Release No.: 041-20
WASHINGTON, Feb. 24, 2020 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Feb. 12, 2020, the U.S. Department of Agriculture (USDA) reached a consent decision with Salvatore Anthony DiMaria (DiMaria) and ADD Enterprises Inc. (ADD) of Dix Hill, N.Y., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that DiMaria and ADD failed to pay the full purchase price for 1,436 head of livestock, totaling $1,746,464 from Feb.12, 2018, through June 17, 2019. Additionally, DiMaria and ADD failed to timely pay for 331 head of livestock, totaling $400,748 from March 19, 2018, through Aug. 6, 2018.
The consent decision orders DiMaria and ADD to cease and desist from failing to pay livestock sellers the full purchase price and failing to pay the full purchase price when due. In addition, DiMaria and ADD were assessed a civil penalty of $1,756,464 of which $10,000 was immediately due and payable. The remaining balance was held in abeyance according to terms agreed to. DiMaria and ADD are to pay the entire amount owed to livestock sellers, without accumulating further debt to sellers. DiMaria and ADD have until Feb. 26, 2020, to eliminate their debt to livestock sellers.
The P&S Act requires subject entities to issue the full payment for livestock by the close of the first business day following the purchase and transfer of possession. Failure to pay for livestock purchases when due is 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, 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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