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AGRICULTURE DECISIONS is an official publication by the Secretary of Agriculture consisting of decisions and orders issued in formal adjudicatory administrative proceedings conducted for the Department under various statutes and regulations pursuant to the Administrative Procedure Act. For the convenience of the public, rulings issued by the Department's administrative law judges on the appeal of nonprocurement debarments and suspensions and 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.

Consent Decisions entered subsequent to December 31, 1986, are no longer published. However, a list of the decisions is included. (53 Fed. Reg. 6999, March 4, 1988.) The decisions are on file and may be inspected upon request made to the Hearing Clerk, Office of Administrative Law Judges.

Beginning in 1989, AGRICULTURE DECISIONS is comprised of three Parts, each of which is published every six months. Part One is organized 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 or decision numbers, e.g., D-578; S. 1150, and the use of such references generally indicates that the decision has not been published in AGRICULTURE DECISIONS.

Direct all inquiries regarding this publication to: Editors, Agriculture Decisions, Hearing Clerk Unit, Office of Administrative Law Judges, U.S. Department of Agriculture, Room 1081 South Building, Washington, D.C. 20250-9200, Telephone: (202) 720-4443.

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Regulatory Agencies are the Departmental parties in adjudicatory proceedings before the Secretary of Agriculture.

Adjudications under the following statutes involve the Animal and Plant Health Inspection Service (APHIS):

Animal Quarantine Act, 21 U.S.C. § 104 (AQ Docket)

(including Veterinary Accreditation Cases (VA Docket))
Animal Welfare Act, 21 U.S.C. § 2149 (AWA Docket)
Cattle Contagious Diseases Act, 21 U.S.C. §§ 111, 120, 122

(AQ Docket)

Horse Protection Act, 15 U.S.C. § 1821 et seq. (HPA Docket)

Plant Quarantine Act, 7 U.S.C. § 163 (PQ Docket)

Plant Variety Protection Act, 7 U.S.C. § 2321 et seq. (PVPA Docket)

Swine Health Protection Act, 7 U.S.C. § 3804(b), 3805(a))

(AQ Docket)

Adjudications under the following statutes involve the Agricultural Marketing Service (AMS):

Agricultural Marketing Agreement Act, 7 U.S.C. §§ 608c(15)(A) 14(B)

(AMA F&V, AMA M, and AMAA Dockets)

Beef Protection Research Act, 7 U.S.C. § 2901 et seq.

(BPRA Docket)

Egg Research & Consumer Information Act, 7 U.S.C. § 2701

(ERCIA Docket)

Egg Products Inspection Act, 21 U.S.C. § 1047 (I&G Docket)
Honey Research Promotion Consumer Information Act,

7 U.S.C. §§ 4601-4612 (HRPCIA Docket)

Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq.

(PACA Dockets)

Potato Research & Promotion Act, 7 U.S.C. § 2611-2617

(PRPA Docket)

Adjudications under the following statutes involve the Food Safety and Inspection Service (FSIS):

Federal Meat Inspection Act, 21 U.S.C. §§ 604, 606, 607(e), 608,

671(a) (FMIA Docket)

Poultry Products Inspection Act, 21 U.S.C. §§ 455, 456, 457(d), 467(a)

(PPIA Docket)

Adjudications under the following statute involve the Packers and Stockyards Administration (P&S):

Packers and Stockyards Act, 7 U.S.C. § 181 et seq. (P&S Docket)

ii

JANUARY - JUNE 1994

AGRICULTURAL MARKETING AGREEMENT ACT

COURT DECISION

MINNESOTA MILK PRODUCERS ASSOCIATION V. CLAYTON YEUTTER.
Civ. No. 4-90-31

DISCIPLINARY DECISIONS

1

HERSHEY CHOCOLATE U.S.A. 91 AMA Docket No. M 2-76 and 93 AMA Docket No. M 2-77. Decision and Order

17

ANIMAL QUARANTINE AND RELATED LAWS

DEPARTMENTAL DECISIONS

CORINA M. DOWNS. A.Q. Docket No. 92-19. Decision and Order

60

Carlos OSCAR MARTINEZ. A.Q. Docket No. 94-8. Decision and Order

65

ENNIS D. PRIEST, ET AL. A.Q. Docket No. 92-64. Decision and Order as to Ennis D. Priest and Van Zandt Commission Co. Inc.

70

ANIMAL WELFARE ACT

COURT DECISION

RONNIE FAIRCLOTH, JR'S AUTO & PARTS, INC. V. U.S.
DEPARTMENT OF AGRICULTURE. No. 93-2134

...

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