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Baha Enterprises II Inc. d/b/a Mobil, DAB No. 3028 (2021)


Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Appellate Division

Baha Enterprises II Inc. d/b/a Mobil

Docket No. A-21-26
Decision No. 3028
January 29, 2021

DECISION TO DECLINE REVIEW OF ADMINISTRATIVE LAW JUDGE DECISION

This case is before the Departmental Appeals Board on a notice of appeal filed by Respondent Baha Enterprises II Inc. d/b/a Mobil.  Respondent timely appealed a December 21, 2020 Administrative Law Judge (ALJ) initial decision, Baha Enterprises II Inc. d/b/a Mobil, DAB TB5271 (2020).  In that decision, the ALJ found that Respondent had committed seven violations of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and its implementing regulations, 21 C.F.R. Part 1140, within a 48-month period and entered judgment against Respondent in the amount of $3,500.

We have considered Respondent’s notice of appeal and examined the record.  Based on this review, we find no basis to disturb the ALJ’s initial decision.  We therefore decline review of the ALJ’s initial decision.  See 21 C.F.R. § 17.47(j).  Thus, the ALJ’s initial decision becomes final and binding 30 days after this declination.  Id.

/s/

Leslie A. Sussan Board Member

/s/

Constance B. Tobias Board Member

/s/

Susan S. Yim Presiding Board Member

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