Public Affairs
WASHINGTON, Aug. 31, 2020 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat, and poultry industries, on Aug. 26, 2020, the U.S. Department of Agriculture (USDA) issued a complaint against Richard Gresham, doing business as H & D Cattle (Gresham) of Cushing, Texas, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that from January through April 2018, Gresham failed to pay, when due, the full purchase price of livestock in 18 transactions totaling $289,286. Payments made ranged from 3 to 13 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 pay promptly for livestock 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 the notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, Gresham may be ordered to cease and desist from continuing violations of 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 (515) 323-2586, or by email at stuart.frank@usda.gov.
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