Hershey Foods Corp. v. Department of Agriculture

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Hershey Foods Corporation appeals the dismissal of its complaint seeking to vacate a portion of the Department of Agriculture’s regulation establishing pricing classifications of milk used in the manufacture of milk chocolate. The district court dismissed the complaint on the ground that legislation converted the regulation into a statute, not subject to judicial review under the Administrative Procedure Act. Although we disagree with the district court in this respect, we hold that dismissal was proper because…