Public Affairs
WASHINGTON, Nov. 10, 2021 – The U.S. Department of Agriculture (USDA) reached a consent decision with Merlin L. Garver Inc. of Wooster, Ohio, and Merlin Jan Garver of Ohio, on Oct. 14, 2021, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) reviewed purchases of livestock made by Merlin L. Garver Inc., Merlin Jan Garver and three other buyers at three auction markets in Ohio from December 2015 to May 2016. The investigation found that the buyers took turns bidding on livestock and failed to conduct their livestock buying operations in competition with each other. In the complaint, USDA alleged that the agreements to alternate budding and purchases resulted in statistically significant lower payments to livestock sellers than would otherwise have occurred.
Under the consent decision, Merlin L. Garver Inc. and Merlin Jan Garver, without admitting or denying the allegations, agreed to an order that they would cease and desist from agreeing, or otherwise arranging, to take turns with other buyers when bidding on livestock at livestock auction markets, and failing to conduct buying operations in competition with other livestock dealers. Merlin L Garver Inc. and Merlin Jan Garver were assessed a civil penalty of $11,000, which has been paid. The full decision and order issued by the USDA Administrative Law Judge will be available on the AMS Packers and Stockyards Enforcement page.
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 Kraig Roesch, Packers and Stockyards Division, at (303) 375-4291, or by email at kraig.roesch@usda.gov.
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