United States v. Nova Scotia Food Products Corp
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When the Commissioner employed notice-and-comment procedures for the proposed T-T-S requirement, the Bureau of Commercial Fisheries (Bureau) objected on the ground that the application of a uniform standard to all species was not commercially feasible, and suggested an alternative using a lower temperature with suitable concentrations of nitrate and salt. The Commissioner did not respond to the Bureau’s suggestion. Nova Scotia wrote a letter to the Commissioner stating that the high temperature would destroy its product. The Commissioner disregarded these comments, and adopted a uniform standard to all species. Nova Scotia refused to comply.
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