American Raisin Packers, Inc. v. United States Department of Agriculture
Opinion
Opinion
Ishii, J.
ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This action is an appeal of a decision by the United States Department of Agriculture (“USDA”) that resulted in Plaintiff American Raisins Packers, Inc.’s disbarment from inspection services for one year. This court has jurisdiction pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1346 (a)(2).
PROCEDURAL HISTORY
A. Background of Administrative Proceedings
Plaintiff is a processor of California raisins. In August 1998, Plaintiff sold raisins to the USDA pursuant to USDA Invitation Number 21, issued on June 3, 1998, solicit ing bids for Thompson Seedless Raisins for domestic feeding programs.
On December 3, 1998, the Agricultural Marketing Service (“AMS”), an agency of the USDA, filed a complaint before the Secretary of Agriculture. The complaint was filed pursuant to the Agricultural Marketing Act of 1946, as amended, 7 U.S.C. §§ 1621-1632 , and the regulations and standards issued under the Agricultural Marketing Act, 7 C.F.R. Part 52. The complaint alleged that between August 5 and August 11, 1998, Plaintiff violated 7 C.F.R. § 52.54 by misrepresenting Golden Raisins as…