Notices of Judgment Summarizing Judicial Review of Orders Under Section 701(F) of the Federal Food, Drug and Cosmetic Act, Issues 1-17U.S. Government Printing Office, 1944 |
From inside the book
Results 1-5 of 35
Page 4
... matter . They insist we should not listen to a party who complains of a grievance which is not his . Interstate Commerce Com . v . Chicago , R. I. & Pacific Ry . , 218 U. S. 88 , 109. On the other hand , petitioner insists that this ...
... matter . They insist we should not listen to a party who complains of a grievance which is not his . Interstate Commerce Com . v . Chicago , R. I. & Pacific Ry . , 218 U. S. 88 , 109. On the other hand , petitioner insists that this ...
Page 9
... matter of due process , preclude any subsequent attempt on the part of the Administrator , without notice and further hearing under 21 U.S.C.A. § 371 ( e ) , to enforce the regulation against animal feed , which petitioners purport to ...
... matter of due process , preclude any subsequent attempt on the part of the Administrator , without notice and further hearing under 21 U.S.C.A. § 371 ( e ) , to enforce the regulation against animal feed , which petitioners purport to ...
Page 11
... matter now comes before us on the Administrator's motion to affirm the original order on the basis of his amended or supplementary finding and showing . Petitioners and interveners have filed suggestions in opposition to the motion ...
... matter now comes before us on the Administrator's motion to affirm the original order on the basis of his amended or supplementary finding and showing . Petitioners and interveners have filed suggestions in opposition to the motion ...
Page 13
... matter of fact , evidence was not received perti- nent thereto . It is also contended with respect to both standards that re- spondent , in administering the Act , has reached an unconstitutional result . The basis upon which we think ...
... matter of fact , evidence was not received perti- nent thereto . It is also contended with respect to both standards that re- spondent , in administering the Act , has reached an unconstitutional result . The basis upon which we think ...
Page 15
... matter , furnishes little , if any , assistance to respondent's cause . This brings us to what we regard as the heart of the controversy , em- bracing the issue as to respondent's authority to promulgate the regulations in dispute ...
... matter , furnishes little , if any , assistance to respondent's cause . This brings us to what we regard as the heart of the controversy , em- bracing the issue as to respondent's authority to promulgate the regulations in dispute ...
Other editions - View all
Common terms and phrases
52 Stat action added Administrative Procedure Act Administrator's adulterated adversely affected affirmed amended authority basis batches butter Certified Color Industry Circuit Court coal-tar colors common or usual conclusion Cong Congress corn sirup Cosmetic Act Court of Appeals cream cheese cryolite definition and standard deleterious diacetyl Diamonex Drug Administration drugs and cosmetics effect enriched farina fair dealing FD&C Red FD&C Yellow Federal Food Federal Security Administrator Federal Security Agency findings of fact fixing and establishing flour Food and Drug food product harmless and suitable hearing honesty and fair injurious to health interest of consumers issue judgment judicial review label lecithin legislative manufacturers oleomargarine optional ingredients oysters Pacific Oysters permitted petitioners prescribed promote honesty promulgate regulations fixing provides Quaker Oats Co quantities reasonable respondent riboflavin Section 701 Sess skim milk standard of identity statute statutory substance substantial evidence sugar supra tion toxic United usual name vitamin B1 vitamin D
Popular passages
Page 90 - In a case of actual controversy as to the validity of any order under section 103, any person who will be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such order.
Page 57 - No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review...
Page 69 - Secretary pursuant to subsection (b), do not include adequate tests by all methods reasonably applicable to show whether or not such drug is safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling...
Page 57 - ... means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy...
Page 59 - Whenever in the judgment of the Secretary such action will promote honesty and fair dealing in the interest of consumers, he shall promulgate regulations fixing and establishing for any food, under its common or usual name so far as practicable, a reasonable definition and standard of identity, a reasonable standard of quality, and/or reasonable standards of fill of container...
Page 90 - While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of clause (1) of section 402 (a).
Page 9 - If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regu-lations as provided by section...
Page 57 - Save to the extent required for the disposition of ex parte matters as authorized by law, no Trial Examiner shall consult any person or party as to any fact in issue unless upon notice and opportunity for all parties to participate.
Page 58 - Where a rule of conduct applies to more than a few people it is impracticable that everyone should have a direct voice in its adoption. The Constitution does not require all public acts to be done in town meeting or an assembly of the whole.
Page 112 - In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.