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Findings of Fact

1. Respondent Custom Raisin Packing, Inc., aka Custom Raisin Packing Co. and Custom, Inc., ("Custom Raisin"), is a Nevada corporation whose mailing address is 2 1853 Road 24, Madera, California 93638.

2. Respondent John C. Bowersox ("Bowersox") is an individual whose mailing address is 17305 Road 26, Madera, California 93638. Respondent Bowersox is the president, secretary, treasurer, and sole shareholder of respondent Custom Raisin. At all times mentioned herein, respondents Custom Raisin and Bowersox were engaged in business as handlers of raisins produced from grapes grown in California, and were subject to the Act, Order, and Regulations.

3. Respondents failed to hold 41,596 pounds of standard raisins in reserve for the 1994-1995 crop year, and failed to hold 78,277 pounds of standard raisins in reserve for the 1995-1996 crop year.

4. Respondents failed to deliver 41,596 pounds of standard raisins to the Raisin Administrative Committee (the "RAC"), for the 1994-1995 crop year, and failed to deliver 78,277 pounds of standard raisins to the RAC for the 1995-1996 crop year.

5. Respondents failed to file with the RAC timely reports of standard raisin acquisition (Form RAC-1), on at least 21 occasions in crop year 1994-1995.

6. Respondents failed to file with the RAC accurate and timely reports of standard raisin acquisition (Form RAC-1), on at least 19 occasions in crop year 1995-1996.

7. Respondents failed to file with the RAC reports of the acquisition of dipped seedless raisins, golden raisins, and other seedless raisins (Form RAC-1), for crop year 1995-1996.

8. On twelve occasions, respondents failed to file with the RAC timely reports of the disposition of free tonnage raisins (Form RAC-20), for crop year 1994-1995.

9. On two occasions, respondents failed to file with the RAC timely reports of the disposition of free tonnage raisins (Form RAC-20), for crop year 1995-1996.

10. On at least two occasions, respondents failed to file with the RAC reports of the acquisition of raisins produced outside California (Form RAC-500), for crop year 1995-1996.

11. Respondents failed to file with the RAC a record of the status of reserve pool raisins (Form RAC-7), for crop years 1994-1995 and 1995-1996.

12. Respondents failed to file with the RAC monthly reports of the disposition of off-grade raisins, other failing raisins and raisin residual material (Form RAC-32) for crop years 1994-1995 and 1995-1996.

13. Respondents failed to file with the RAC reports of the inventory of free

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56 Agric. Dec. 1661

tonnage standard raisins (Form RAC-50) for crop years 1994-1995 and 1995-1996.

14. Respondents failed to file with the RAC reports of the inventory of offgrade raisins on hand (Form RAC-51) for crop years 1994-1995 and 1995-1996.

15 On or about May 7,9, 23, 24, and 30, 1996, respondents shipped natural condition raisins, without having them inspected.

16. Respondents failed to pay to the RAC assessments for crop years 19941995 and 1995-1996, in the amount of $1,814.36 (for crop year 1994-1995) and $1,512.47 (for crop year 1995-1996).

Conclusions

1. The Secretary of Agriculture has jurisdiction in this matter.

2. By reason of the facts set forth in the Findings of Fact above, the respondent has violated sections 989.59(a), 989.66, 989.67, 989.73, 989.80 of the Order (7 C.F.R. $$ 989.59(a), 989.66, 989.67, 989.73, 989.80), and sections 989.159, 989.166 and 989.173 of the Regulations (7 C.F.R. $$ 989.159, 989.166,989.173).

3. The following Order is authorized by the Act and warranted under the circumstances.

Order

1. Respondents are assessed a civil penalty of $98,000, which shall be paid by a certified check or money order made payable to the Treasurer of the United States.

2. Respondents, their agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder, and in particular, from paying to the Raisin Administrative Committee $1,814.36 and $1,512.47 in past due assessments, plus interest, for crop years 1994-1995, and 1995-1996 respectively.

The provisions of this order shall become effective on the first day after this decision becomes final. This decision becomes final without further proceedings 35 days after service as provided in sections 1.142 and 1.145 of the Rules of Practice. Copies of this decision shall be served upon the parties.

(This Decision and Order became final July 15, 1997.-Editor)

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ANIMAL QUARANTINE AND RELATED LAWS

In re: C. DAILY.
A.Q. Docket No. 96-0009.
Decision and Order filed May 16, 1997.

Failure to file an answer - Importation of ham, liverwurst, bacon and salami from Germany into the United States without a certificate-Civil penalty.

Jane H. Settle, for Complainant.
Respondent, Pro se.
Decision and Order issued by James W. Hunt, Administrative Law Judge.

This is an administrative proceeding for the assessment of a civil penalty, as authorized by section 3 of the Act of February 2, 1903, as amended (21 U.S.C. 122), for a violation of the regulations governing the importation of meat products from Germany (9 C.F.R. $ 94 et seq.) hereinafter referred to as the regulations, in accordance with the Rules of Practice in 9 C.F.R. § 70.1 et seq., and 7 C.F.R. §

1.130 et seq.

This proceeding was instituted under the Act of February 2, 1903, as amended (21 U.S.C. § 111) and regulations promulgated thereunder (9 C.F.R. $ 94 et seq.), by a complaint filed on February 22, 1996, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. This complaint alleges that on or about June 22, 1995, respondent imported approximately two hams, two liverwursts, one package of bacon, and two salamis from Germany into the United States in violation of 9 C.F.R. § 94.11, because such products were not accompanied by a certificate, as required.

The respondent failed to file an answer within the time prescribed in 7 C.F.R. & 1.136(a). Section 1.136(c) of the Rules of Practice (7 C.F.R. $ 1.136(c)) provides that the failure to file an answer within the time provided under 7 C.F.R. § 1.136(a) shall be deemed an admission of the allegations in the complaint. Further, the failure to file an answer constitutes a waiver of hearing. (7 C.F.R. § 1.139). Accordingly, the material allegations in the complaint are adopted and set forth in this Default Decision as the Findings of Fact, and this Decision is issued pursuant to section 1.139 of the Rules of Practice applicable to this proceeding. (7 C.F.R. S 1.139).

Findings of Fact

1. C. Daily is a person whose mailing address is A6/43 ADA, CMR 417 Box

56 Agric. Dec. 1664

5530, APO AE 09264.

2. On or about June 22, 1995, respondent imported approximately two hams, two liverwursts, one package of bacon, and two salamis from Germany into the United States in violation of 9 C.F.R. $ 94.11, because such products were not accompanied by a certificate, as required.

Conclusion

By reason of the Findings of Fact set forth above, the respondent has violated the Act of February 2, 1903, as amended, and the regulations issued under that Act (9 C.F.R. & 94 et seq.). Therefore, the following Order issued.

Order

The respondent is hereby assessed a civil penalty of three hundred seventy-five dollars ($375.00).' This penalty shall be payable to the “Treasurer of the United States” by certified check or money order, and shall be forwarded to:

United States Department of Agriculture
APHIS Field Servicing Office
Accounting Section
P.O. Box 3334
Minneapolis, Minnesota 55403

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within thirty (30) days from the effective date of this Order. Respondent shall indicate that payment is in reference to A.Q. Docket No. 96-09.

This order shall have the same force and effect as if entered after a full hearing and shall be final and effective thirty five (35) days after service of this Default Decision and Order upon respondent, unless there is an appeal to the Judicial Officer pursuant to section 1.145 of the Rules of Practice applicable to this proceeding. (7 C.F.R. § 1.145).

(This Decision and Order became final July 2, 1997.-Editor)

'The respondent has failed to file answer, and, under the Rules of Practice applicable to this proceeding, the Department is not required to hold a hearing. Therefore, the civil penalty requested is reduced by one-half in accordance with the Judicial Officer's Decision in In re: Bobo 49 Agric. Dec. 849 (1990)

In re: GLORIA SOLIS.
A.Q. Docket No. 97-0001.
Decision and Order filed July 29, 1997.

Failure to file an answer - Importation of horses from Mexico into the U.S. - Failure to enter the U.S. at a designated border port- Failure to submit to inspection at a port of entry - Failure to accompany horses with a veterinary certificate - Failure to quarantine horses.- Civil penalty.

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Susan Golabek, for Complainant.
Respondent, Pro se.
Decision and Order issued by James W. Hunt, Administrative Law Judge.

This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the importation of horses into the United States (9 C.F.R., Subpart C), hereinafter referred to as the regulations, in accordance with the Rules of Practice in 7 C.F.R. & 1.130 et seq. and 7 C.F.R. § 380.1 et seq.

This proceeding was instituted by a complaint filed on November 8, 1996, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. This complaint alleged that on or about February 1, 1995, respondent moved approximately three horses from Anahuac, Coahila, Mexico to Rio Bravo, Texas, in violation of the Act and the following regulations: (1) 9 C.F.R. $$ 92.303(a) and 92.303(c), because the horses were not entered into the United States at a designated land border port; (2) 9 C.F.R. $ 92.306, because the horses were not inspected at a port of entry, as required; (3) 9 C.F.R. & 92.314, because the horses were not accompanied by a certificate of a salaried veterinary officer of the national government of the country of origin or by a certificate issued by a veterinarian accredited by the National Government of Mexico and endorsed by a full-time salaried veterinary officer of the National Government of Mexico; and (4) 9 C.F.R. $ 92.324, because the horses were not quarantined, as required.

The respondent failed to file an answer within the time prescribed in 7 C.F.R. S 1.136(a). Section 1.136(c) of the Rules of Practice provides that the failure to file an answer within the time provided under section 1.136(a) shall be deemed an admission of the allegations in the complaint. 7 C.F.R. § 1.136(c). Further, the failure to file an answer constitutes a waiver of hearing. 7 C.F.R. § 1.139. Accordingly, the material allegations alleged in the complaint are adopted and set forth herein as the Findings of Fact, and this Decision is issued pursuant to section 1.139 of the Rules of Practice applicable to this proceeding. 7 C.F.R. § 1.139.

Findings of Fact

1. Gloria Solis, respondent herein, is an individual with a mailing address of

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