Washington State Apple Advertising Commission v. Federal Security Administrator

Petitioners seek review of .an order issued by respondent under the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. §§ 301-392 . Thereby respondent promulgated the following regulation ( 9 F.R. 11836 , 21 C.F.R., 1944 Supp., § 120.Í): “The quantity of fluorine remaining as insecticidal residue on apples and pears is hereby limited to not more that 7 milligrams of fluorine, calculated as F, per kilogram of each such fruit.”

Unless they will be adversely affected by the order, if placed in effect, petitioners are not entitled to a review thereof. See § 701(f) (1) of the Act, 21 U.S.C.A. § 371 (f) (1). Each petition states that the petitioners named therein will be so affected. This, however, is a mere statement of a conclusion. Neither petition states facts warranting the conclusion.

The order, if placed in effect, will affect only those who own or have some interest in apples or pears on which fluorine remains as insecticidal residue. It does not appear from either petition that any 'petitioner named therein owns or has any interest ip such apples or pears.

One of the petitions (No. 10,947) 1 states that apples and pears are produced by some of the petitioners named therein,…