96 Cal. Daily Op. Serv. 967, 96 Daily Journal D.A.R. 1588 Santokh Takhar, D.V.M. v. David A. Kessler, M.D., Individually and in His Capacity as Commissioner of Food and Drug, Department of Health and Human Services

76 F.3d 995 96 Cal. Daily Op. Serv. 967 , 96 Daily Journal D.A.R. 1588 Santokh TAKHAR, D.V.M., Plaintiff-Appellant, v. David A. KESSLER, M.D., individually and in his capacity as Commissioner of Food and Drug, Department of Health and Human Services, et al., Defendants-Appellees. No. 94-15605. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 19, 1995. Decided Feb. 12, 1996. George A. McKray, San Francisco, California, for plaintiff-appellant. Patricia J. Kenney, Assistant United States Attorney, San Francisco, California, for defendants-appellees. Appeal from the United States District Court for the Northern District of California; Charles A. Legge, District Judge, Presiding. Before: SCHROEDER, FLETCHER and RYMER, Circuit Judges. OPINION FLETCHER, Circuit Judge: 1 Santokh Takhar, a California-licensed veterinarian with a large-animal practice, challenges two Food and Drug Administration (FDA) Compliance Policy Guides (CPG) as exceeding the agency's statutory mandate by regulating veterinarians' extra-label drug use. He claims they contravene Congressional intent to exempt the practice of veterinary medicine from the Food, Drug and Cosmetic Act (FDCA). He…