ELR Citation: ELR 20817
No(s). 73-1008 (7th Cir. Sep 28, 1973)

In the absence of EPA regulations establishing permissible tolerances for DDT in raw fish, the Administrator of FDA may issue and enforce an interim guideline that bans fish containing more than 5 parts per million (ppm) of DDT from interstate commerce. The Food, Drug, and Cosmetic Act does not require EPA to promulgate tolerance regulations, and if EPA does not decide to do so the Act clearly provides that the official designated as responsible for such matters by the Secretary of HEW has the power to issue and enforce interim guidelines regarding unsafe pesticides contained in raw foods. The court affirms a lower court finding that DDT is unsafe at a concentration of 5 ppm, and rules that FDA did not act arbitrarily in setting the standard at that level and allowing distribution of fish with a lesser DDT content.

Counsel for Plaintiff
Howard S. Epstein
Department of Justice
Washington, DC 20530

David J. Cannon
Stephen C. Underwood
361 Federal Building
Milwaukee, WI 53203

Counsel for Defendants
Adrian P. Schoone
Roger L. McManus
Robert J. Grady
424 Lake Avenue
Racine, WI 53403