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New Mexico Lawyer Search - Listings for Ramirez Larry Atty
Name: Ramirez Larry Atty
Address: 2020 S Solano Dr Ste B Las Cruces, NM 88001
Phone Number: 505-532-9672
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Specialties:
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Wills, Estates, Trusts & Probate Law
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Cases related to this attorney's specialties:
SUPREME BEEF PROC v US DEPT OF AGRI REVISED DECEMBER 17, 2001 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-11008 SUPREME BEEF PROCESSORS, INC, Plaintiff-Appellee, versus UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellant. Appeal from the United States District Court For the Northern District of Texas December 6, 2001 Before REAVLEY, HIGGINBOTHAM, and PARKER, Circuit Judges. PATRICK E. HIGGINBOTHAM, Circuit Judge: Certain meat inspection regulations promulgated by the Secretary of Agriculture, which deal with the levels of Salmonella in raw meat product, were challenged as beyond the statutory authority granted to the Secretary by the Federal Meat Inspection Act. The district court struck down the regulations. We hold that the regulations fall outside of the statutory grant of rulemaking authority and affirm. I The Federal Meat Inspection Act authorizes the Secretary of Agriculture to "prescribe the rules and regulations of sanitation" covering slaughtering, meat canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, goats, horses, mules and other equines are slaughtered and the meat and meat food products thereof are prepared for commerce....(1) Further, the Secretary is commanded to, where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, ... refuse to allow said meat or meat food products to be labeled, marked, stamped, or tagged as "inspected and passed."(2) In sum, the FMIA instructs the Secretary to ensure that no adulterated meat products pass USDA inspection, which they must in order to be legally sold to consumers.(3) The FMIA contains several definitions of "adulterated," including 21 U.S.C. § 601(m)(4), which classifies a meat product as adulterated if "it has been prepared, packed, or held under insanitary conditions whereby it may have become contaminated with f...
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