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CARIBBEAN PRODUCE EXCHANGE v. SECRETARY OF HHS

No. 89-1257.

893 F.2d 3 (1989)

CARIBBEAN PRODUCE EXCHANGE, INC., Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 28, 1989.

Attorney(s) appearing for the Case

Barbara C. Biddle, Atty., Appellate Staff, Civ.Div., Dept. of Justice, with whom Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., Michael Jay Singer, Atty., Appellate Staff, Civ.Div., Dept. of Justice, Thomas Scarlett, Chief Counsel, Food & Drug Admin., and Sandra Barnes, Associate Chief Counsel for Enforcement, Food & Drug Admin., Washington, D.C., were on brief for defendants, appellants.

Daniel R. Dominguez, with whom Carmen Irizarry de Dominguez and Dominguez & Totti, Hato Rey, P.R., were on brief for plaintiff, appellee.

Before CAMPBELL, Chief Judge, and TORRUELLA, Circuit Judge, and COFFIN, Senior Circuit Judge.

COFFIN, Senior Circuit Judge.

The Secretary of Health and Human Services (Secretary) challenges a permanent injunction barring the Food and Drug Administration (FDA) from preventing the importation of garlic until its procedures for detecting impermissible spoilage have met the notice and comment requirements of the Administrative Procedure Act. 5 U.S.C. § 553.

This case arose out of the following circumstances. On August 7, 1988 a shipment of 6,912 crates...

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