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GRAND LABORATORIES v. DEPT. OF AGRICULTURE

No. 92-3790.

10 F.3d 584 (1993)

GRAND LABORATORIES, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE; Edward Madigan, Secretary; James W. Glosser, Administrator, Animal and Plant Health Inspection Service, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1993.

Attorney(s) appearing for the Case

George Thomas Qualley, Omaha, NE, argued, for plaintiff, appellant.

David H. Schanzer, Washington, DC, argued (Stuart M. Gerson, Ronald D. Lahners, Arthur R. Goldberg and David H. Schanzer, on the brief), for defendants, appellees.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

In 1985, Congress amended the Virus-Serum-Toxin Act, 21 U.S.C. §§ 151-158, to require that veterinary biological products sold intrastate be manufactured under a license issued by the Secretary of Agriculture. After expiration of a lengthy grace period, the Department of Agriculture ("USDA") advised certain distributors of Grand Laboratories, Inc., that its unlicensed products could no longer be shipped intrastate. Grand Labs commenced...

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