Public Affairs
WASHINGTON, July 19, 2023 – The U.S. Department of Agriculture (USDA) issued a complaint against Thomas D. Unger (Unger), Earlville, N.Y., on July 12, 2023, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that Unger failed to pay timely for 96 head of cattle, valued at $90,922 at New Holland Sales Stables Inc., New Holland, Pa., in August and Sept. 2020. Unger issued two checks in payment for the livestock that were returned unpaid by the bank. As of the complaint’s filing date, Unger has an unpaid balance of $38,944.
The P&S Act requires subject entities to issue 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 authorizes the Secretary of Agriculture to assess civil penalties up to $33,896 per violation against any person after notice and opportunity for a hearing on the record. If the allegations are admitted or proven in an oral hearing, Unger may be ordered to cease and desist from continuing violations of 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 Dora Malykin, Packers and Stockyards Division, at (202) 720-7051 or by email at dora.malykin@usda.gov.
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