AZ & Bemnet LLC d/b/a Gasco Food Mart, DAB No. 3221 (2026)

DECISION TO DECLINE REVIEW OF
ADMINISTRATIVE LAW JUDGE DECISION

AZ & Bemnet LLC d/b/a Gasco Food Mart (Respondent) appeals to the Departmental Appeals Board (Board) from an Administrative Law Judge’s October 14, 2025 Initial Decision and Default Judgment (ALJ Decision).  AZ & Bemnet LLC d/b/a Gasco Food Mart, DAB TB9799 (2025).  The ALJ Decision imposed a $7,115 civil money penalty on Respondent for 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.  ALJ Decision at 3.

Respondent has not specified any basis for Board review as the governing regulations require.  Respondent’s appeal filing consists only of a copy of the ALJ Decision, and does not include the regulation-required “written brief” or identification of “specific exceptions to the initial decision,” supported “with citations to the record,” with explanation of “the basis for each exception.”  21 C.F.R. § 17.47(c).

Accordingly, the Board has determined to “decline to review the case,” and the ALJ Decision becomes final and binding 30 days after this declination.  21 C.F.R. § 17.47(j).