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Agriculture Decisions AGRICULTURE DECISIONS Volume 61 July - December 2002 Part One (General) Pages 447 - 785 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., AWA 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. However, a list of consent decisions is included. Consent decisions are on file and may be inspected upon request made to the Hearing Clerk, Office of Administrative Law Judges. 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 59 (circa 2000) 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. Direct all inquiries regarding this publication to: Editor, Agriculture Decisions, Office of Administrative Law Judges, U.S. Department of Agriculture, Room 1082 South Building, Washington, D.C. 20250-9200, Telephone: (202) 720-6645, Fax (202) 690-0790, and e-mail address of [email protected]. LIST OF DECISIONS REPORTED JULY - DECEMBER 2002 AGRICULTURAL MARKETING AGREEMENT ACT DEPARTMENTAL DECISION SUN WORLD INTERNATIONAL, INC. AMA Docket No. F&V 925-1. Decision and Order. ............................................ 447 ANIMAL WELFARE ACT COURT DECISION KARL MITCHELL, AN INDIVIDUAL, et al., v. USDA. No. 01-71486. ................................................. 457 DEPARTMENTAL DECISIONS CINDY TINSLEY AND REGINALD TINSLEY. AWA Docket No. 01-0009. Decision and Order. ............................................ 459 MARILYN SHEPARD d/b/a CEDARCREST KENNEL. AWA Docket No. 01-0011. Decision and Order. ............................................ 478 HEARTLAND KENNELS, INC., A SOUTH DAKOTA CORPORATION; AND HALVOR SKAARHAUG, AN INDIVIDUAL. AWA Docket No. 02-0004. Decision and Order. ............................................ 492 i HEARTLAND KENNELS, INC., A SOUTH DAKOTA CORPORATION; AND HALVOR SKAARHAUG, AN INDIVIDUAL. AWA Docket No. 02-0004. Order Granting Respondents’ Requests for Extension of Time and the Rules of Practice and Denying Respondents’ Request for Evidence. .......................................... 547 HEARTLAND KENNELS, INC., A SOUTH DAKOTA CORPORATION; AND HALVOR SKAARHAUG, AN INDIVIDUAL. AWA Docket No. 02-0004. Ruling Denying Motion to Postpone Proceedings. ..................... 549 HEARTLAND KENNELS, INC., A SOUTH DAKOTA CORPORATION; AND HALVOR SKAARHAUG, AN INDIVIDUAL. AWA Docket No. 02-0004. Order Denying Petition for Reconsideration. ......................... 552 HEARTLAND KENNELS, INC., A SOUTH DAKOTA CORPORATION; AND HALVOR SKAARHAUG, AN INDIVIDUAL. AWA Docket No. 02-0004. Order Denying Second Petition for Reconsideration. .................. 562 DAVID FINCH, d/b/a WILD IOWA. AWA Docket No. 02-0014. Decision and Order. ............................................ 567 DAVID FINCH, d/b/a WILD IOWA. AWA Docket No. 02-0014. Order Denying Petition for Reconsideration. ......................... 593 BEEF PROMOTION AND RESEARCH ACT COURT DECISION JEANNE CHARTER AND STEVE CHARTER, PETITIONERS, AND DARRELL ABBOTT, ET AL., INTERVENORS v. USDA. CV 00-198-BLG-RFC. .......................................... 598 ii DEBARMENT AND SUSPENSION (NON- PROCUREMENT) DEPARTMENTAL DECISION SUN MOUNTAIN LOGGING, L.L.C., SHERMAN G. ANDERSON, AND BONNIE ANDERSON. DNS-FS Docket No. 02-0001. Decision and Order. ............................................ 627 EQUAL ACCESS TO JUSTICE ACT COURT DECISION EDWARD A. BRANSTAD AND MONROE BRANSTAD v. USDA. C 00-3072-MWB, C 01-3030-MWB. .............................. 633 FEDERAL MEAT INSPECTION ACT COURT DECISIONS FARM SANCTUARY, INC. AND MICHAEL BAUR v. USDA. No. 01 Civ. 9877(NRB). ........................................ 651 FRED L. DAILEY, DIRECTOR OF THE OHIO DEPARTMENT OF AGRICULTURE v. USDA. No. 01-3146. ..................................................657 FOOD STAMP PROGRAM ACT COURT DECISIONS AMEIRA CORPORATION, d/b/a JOHN'S CURB MARKET v. USDA, et al. No. 1:01CV00673. ............................................. 665 FIRAS SALMO, SALMO, INC., d/b/a VALUE KING SUPERMARKET v. USDA. 2002 WL 31322545. ............................................ 668 iii HORSE PROTECTION ACT COURT DECISIONS AMERICAN HORSE PROTECTION ASSOCIATION, INC. v. USDA (and SHOW HORSE SUPPORT FUND - INTERVENOR). No. CIV.A.01-28(HHK/JMF). .................................... 674 WILLIAM J. REINHART v. USDA. No. 01-3283. 2002 WL 1492097 (6th Cir.). ..................................... 681 AMERICAN HORSE PROTECTION ASSOCIATION, INC. v. USDA. Civil Action 01-00028 (HHK). .................................... 684 PLANT PROTECTION ACT COURT DECISION INTERCITRUS, IBERTRADE COMMERCIAL CORP., AND LGS SPECIALITY SALES, LTD. v. USDA. No. CIV.A. 02-1061. ........................................... 695 PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION ACT COURT DECISION MICHIGAN PORK PRODUCERS, et al. v. CAMPAIGN FOR FAMILY FARMS, et al. v. USDA. Case No. 1:01 ................................................. 710 PLANT QUARANTINE ACT DEPARTMENTAL DECISION KHALID AL-KHATIB. P.Q. Docket No. 01-0003. Decision and Order. ............................................ 736 iv MISCELLANEOUS ORDERS THE COULSTON FOUNDATION. AWA Docket No.01-0044. Order Dismissing Complaint. ..................................... 744 STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES. FSP Docket No. 02-0006. Withdrawal of Appeal. .......................................... 744 ROBERT B. MCCLOY, JR. HPA Docket No. 99-0020. Stay Order ...................................................745 JEAN D. PHILLIPS, BRUCE PHILLIPS, AND MICKEY JOE MCCORMICK. HPA Docket No. 01-0028. Order Dismissing Complaint Against Bruce Phillips. .................. 745 BRUCE EDWIN BAUCOM, a/k/a EDDIE BAUCOM, CHAD BAUCOM, AND JEANETTE BAUCOM, a/k/a JEANETTE MELINDA BAUCOM, INDIVIDUALS d/b/a BAUCOM STABLES, AN UNINCOPORATED ASSOCIATION AND TRACY C. GUNTER, JR., AN INDIVIDUAL; AND JEANETTE MELINDA BAUCOM, AN INDIVIDUAL. HPA Docket No. 01-0002 and HPA Docket No. 01-0015. Dismissal of the Complaint as to Chad Baucom. ...................... 746 LINK WEBB, HEIRWAY FARMS, AND BOBBY BIGGS HPA Docket No. 01-0010 Dismissal of Complaint as to Respondent Bob Culbreath ............... 747 PIONEER STABLES, A GENERAL PARTNERSHIP OR UNINCORPORATED ASSOCIATION; FRED DILLION, AN INDIVIDUAL; DALE WATTS, AN INDIVIDUAL; LUCY WATTS, AN INDIVIDUAL; AND HERBERT G. WEILER, JR., AN INDIVIDUAL. HPA Docket No. 01-0021. Dismissal as to Respondents Pioneer Stables and Dale Watts. ........... 747 v J.R. SIMPLOT COMPANY. PVPA Docket No. 02-0001. Order as to Commissioner’s Answer. ............................... 748 J.R. SIMPLOT COMPANY. PVPA Docket No. 02-0001. Order to Show Cause. ........................................... 749 J.R. SIMPLOT COMPANY. PVPA Docket No. 02-0002. Order as to Commissioner’s Answer.. .............................. 750 J.R. SIMPLOT COMPANY. PVPA Docket No. 02-0001. Ruling on Order to Show Cause. ..................................751 DEFAULT DECISIONS AGRICULTURAL MARKETING AGREEMENT ACT CALE BLOCKER, AN INDIVIDUAL. AMAA Docket No. 01-0004. Decision and Order. ............................................ 753 EDWARD MARTIN, d/b/a EDWARD MARTIN ORCHARDS, A SOLE PROPRIETORSHIP. AMAA Docket No. 01-0001. Decision and Order ............................................. 754 ANIMAL QUARANTINE ACT ROBERT K. GRIDER. A.Q. Docket No. 02-0003. Decision and Order. ............................................ 758 ANIMAL WELFARE ACT JACK OSTERHOUT d/b/a JACK’S PETTING ZOO. AWA Docket No. 01-0050. Decision and Order. ............................................ 761 vi BETTY MOREY a/k/a BETTY FARAONE. AWA Docket No. 02-0012. Decision and Order. ............................................ 762 THOMAS W. RASPOPTSIS d/b/a PETS-N-US. AWA Docket No. 02-0027. Decision and Order. ............................................ 764 FEDERAL CROP INSURANCE ACT JOHN HOUCHIN. FCIA Docket No. 02-0001. Decision and Order. ............................................ 768 KENNETH
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