WASHINGTON, April, 2, 2021 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Dec. 28, 2020, the U.S. Department of Agriculture (USDA) issued a complaint and notice of hearing against Murray Bresky Consultants LTD, doing business as Murray’s Chicken (Murray’s) of South Fallsburg, N.Y., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that Murray’s willfully violated sections of the Packers and Stockyards Act and its attendant regulations by failing to pay, when due, the full purchase price for poultry as prescribed by sections 410 of the Packers and Stockyards Act (7 U.S.C. § 228b-1) and section 201.43 of the regulations (9 C.F.R. § 201.43).
On Jan. 15, 2021, USDA and Murray’s agreed to enter into a Consent Decision and Order, without hearing or further procedure, pursuant to the consent decision provisions of the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes (7 C.F.R. § 1.138) (Rules of Practice). Murray admits the jurisdictional allegations in paragraph I of the Complaint and specifically admits that the Secretary has jurisdiction in this matter; neither admits nor denies the remaining allegations; waives all rights to seek judicial review and otherwise challenge or contest the validity of this decision, including waiving challenges to the Administrative Law Judge’s authority to enter this Decision and Order under the Administrative Procedure Act and the Constitution of the United States, and waives any action against the United States Department of Agriculture under the Equal Access to Justice Act of 1980 (5 U.S.C. § 504 et seq.) for fees and other expenses incurred by Respondent in connection with this proceeding or any action against any USDA employee in their individual capacity; waives oral hearing and further procedure; and consents and agrees, for the purpose of settling this proceeding and for such purpose only, to the entry of this Decision.
Under the consent decision and order, Murray’s was ordered to cease and desist from purchasing poultry in commerce and failing to pay, when due, the full purchase price of such livestock as prescribed by sections 410 of the Packers and Stockyards Act (7 U.S.C. § 228b-1) and section 201.43 of the regulations (9 C.F.R. § 201.43). A copy of the full Consent Decision is available.
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 Jeana Harbison, Packers and Stockyards Division, at (202) 720-7051, or by email at Jeana.M.Harbison@usda.gov.
#
Get the latest Agricultural Marketing Service news at www.ams.usda.gov/news or follow us on Twitter
@USDA_AMS. You can also read about us on the USDA blog.
USDA is an equal opportunity provider, employer, and lender