge.

Petitioners seek review of an order issued by respondent under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. §§ 301-392. Thereby respondent promulgated the following regulation (9 F.R. 11836, 21 C.F.R., 1944 Supp., § 120.1): "The quantity of fluorine remaining as insecticidal residue on apples and pears is hereby limited to not more that 7 milligrams of fluorine, calculated as F, per kilogram of each such fruit."

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