USDA Reaches a Consent Decision and Civil Penalty with James Steven Kemp for Packers and Stockyards Act Violations

Date
Friday, September 25, 2020 - 12:00pm
Contact Info
Release No.
144-20

WASHINGTON, Sept. 25, 2020 – The U.S. Department of Agriculture (USDA) reached a consent decision against James Steven Kemp (Kemp) of Pleasant Shade, Tenn., on Aug. 21, 2020, for alleged violations of the Packers and Stockyards (P&S) Act.

An investigation by USDA’s Agricultural Marketing Service revealed that Kemp failed to pay $431,783 when due for 824 head of livestock purchased in 24 transactions from June to October 2014.

Under the consent decision, Kemp, along with his agents and employees, are ordered to cease and desist from failing to pay the full amount of the purchase price for livestock within the required time period and assessed a $10,000 civil penalty. 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 Stuart Frank, Packers and Stockyards Division, at (515) 323-2586, or by email at stuart.frank@usda.gov.

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