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NATIONAL PORK PRODUCERS COUNCIL v. BERGLAND

No. 80-1229.

631 F.2d 1353 (1980)

NATIONAL PORK PRODUCERS COUNCIL, an Iowa Corporation; Charles Grassley; Tom Hagedorn; and Steven Symms; and National Independent Meat Packers Association, Appellees, v. Bob BERGLAND, Secretary of Agriculture; Carol Tucker Foreman, Assistant Secretary of Agriculture for Food and Consumer Services; and Donald Houston, Acting Administrator, Food Safety and Quality Service, United States Department of Agriculture, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1980.

Attorney(s) appearing for the Case

Alice Daniel, Asst. Atty. Gen., Eloise E. Davies, Susan M. Chalker, Attys., Civ. Div., Dept. of Justice, Washington, D. C., for Bob Bergland et al.

Edwin H. Pewett, James M. Kefauver, James B. Davis, Glassie, Pewett, Beebe & Shanks, Washington, D. C., for National Meat Ass'n.

James L. Fox, Donald P. Colleton, Abramson & Fox, Chicago, Ill., for National Pork Producers.

Before HEANEY and BRIGHT, Circuit Judges, and HUNGATE, District Judge.

HEANEY, Circuit Judge.

This appeal presents the question of whether the United States Department of Agriculture (USDA) properly exercised its authority when it issued regulations permitting nitrate and nitrite-free meat products to be sold under product names traditionally reserved for foods containing these compounds. The district court held that it did not. We reverse.

I

The history of nitrate and nitrite use in curing meat and poultry products...

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