With no explanation, chose the best option from "A", "B", "C" or "D". 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). II. Count I — Challenge to USDA Regulations A. Restrictions on the use of biological products The VSTA authorizes the Secretary of Agriculture to enact regulations “as may be necessary to prevent the preparation, sale, barter, exchange, or shipment as aforesaid of any worthless, contaminated, dangerous, or harmful virus, serum, toxin, or analogous product for use in the treatment of domestic animals, or otherwise to carry out this chapter.... ” 21 U.S.C. § 154 (emphasis added). The USDA refers to viruses, serums, toxins, and analogous products as “biological products” and has instituted a licensing regime for “[e]very person who prepares biological products” subject to the VS an, 521 U.S. 642, 117 S.Ct. 2199, 138 L.Ed.2d 724 (<HOLDING>) Plaintiff goes on to note that the agency has

A: holding that the possibility of a mistaken understanding of the phrase preponderance of the evidence on the part of the jury is too remote to constitute plain error when counsel gave the jury an accurate explanation of the legal meaning of the phrase in his closing argument and that meaning is consistent with the common understanding of the words in the phrase
B: holding that the phrase means reasonably designed to prevent expanded the secs authority beyond those acts specifically enumerated in the statute
C: holding that a phrase should be interpreted consistent with the context of the statute in which it is contained
D: holding however that probation act precludes monetary penalties other than those enumerated in the statute
B.