Public Affairs
WASHINGTON, Aug. 17, 2020 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Aug. 10, 2020, the U.S. Department of Agriculture (USDA) reached a consent decision with John P. Horton (Horton), Gravette, Ark., for an alleged violation of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service resulted in the issuance of a complaint on Oct. 7, 2019, against Horton. The investigation revealed that from March 2017 through August 2017, Horton failed to pay timely for livestock purchases totaling $346,568. The investigation also revealed that Horton issued three checks for livestock purchases totaling $34,649 without sufficient funds in its bank account to support the payment of those checks.
Under the consent decision, Horton was ordered to cease and desist from failing to pay, when due, for livestock purchases, when acting as a dealer or market agency, and assessed a civil penalty of $850. The full Consent Decision is available at https://www.usda.gov/oha/oalj
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 timely pay 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 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 P&S Act, contact Stuart Frank, Director, Packers and Stockyards Division, Fair Trade Practices Program at (515) 323-2586, or by email at stuart.frank@usda.gov.
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