WASHINGTON, Aug. 23, 2021 – The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) issued an administrative complaint on July 23, 2021, against Joe John Garcia, doing business as Isleta Feed & Livestock (Garcia), of New Mexico, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that during the period on or about May 5, 2016, through Jan. 5, 2017, while suspended as a registrant under the Act, Garcia purchased 660 head of livestock for $71,083 and resold them through his place of business, Isleta Feed & Livestock.
Also, from June 9, 2016, to Jan. 5, 2017, in violation of a Secretary’s Order, Garcia failed to pay when due as required by the Act in five transactions consisting of 152 head of cattle purchased for $15,488, with a net invoice of $15,753. Payments ranged from one to seven days late.
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 authorizes the Secretary of Agriculture to assess civil penalties up to $29,270 per violation against any person after notice and opportunity for hearing on the record. If the allegations are admitted, or proven in an oral hearing, Garcia may be ordered to cease and desist from violating the (P&S) Act and assessed a civil penalty.
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 (202) 720-7051, or by email at Stuart.Frank@usda.gov.
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