USDA Reaches a Consent Decision and Civil Penalty with Mark K. Holder, d/b/a Mark Holder Livestock for Packers and Stockyards Act Violations

Date
Thursday, August 27, 2020 - 2:30pm
Contact Info
Release No.
139-20

WASHINGTON, August 27, 2020 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on August 20, 2020, the U.S. Department of Agriculture (USDA) reached a consent decision against Mark K. Holder, doing business as Mark Holder Livestock (Holder) of Hartsville, Tenn., for alleged violations of the Packers and Stockyards (P&S) Act.

An investigation by USDA’s Agricultural Marketing Service revealed that from September through November 2018, Holder failed to pay and failed to pay, when due, for livestock purchases. In its complaint, USDA alleged that Holder issued insufficient funds checks in six transactions.

Under the consent decision, Holder, along with its agents and employees, are ordered to cease and desist from purchasing livestock in commerce and failing to pay the full purchase price for livestock. In addition, Holder was assessed an $85,000 civil penalty, which will be held in abeyance, and is prohibited from registering under the Act for five years beginning Aug. 20, 2020. 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 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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