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UNITED STATES DEPARTMENT OF AGRICULTURE (U.S.D.A.)

IN RE MARSHALL RESEARCH ANIMALS, INC.
United States
39 Agric. Dec. 359 (1980)


Case Details
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Summary:   In this order, the court held that Respondent shall cease and desist from transporting live animals in primary enclosures which are not sufficiently large to insure that each animal contained therein has sufficient space to turn about freely in a standing position using normal body movement, to stand and sit erect, and to lie in a natural position, which spatial requirements are contained in the regulations issued pursuant to the Act. (9 CFR 3.12(c)).

Judge Decision by William J. Weber, Administrative Law Judge delivered the opinion of the court.


Opinion of the Court:

CONSENT DECISION

This is a proceeding under the Animal Welfare Act, as amended (7 U.S.C. 2131 et seq.), hereinafter referred to as the "Act." A complaint issued by the Administrator of the Animal and Plant Health Inspection Service pursuant to the Act and the applicable Rules of Practice (7 CFR 1.130 et seq.) was served upon the respondent named herein. This decision is entered pursuant to the consent decision provision of the Rules of Practice (7 CFR 1.138).

Respondent admits jurisdiction and the findings of fact set forth herein. Respondent waives a hearing and further procedure in this matter and consents to the issuance of this decision agreed upon between the parties for the purpose of settling this matter.

FINDINGS OF FACT

1. Marshall Research Animals, Inc., herein referred to as "respondent," is a corporation with offices in North Rose, New York, the address of which is Box 91, Rural Route 1, North Rose, New York 14516.

2. At all times material herein respondent was licensed as a Class A dealer under the Act. Respondent's license No. 21AP was issued on May 25, 1974.

CONCLUSIONS

Respondent's admission of jurisdiction and the parties' consent to the issuance of this decision without further procedure warrant the entry of such decision in this matter.

*360 ORDER

Respondent, its agents and employees, directly or indirectly through any corporate or other device, in connection with its business as a dealer under the Act, shall cease and desist from transporting live animals in primary enclosures which are not sufficiently large to insure that each animal contained therein has sufficient space to turn about freely in a standing position using normal body movement, to stand and sit erect, and to lie in a natural position, which spatial requirements are contained in the regulations issued pursuant to the Act. (9 CFR 3.12(c))

This decision shall have the same force and effect as a decision entered after full hearing. It shall be final and effective upon issuance.

We hereby consent to the entry of the foregoing Decision.

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