AM. GRAIN PROD. PROCESSING INST v. DEPT. OF PUB. HLTH.


392 Mass. 309 (1984)

467 N.E.2d 455

AMERICAN GRAIN PRODUCTS PROCESSING INSTITUTE vs. DEPARTMENT OF PUBLIC HEALTH & others.

Supreme Judicial Court of Massachusetts, Suffolk.

June 27, 1984.


Attorney(s) appearing for the Case

Carl Valvo, Assistant Attorney General (Francis X. Bellotti, Attorney General, Joan C. Stoddard & Stephen S. Ostrach, Assistant Attorneys General, with him) for the defendants.

Thayer Fremont-Smith (Stuart M. Pape, of the District of Columbia, & Amos Hugh Scott with him) for the plaintiff.

Paul F. Colarulli, Pamela S. Horowitz, Stephen A. Brown, of the District of Columbia, & David J. Hatem, for Grocery Manufacturers of America, Inc., amicus curiae, submitted a brief.

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


LIACOS, J.

On February 14, 1984, this court issued the following order: "The plaintiff[2] contests the validity of the emergency regulation, promulgated by the Department of Public Health (department) on February 6, 1984, immediately banning the sale of food products containing ethylene dibromide (EDB) in the amount of 10 parts per billion (ppb) or greater, and, on and after March 7, 1984, banning the sale of food products containing EDB...

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