62 Agric. Dec. 720 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. § 1.139). Findings of Fact 1. Francisco Robles, the respondent, is an individual doing business as La Mexicana Enterprises whose mailing address is 301 South Broadway, Yonkers, New York 11368. 2. On or about December 6, 1999, the respondent imported approximately four hundred and thirty-seven (437) fresh canes of sugarcane from Mexico into the United States at Jamaica, New York, in violation of 7 C.F.R. § 319.15(a). 3. On or about December 6, 1999, the respondent also imported approximately three (3) boxes of fresh guavas from Mexico into the United States at Jamaica, New York, in violation of 7 C.F.R. § 319-56(c). 4. On or about December 6, 1999, the respondent also imported approximately three (3) cartons of fresh haw apples (crataegus spp) from Mexico into the United States at Jamaica, New York, in violation 7 C.F.R. § 319.56(c). Conclusion By reason of the Findings of Fact set forth above, the respondent has violated the Acts and the regulations issued under the Acts (7 C.F.R. § 319.56 et seq.). Therefore, the following Order issued. Order Respondent, Francisco Robles, d/b/a. La Mexicana Enterprises, is hereby assessed a civil penalty of one thousand five hundred dollars ($1,500.00). This penalty shall be payable to the "Treasurer of the United States" by certified check or money order, and shall be forwarded within thirty (30) days from the effective date of this Order to: United States Department of Agriculture Accounting Section P.O. Box 3334 Minneapolis, Minnesota 55403 Respondent shall indicate on the certified check or money order that payment is in reference to P.Q. Docket No. 01-0021. 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 7 C.F.R. § 1.145 of the Rules of Practice. [This Decision and Order became final October 16, 2003.-Editor] 62 Agric. Dec. 723 DEFAULT DECISION WATERMELON RESEARCH AND PROMOTION ACT In re: J.D. BOYD WATERMELONS AND JEFFERY D. BOYD. Decision and Order. Filed October 31, 2003. WRPA--Default. Frank Martin, Jr., for Complainant. Respondent, Pro se. Decision and Order issued by Marc R. Hillson, Administrative Law Judge. This proceeding was instituted under the Watermelon Research and Promotion Act, 7 U.S.C. § 4901 et seq. (the "Act"), alleging that the respondents violated the Watermelon Research and Promotion Plan, 7 C.F.R. § 1210.301-1210.405 (the "Plan"), and the rules and regulations issued thereunder, 7 C.F.R. § 1210.500-1210.532 (the "Regulations"). A copy of the complaint and the Rules of Practice governing proceedings under the Act, 7 C.F.R. §§ 1.130-1.151, was served on the respondents by the Office of the Hearing Clerk. Respondents were informed in the letter of service that an answer should be filed pursuant to the Rules of Practice and that failure to answer any allegation in the complaint would constitute an admission of that allegation. Respondents have failed to file an answer within the time prescribed in the Rules of Practice, and the material facts alleged in the complaint, which are admitted as set forth herein by respondents' failure to file an answer, are adopted and set forth herein as Findings of Fact and Conclusions of Law. This decision and order, therefore, is issued pursuant to section 1.139 of the Rules of Practice, 7 C.F.R. §1.139. Findings of Fact and Conclusions of Law 1. Respondent J.D. Boyd Watermelons is a corporation whose address is 17251 Williams Rd., N. Ft. Myers, Florida 33917. 2. Respondent Jeffery D. Boyd is an individual whose address is 17251 Williams Rd., N. Ft. Myers, Florida 33917. 3. At all times material herein, the respondents were handlers of watermelons as defined in the Act, 7 U.S.C. § 4902(4), and the Plan, 7 C.F.R. § 1210.308, and the actions of respondent J.D. Boyd Watermelons were directed, managed, and controlled by respondent Jeffery D. Boyd as president. 4. Respondents violated section 1210.341 of the Plan, 7 C.F.R. § 1210.341,section 1210.350 of the Plan, 7 C.F.R. § 1210.350, and section 1210.518 of the Regulations, 7 C.F.R. § 1210.518, by failing to maintain and file required reports, and by failing to remit assessments owed for crop years 2000, 2001, and 2002. Conclusions 1. The Secretary has jurisdiction in this matter. 2. The following Order is authorized by the Act and warranted under the circumstances. Order 1. Respondents, their agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act, Plan and the regulations issued thereunder, and in particular, shall cease and desist from failing to pay assessments for watermelons handled as required. 2. Respondents are jointly and severally assessed a civil penalty of $10,000 which shall be paid by certified check or money order made payable to the Treasurer of United States. The provisions of this order shall become effective on the first day after this decision becomes final. Pursuant to the Rules of Practice, this decision becomes final without further proceedings 35 days after service as provided in section 1.142 and 1.145 of the Rules of Practice, 7 C.F.R. §§ 1.142 and 1.145. [This Decision and Order became December 12, 2003.-Editor] CONSENT DECISIONS (Not published herein-Editor) AGRICULTURAL MARKETING AGREEMENT ACT J.R. Sales, Inc. and Carr Hussey. AMA WRPA Docket No. 03-0003. 8/22/03. Sunsweet Growers, Inc. AMAA Docket No. 03-0003. 9/22/03. Rio Rico Farms, Inc. AMAA Docket No. 03-0004. 11/13/03. ANIMAL WELFARE ACT City of Los Angeles. AWA Docket No. 01-0047. 7/16/03. Consent Decision and Order as to Ken Alvarez. AWA Docket No. 02-0025. 7/18/03. Consent Decision and Order as to Kenneth Alvarez and Vicki Guerrieri. AWA Docket No. 02-0028. 7/18/03. Winifred M. Canavan d/b/a Westport Aquarium. AWA Docket No. 03-0003. 7/24/03. Kenneth Wiese. AWA Docket No. 02-0008. 7/24/03. Bax Global. Inc., a Delaware corporation. AWA Docket No. 03-0017. 7/24/03. Shannon J. Brockman. AWA Docket No. 03-0033. 8/8/03. Iona Miller and Harlan Miller. AWA Docket No. 03-0006. 8/8/03. Gerald LeRoy Lincoln. AWA Docket No. 02-0002. 9/30/03. Bill Strong d/b/a Bill's Pawn Shop. AWA Docket No. 01-0024. 10/7/03. Clarence and Sue Milliom d/b/a Burkett Lane Aviary. AWA Docket No. 030027. 10/10/03. |