Agriculture Decisions: Decisions of the Secretary of Agriculture Under the Regulatory Laws Administered in the United States Department of Agriculture, Volume 62, Parts 1-4
U.S. Government Printing Office, 2003
Up to 1988, the December issue contains a cumulative list of decisions reported for the year, by act, docket numbers arranged in consecutive order, and cumulative subject-index, by act.
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62 Agric action Administrative Law agency agent agreed Agriculture inspection certificates alleged allow altered Amended Animal answer appeal application assessed authority Beef civil penalty claim Complainant's complaint conclude constitute copy Court dairy dealer December Decision and Order Default denied Department of Agriculture designation determined dismissed district court Docket Ebony's Bad Bubba effective entered establish evidence exhibiting fact failed failure Farms Federal filed final finding further Hearing hereinafter horse Initial injury issued Judicial Officer Kreider MacClaren March Marketing Marketing Order milk Milk Marketing Motion Officer operation organic PACA parties payment period person petition Petitioner plaintiff Pork procedures proceeding produce producer-handler Protection purchased pursuant reasons received record regulations request Respondent Respondent's risk Rules of Practice S.Ct sanction Secretary served sore speech standards standing statute United States Department USDA violations
Page 622 - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise...
Page 622 - The reviewing court shall: 1 . compel agency action unlawfully withheld or unreasonably delayed; and 2. hold unlawful and set aside agency action, findings, and conclusions found to be: a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; b) contrary to constitutional right, power, privilege, or immunity; c) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
Page 623 - ... unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
Page 806 - If two or more persons conspire either to commit any offense against the United States or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both.
Page 814 - Evidence of a final judgment, entered after a trial or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment...
Page 506 - At the outset, we must determine whether the expression is protected by the First Amendment. For commercial speech to come within that provision, it at least must concern lawful activity and not be misleading.
Page 585 - Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.
Page 804 - Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit...
Page 786 - When construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any...
Page 458 - The Commission shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations.