Grand Laboratories, Inc. v. Patricia Harris, Secretary of Health, Education and Welfare

FLOYD R. GIBSON, Senior Circuit Judge.

This case presents the question whether animal biologies constitute drugs within the meaning of the Federal Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. § 321(g)(1) (1976).

I

In February 1979, two field officers from the Food and Drug Administration (FDA) attempted to inspect the facilities of Grand Laboratories, Inc. (Grand) in Freeman, South Dakota. They were denied entrance. In August 1979, the FDA obtained a warrant from a United States magistrate to inspect Grand’s facility. Before the warrant was enforced, Grand brought suit in the United States…