Processed Apples Institute, Inc. v. Department of Public Health
Processed Apples Institute, Inc. v. Department of Public Health
Opinion of the Court
In this action for declaratory and injunctive relief, the plaintiffs claim that: (1) the Federal government has estab
General Laws c. 94, § 192 (1986 ed.), provides in pertinent part that any standards, tolerances, and definitions of purity or quality or identity for food that the department adopts “shall conform to the standards, tolerances and definitions, if any, of purity or quality or identity” adopted for the enforcement of Federal law (emphasis added). In American Grain Prods. Processing Inst. v. Department of Pub. Health, 392 Mass. 309, 315 (1984), we held that, under this section, a Federal decision against setting a standard, tolerance, or definition for a
Section 186 of c. 94 buttresses our interpretation of § 192. This court has recognized already that these two sections should be construed harmoniously. Id. at 316-317. See Grocery Mfrs. of Am., Inc. v. Department of Pub. Health, 379 Mass. 70, 76 (1979) (grants of detailed authority in various sections of G. L. c. 94 do not limit department’s ability to deal with matters under more general provisions of the chapter). Consonant with the mandate in § 192 that the department shall “conform” its definitions to Federal law, § 186 nonetheless “does not limit its definition of adulterated food to food which is adulterated within the meaning of the Federal act. ” American Grain Prods., supra at 317 n. 12. The department may ban altogether a particular pesticide chemical although Federal law allows its use. Id. at 317. It would be illogical to construe these sections as permitting the department to ban completely a chemical pesticide which Federal law allows, while prohibiting it from setting more stringent regulations for use.
For the reasons stated above, we are unpersuaded by the plaintiffs’ bald assertion that the stricter standards set for certain processed apple products are necessarily “nonconforming” within the meaning of the statute. “An agency, of course, has considerable leeway in interpreting a statute it is charged with enforcing.” Grocery Mfrs., supra at 75, and cases cited.
Judgment affirmed.
A tolerance or action level is the maximum concentration of a substance allowed by law. See American Grain Prods. Processing Inst. v. Department of Pub. Health, 392 Mass. 309, 312 & 313 nn. 5 & 7 (1984); 21 U.S.C. § 346 (1982 & Supp. IV 1986).
The issue of Federal preemption is not before this court. A single justice of the Appeals Court granted the plaintiffs’ motion for voluntary dismissal without prejudice of the two counts concerning Federal law, on condition that the plaintiffs file a stipulation to stay related proceedings on those counts in the United States District Court until final disposition of the matter before us.
Under 105 Code Mass. Regs. § 515.008 (1984) (effective October 1, 1986), the action levels for daminozide residues in heat processed apple sauce and juice products is 5 ppm, and in infant and baby foods it is 1 ppm.
Dissenting Opinion
(dissenting). The opinion of the court would have it appear that its logic and result are natural extensions of American Grain Prods. Processing Inst. v. Department of Pub. Health, 392 Mass. 309 (1984), because, “[i]t would be illogical to construe [G. L. c. 94, §§ 186, 192 (1986 ed.)] as permitting the department to ban completely a chemical pesticide which Federal law allows, while prohibiting it from setting more stringent regulations for use.” Ante at 394. This reasoning obscures the critical distinction between the issue squarely posed by the instant case and the issue actually decided in American Grain Prods., supra. Here, the court decides the issue of whether a tolerance set by a State regulation, which is more stringent than a tolerance for the same substance set by Federal regulations, violates the legislative command that “[s]uch standards, tolerances and definitions shall conform to the standards, tolerances and definitions, if any . . . adopted for the enforcement of the federal food, drug and cosmetic act . . . .” G. L. c. 94, § 192. In contrast, the reasoning and holding of American Grain Prods., supra, rested on the explicit determination that there had not been an establishment of any Federal standard or tolerance. Id. at 313-316. Indeed, this critical distinction was apparent to the court then, and it should not be ignored now. “We believe, furthermore, that the two changes in the section show the aim of the Legislature to require
American Grain Prods., supra, therefore, stands for the proposition that conformity is required between State and Federal standards and tolerances. Allowing State regulations 400% more restrictive than the Federal standards is to read the conformity requirement out of the statute. Once again, this court has not only taken another “step toward agency nonaccountability and carte blanche,” id. at 332 (Lynch, J., dissenting), but also now abdicates the judicial function of interpreting the scope of the only source of authority for agency action in this area. In the long run, this court’s refusal to deal with issues concerning the legitimacy of agency decisionmaking can only undermine the legitimate authority accorded agencies by the Legislature. I, therefore, respectfully dissent.
Reference
- Full Case Name
- Processed Apples Institute, Inc., & Others vs. Department of Public Health & Others
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- 2 cases
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- Published