The American Honey Producers Association, Inc.; Walter L. Wilson; Richard L.Adee; Steve E. Park Apiaries; A.H. Meyer & Sons, Inc.; Lyle Johnston; Coy’s HoneyFarm, Inc.; Price Apiaries; and Tubbs Apiaries, Inc., instituted this proceeding by filing aPetition
on September 28, 2001. Petitioners
filed the Petition pursuant to the Honey
Petitioners entitled their Petition “Petition Pursuant To 7 U.S.C. § 4609Contending That The Honey Research, Promotion, And Consumer InformationLegislation And The Assessments Imposed For The Same Violates Petitioners’ RightsGuaranteed Under The First Amendment Of The United States Constitution And SeekingA Modification Of The Order And An Exemption From The Order And A Refund Of Assessments (7 U.S.C. § 4609; 7 C.F.R. § 1209.402
.)” [hereinafter Petition].
On December 27, 2002, Administrative Law Judge Jill S. Clifton [hereinafter theALJ] issued an Order Realigning the Parties and Amending the Caption in which theALJ: (1) concluded The American Honey Producers Association, Inc., did not havestanding to file a petition pursuant to the Honey Research, Promotion, and ConsumerInformation Act, as amended (7 U.S.C. §§ 4601-4613) [hereinafter the Honey Research,Promotion, and Consumer Information Act]; (2) identified The American HoneyProducers Association, Inc., as a party which cannot obtain the relief sought in thePetition; and (3) amended the case caption to reflect the identification of The AmericanHoney Producers Association, Inc., as a party which cannot obtain the relief sought in thePetition. Jim Robertson, d/b/a Robertson Pollination Service, testified in the February2003 hearing conducted by the ALJ, he was not included as a petitioner in theSeptember 28, 2001, Petition due to inadvertent error (Tr. 134). Following theFebruary 2003 hearing, the ALJ added Jim Robertson, d/b/a Robertson PollinationService, as a petitioner, and on September 7, 2005, the ALJ approved the amendment of the case caption to include Jim Robertson, d/b/a Robertson Pollination Services, as apetitioner (Tr. 687-91; Notice of Filing of Affidavit-Verification-Declaration of JimRobertson Doing Business As Jim Robertson Pollination Service, filed March 24, 2003;the ALJ’s September 7, 2005, Decision [hereinafter Initial Decision] at 12). I treatMr. Robertson as if he had been a petitioner beginning September 28, 2001; therefore, allreferences in this Decision and Order to “Petitioners” include Walter L. Wilson, d/b/aBuzz 76 Apiaries; Richard L. Adee, d/b/a Adee Honey Farms; Steve E. Park Apiaries, aCalifornia corporation; A.H. Meyer & Sons, Inc., a South Dakota corporation; Lyle(continued...)