Original Honey Baked Ham Co. of Georgia, Inc. v. Glickman

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Thanksgiving, Christmas and Easter are the busiest times of year for The Original Honey Baked Ham Company of Georgia. To capture more of the market during these periods, Honey Baked decided to open temporary “kiosks” in shopping malls near its ninety-seven retail stores. Two of the company’s products — cooked hams and turkeys — attracted the attention of the Agriculture Department’s Food Safety and Inspection Service, which enforces the Federal Meat Inspection Act, 21 U.S.C. § 601 et seq., and the Poultry Products…