Hardin

MEMORANDUM OF DECISION

This is an action by Chip Steak Inc. (“Chip Steak”), a California meat processing firm, and Yao L. Cheney, president of Chip Steak, involving two separate claims against officials of the United States Department of Agriculture (“USDA”).

Under their first claim, plaintiffs seek a permanent injunction preventing USDA officials from taking samples of Chip Steak products without payment in the course of inspections conducted at Chip Steak’s plant, and, a declaratory judgment holding void and unenforceable USDA regulation 9 CFR 318.9, which provides, in effect, that USDA meat inspectors can take samples of meat products in the course of inspection without payment.

Second, plaintiffs seek a mandatory injunction compelling USDA officials to “retest” Chip Steak products that have been administratively detained by USDA under 21 U.S.C. § 672 on suspicion of having excessive fat content' if the USDA’s laboratory test results, showing excessive fat content, are contradicted by Chip Steak’s own laboratory test results.

This action originally came before the court for hearing on plaintiffs’ motion for a preliminary injunction. The initial hearing on that motion…