USDA Settles a Packers and Stockyards Case against Sean Hartung, dba S & T Cattle

Date
Tuesday, August 23, 2022 - 1:00pm
Contact Info
Release No.
126-22

WASHINGTON, Aug. 23, 2022 – The U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Sean Hartung (Hartung), doing business as S & T Cattle of Haven Kan., on July 25, 2022, for alleged violations of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, Hartung waived his rights to a hearing and paid a civil penalty of $1,250.

An investigation by USDA’s Agricultural Marketing Service (AMS) revealed Hartung failed to timely pay for 22 livestock purchases from February 2021 through July 2021. Payments were up to 16 days late. Hartung also issued one non-sufficient funds (NSF) 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. It also requires subject entities to keep and maintain records that accurately disclose the full nature of the transaction. Failure to timely pay for livestock purchases and failing to properly maintain records are violations of the P&S Act.

The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $29,616 per violation against any person after notice and opportunity for a 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 Kraig Roesch, Packers and Stockyards Division, at (303) 375-4291 or by email at Kraig.Roesch@usda.gov.

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