Public Affairs
WASHINGTON, May 1, 2023 – The U.S. Department of Agriculture (USDA) issued a complaint against Adam T. Smith, doing business as Adam Smith Livestock (Smith) of Spring Mills, Pa., on April 11, 2023, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that Smith failed to pay when due for 11 transactions totaling $148,483 from June 18, 2020, to Sept. 16, 2021. In addition, Smith issued a check in January 2021 in the amount of $13,444.90 for 88 head of livestock without sufficient funds in his bank account.
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 is a violation of the P&S Act.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $31,459 per violation against any person after notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, Colbert may be ordered to cease and desist from violating the (P&S) Act and assessed a civil penalty.
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 Kraig Roesch, Packers and Stockyards Division, at (303) 375-4291 or by email at kraig.roesch@usda.gov.
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