Act. The Court rejected this argument nothing that § 671 was intended by Congress to "add new and different grounds for withdrawal of inspection services under this section and, in doing so explicitly limited the scope of ensuing administrative considerations to questions of unfitness arising from criminal convictions and not others." Id. at 659.
Finally, the Secretary relies most heavily upon Wyszenski Provision Co., Inc. v. Bergland, 39 Agric. Dec. (Feb. 13, 1981) appeal pending, No. 81-816 (E.D.Pa. 1982) which was cited as being "on all fours" with the case at hand.
In Wyszenski, the company's vice-president, Walter Wyszinski, pled guilty to adding a prohibited "meat freshener" to sausage. The Secretary withdrew inspection services indefinitely, to be suspended upon Mr. Wyszinski's disassociation with the firm. The Wyszinski opinion clearly stands for the proposition that although it was never Congress' intent to disenfranchise someone solely because of any felony conviction, if the felony is one that "strikes at the heart of the meat inspection program" it requires a determination of unfitness.
Therefore, as in Wyszinski, because the nature of Mr. Dei's and Toscony's offenses is such that they clearly contravene the purposes of the Federal Meat Inspection Program, it is neither appropriate nor necessary to consider other facts and circumstances, such as the plaintiff's reputation in the community or conditions at the plant. Wyszinski at 11.
Accordingly, the Administrative Law Judge's and Judicial Officer's reliance upon the fact of these convictions in order to find unfitness cannot be said to be arbitrary, or capricious or an abuse of discretion or in any way contrary to law. Furthermore, it cannot be said to be unsupported by substantial evidence in the record.
Despite the seemingly severe consequences of this ruling, this court cannot set aside this agency action.