Release No.: 139-19
WASHINGTON, Oct. 23, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Oct. 4, 2019, the U.S. Department of Agriculture (USDA) reached a consent decision (“Decision”) with Nicholas Meat LLC and Eugene Nicholas for alleged violations of the Packers and Stockyards (P&S) Act.
Respondents Nicholas Meat LLC and Eugene Nicholas admitted the jurisdictional allegations in the Complaint and specifically admitted that the Secretary has jurisdiction in this matter, neither admitted nor denied the remaining allegations, waived oral hearing and further procedure, and waived all rights to seek judicial review and otherwise challenge or contest the validity of the Decision. Nicholas Meat LLC and Eugene Nicholas consented and agreed, strictly for the purpose of settling this proceeding and for such purpose only, to the entry of the Decision.
The amended administrative complaint in this case was filed by USDA’s Agricultural Marketing Service on Dec. 21, 2018, alleging that from June 1, 2015, to July 31, 2015, Nicholas operated as a packer buying livestock in commerce for the purpose of slaughter without maintaining an adequate bond or bond equivalent. There were no allegations that Nicholas failed to timely pay livestock sellers. Failure to maintain an adequate bond or bond equivalent is a violation of the P&S Act. The amended complaint was docketed as P&S Docket Nos. 18-0061 and 19-0013. The consent decision is available at https://www.usda.gov/oha/services/decisions-and-determinations.
Nicholas Meat LLC and Eugene Nicholas have since obtained and filed an appropriate packer bond and have submitted their required reports. Under the consent decision, Nicholas must continue to maintain an adequate bond or bond equivalent, keep such records fully and correctly disclose all transactions and ownership of the business, and continue to file its required annual reports.
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, Packers and Stockyards Division, at (515) 323-2586, or by email at stuart.frank@usda.gov.
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