AMS Reaches a Consent Decision with JBS USA LLC

Date: 
Thursday, July 12, 2018 - 12:00pm
Contact Info: 

Release No.: 093-18

WASHINGTON, July 12, 2018 – The Agricultural Marketing Service (AMS) reached a consent decision with JBS USA LLC, also known as Swift Beef Company (JBS Swift), Greeley, Colo., for alleged violations of the Packers and Stockyards (P&S) Act.  The consent decision was signed by Acting Chief Administrative Law Judge, Channing D. Strother on June 28, 2018.

AMS conducted an investigation that revealed JBS Swift failed to maintain and operate its dynamic monorail scales to ensure accurate weights at its Cactus, Texas facility on August 9, 2016 and Greeley, Colorado facility on December 1, 2016.  JBS Swift used inaccurate scales to weigh beef carcasses that recorded inaccurate or incorrect weights on accountings issued to sellers.

JBS Swift was notified of such violations and immediately made adjustments as evidenced in subsequent passing scale tests.  JBS Swift paid a civil penalty of $29,000 and consented to a cease and desist order to maintain correct and accurate scales that records accurate and correct weights on scale tickets, internal records, kill sheets or other accounting issued to sellers of livestock.

The practice of failing to maintain a correct and accurate scale at its Cactus, Texas and Greeley, Colorado beef plants resulting in paying livestock sellers on inaccurate hot carcass weights is a violation of section 202(a) of the Act (7 U.S.C.§ 192 (a)), section 401 of the Act (7 U.S.C.§ 221 b), and sections 201.71(a), and 201.99(b) of the P&S regulations (9 C.F.R. §§ 201.71.and 201.99).

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 Brett Offutt, Fair Trade Practices Program, Packers and Stockyards Division, at (202) 720-7051, or by email at s.brett.offutt@ams.usda.gov.

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