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CALIF. TABLE GRAPE COMM'N v. HEALTH DIV.

CA A51216.

818 P.2d 985 (1991)

109 Or.App. 226

CALIFORNIA TABLE GRAPE COMMISSION, Jack McFadden and Jackie Selgregg Dba Brice's, Petitioners, v. HEALTH DIVISION, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted July 12, 1990.

Decided October 16, 1991.

Reconsideration Denied December 11, 1991.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for petitioners. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem, and Leonard Pearlman, Asst. Atty. Gen., Portland.

Taken In Banc and Resubmitted July 12, 1990.

ROSSMAN, Judge.

In this proceeding under ORS 183.400, petitioners challenge the validity of a rule by which the Health Division of the Department of Human Resources (Division) regulates the sale of sulfite treated foods in restaurants.1 We hold the rule valid.

OAR 333-151-010(4) prohibits restaurants and certain other establishments from serving fresh fruits and vegetables to...

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