Release No.: 158-19
WASHINGTON, Nov. 27, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Nov. 19, 2019, the U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Joseph W. White, American Cattle Co., LLC, doing business as American Cattle, American Beef, and American Beef Company (White and American Cattle) of Clovis, New Mexico for alleged violations of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, White and American Cattle waived a hearing and paid a penalty of $3,850.
An investigation by USDA’s Agricultural Marketing Service revealed that White and American Cattle failed to pay timely for livestock purchases totaling $24,911 from Nov. 2, 2018, through Dec. 5, 2018.
The P&S Act requires subject entities to issue the full payment for livestock by the close of the first business day following purchase and transfer of possession. Failure to pay timely for livestock purchases and failure to issue the full payment for purchases is an unfair trade practice and a violation of the P&S Act.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 per violation against any person after notice and opportunity for hearing on the record. USDA may offer alleged violators the option of waiving their right to a hearing and enter into a stipulation agreement to quickly resolve alleged violations.
The P&S Act is a fair trade practice and payment protection law that promotes fair and competitive marketing environments for the livestock, meat and poultry industries.
For further information about the Packers and Stockyards Act, contact Stuart Frank, Packers and Stockyards Division, at (515) 323-2586, or by email at stuart.frank@usda.gov.
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