Release No.: 116-19
WASHINGTON, Sept. 18, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on Aug. 15, 2019, the U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Charles Horn (Horn) for alleged violations of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, Horn waived his right to a hearing and will pay a total penalty of $3,250.
An investigation by USDA’s Agricultural Marketing Service during June 2018 revealed that Horn failed to pay timely for livestock purchases totaling $330,333 from March 10, 2018, through May 10, 2018. The investigation also revealed that Horn issued a check for livestock purchases totaling $39,085 without sufficient funds in his bank account to support the payment of that check.
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.
Horn must pay a penalty in installments totaling $3,250. Horn paid $250 and will make subsequent payments of $1,000 each, due Sept. 15, 2019, Oct. 15, 2019, and Nov. 15, 2019.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 per violation against any person after notice and opportunity for hearing on the record. USDA may offer alleged violators the option of waiving their right to a hearing and enter into a stipulation agreement to quickly resolve alleged violations.
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 email@example.com.
USDA is an equal opportunity provider, employer, and lender