Agriculture Decisions

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Agriculture Decisions AGRICULTURE DECISIONS Volume 67 July - December 2008 Part Four List of Decisions Reported (Alphabetical Listing) Index (Subject Matter) THIS IS A COMPILATION OF DECISIONS ISSUED BY THE SECRETARY OF AGRICULTURE AND THE COURTS PERTAINING TO STATUTES ADMINISTERED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE AGRICULTURE DECISIONS Agriculture Decisions is an official publication by the Secretary of Agriculture consisting of decisions and orders issued in adjudicatory administrative proceedings conducted for the Department under various statutes and regulations. Selected court decisions concerning the Department's regulatory programs are also included. The Department is required to publish its rules and regulations in the Federal Register and, therefore, they are not included in Agriculture Decisions. Beginning in 1989, Agriculture Decisions is comprised of three Parts, each of which is published every six months. Part One is organized alphabetically by statute and contains all decisions and orders other than those pertaining to the Packers and Stockyards Act and the Perishable Agricultural Commodities Act, which are contained in Parts Two and Three, respectively. The published decisions and orders may be cited by giving the volume number, page number and year, e.g., 1 Agric. Dec. 472 (1942). It is unnecessary to cite a decision's docket number, e.g., AW A Docket No. 99-0022, and the use of such references generally indicates that the decision has not been published in Agriculture Decisions. Consent decisions entered subsequent to December 31, 1986, are no longer published in Agriculture Decisions. However, a list of consent decisions is included in the printed edition. Since Volume 62, the full text of consent decisions is posted on the USDA/OALJ website (See url below). Consent decisions are on file in portable document format (pdf) and may be inspected upon request made to the Hearing Clerk, Office of Administrative Law Judges (OALJ). Beginning in Volume 63, all Initial Decisions decided in the calendar year by the Administrative Law Judge(s) will be arranged by the controlling statute and will be published chronologically along with appeals (if any) of those ALJ decisions issued by the Judicial Officer. Beginning in Volume 60, each part of Agriculture Decisions has all the parties for that volume, including consent decisions, listed alphabetically in a supplemental List of Decisions Reported. The Alphabetical List of Decisions Reported and the Subject Matter Index (from the beginning of the annual Volume) are included in a separate volume, entitled Part Four. Volumes 57 (circa 1998) through the current volume of Agriculture Decisions are also available online at http://www.usda.gov/da/oaljdecisions/ along with links to other related websites. Volumes 39 (circa 1980) through Volume 56 (circa 1997) have been scanned and individual cases may be available upon request. Gross downloading of the scanned pre-1999 cases will not be available due to Personal Identity Information (P.I.I.) concerns. Beginning on July 1, 2003, current ALJ Decisions will be displayed in pdf format on the OALJ website in chronological order. Direct all inquiries regarding this publication to: Editor, Agriculture Decisions, Office of Administrative Law Judges, U.S. Department of Agriculture, Room 1057 South Building, W ashington, D.C. 20250-9200, Telephone: (202) 720-6645, Fax (202) 690-0790, and e-mail address of Editor.OALJ@ usda.gov. This page intentionally left blank. Alphabetical Listing VOLUME 67 LIST OF DECISIONS REPORTED (Alphabetical Listing) JANUARY-- DECEMBER 2008 A ZOO FOR YOU . ...................................... 527 ABDALLAH, RAFAT..................................... 645 ADAMS & PETERSON, L.L.C.............................. 576 ADAMS, JOHN.......................................... 576 AEROPOSTAL AIRLINES INC.............................. 399 AG-INNOVATIONS, INC................................... 6 5 AL BADR SLAUGHTER HOUSE.......................... 1353 ALLEN COUNTY LIVESTOCK AUCTION, L.L.C.. 576 AMARILLO WILDLIFE REFUGE, INC... 175 ANDERSON, LARRY L. .. 660, 943, 1259, 1277 ANIMALS OF MONTANA, INC.. ........................ 1034 ANIMALS, INC. ........................................ 1303 ARBUCKLE WILDERNESS .............................. 1303 ARGI EXOTIC TRADING, INC............................. 611 ARROW CARGO ....................................... 1324 ARROW AIR, INC ...................................... 1324 ATKINSON, DARRYL.................................... 527 ATLANTIS FOODS, INC.. ................................ 527 AURORA DAIRY CORP................................... 354 AWB LTD. .. ........................................... 209 B.T. PRODUCE CO., INC.................................. 1390 BAIR, ROSS L........................................... 366 BAKER JR, LEROY H........................... 943, 1259, 1277 BALDWIN, RICK. ...................................... 1382 l Alphabetical Listing BALKAN COMPANY.................................... 527 BARNHILL, MARVIN TAYLOR .. ......................... 265 BARTELS, CHRISTOPHER J. ............................ 1385 BARTELS PACKING . .................................. 1385 BAUMERT, TIMOTHY R............................. 1343, 1358 BEDLAND PRODUCE ASSOCIATES LLC. 672 BELTER, THOMAS J..................................... 527 BENNETT, THOMAS.................................... 1394 BENTON PACKING COMPANY, INC.. 576 BERRY & SONS......................................... 531 BERRY PACKING, INC................................... 527 BEUCKE, DONALD R.. ................................. 1387 BIG SPRING LIVESTOCK AUCTION... 576 BILL HUNTER, INC. .................................... 1324 BOARD. OF HEALTH SUMMIT COUNTY . 134 BOCCHI AMERICAS ASSOCIATES, INC.. 578 BOLLER, JAMES A...................................... 1312 BONDS KENNEL ........................................ 134 BOSAGLO, INC......................................... 1295 BOSS, TERRY CHARLES................................. 527 BOSWELL D.V.M., BRADLEY............................ 399 BOW WOW PRODUCTIONS.............................. 527 BRIDGEPORT NATURE CENTER, INC.. 384 BROCK, MICHELLE...................................... 154 BROCK, ROBERT....................................... 154 BUEHLER, MARIAN..................................... 527 CAL FRESH PRODUCE................................... 1486 CAMERON LIVESTOCK SALES........................... 576 CAMPAIGN FOR FAMILY FARMS, THE.. 1230 li Alphabetical Listing CANE CREEK KENNELS.................................. 507 CARAWAY, LEANNE .................................. 1324 CARMOUCHE, JR, TERRELL. .. ......................... 1107 CARR FARMS LLC ...................................... 256 CARTER, JENNIFER . .................................. 1324 CARTER, DON . ....................................... 1324 CASE, JEFFREY D........................................ 593 CENTRAL CHILERA DE PUEBLA. ........................ 527 CHAMPION PRODUCE INC................................ 920 CHARLOTTE METRO ZOO............................... 527 CINEMA SAFARI ZOO................................... 527 CIRCUS WINTERQUARTERS ............................ 1324 CITIZENS ACTION COALITION OF INDIANA ON BEHALF. 1230 CITRUSOURCE, INC...................................... 704 CLARK, STEPHEN T..................................... 527 CLARK, DEBRA......................................... 527 CLARK, DANIEL........................................ 527 CLEMENS, DOUGLAS................................... 576 CMA CGM (AMERICA) INC............................... 527 COLETTE, MARTINE ................................ 390, 998 COMMERCE FRESH MARKETING, INC... 578 CONSOLIDATED FARMS .................................... CONWAY WHOLESALE PRODUCE.... 357 COODY, MISTY, . ...................................... 1048 COODY, MELISSA . .................................... 1048 COOK, MARCUS . .................................... 1094 COOK, MARCUSCLINE-HINES . 1048 COOPER, HENRY LEE .................................. 1324 COOSEMANS SPECIALTIES, INC.. 896, 898 lii Alphabetical Listing COOSEMANS, DANIEL F.............................. 896, 898 COPLEY TOWNSHIP. ................................... 134 CORNBELT BEEF CORPORATION. 576 CRAIG, JEAN....................................... 394, 396 CRAIG, FRANK..................................... 394, 396 CRECES, EDDY C.................................... 896, 898 CREEKSTONE FARMS PREMIUM BEEF, L.L.C.. 576 CRESON JR., GEORGE................................... 527 CRESON, LOIS.......................................... 527 CROSSED PAWS RANCH................................. 527 CT FARMS............................................. 1355 D & H PET FARMS, INC.................................. 1088 DALFIN, ANGEL ....................................... 1295 DAVE’S ANIMAL FARM.................................. 178 DAVILATRAVEL........................................ 403 DAVIS, JAMES B........................................ 527 DAYLEN, INC........................................... 527 DEFAIR FARMS, LLC ................................... 1110 DEFAIR FARMS......................................... 1110 DELOACH, DOLPHUS LAMAR........................... 1110 DELONG, TIMOTHY P.................................... 527 DERICKSON, HERBERT ................................. 1185 DERICKSON, JILL ...................................... 1185 DESERT SPRINGS PRODUCE, LLC... 1465, 1490 DFDS TRANSPORT INC.. ................................ 527 DHANRAJ ............................................ 1324 DICHTER BROS. & GLASS,
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