WASHINGTON, Nov. 5, 2021 – The U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Tait Gurney (Gurney) and Talkin T Cattle Company LLC, (Talkin T) of Saline, Utah, on Oct. 4, 2021, for alleged violations of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, Gurney and Talkin T waived its right to a hearing and paid a civil penalty of $4,500.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed Gurney failed to timely pay for 2,283 head of livestock, totaling $1,753,741, from Aug. 26 through Dec. 9, 2020. Gurney and Talkin T issued one check that was returned due to insufficient funds. Gurney paid three markets up to 20 days late.
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 $29,270 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 Kraig J. Roesch, Packers and Stockyards Division, at (202) 720-7051, or by email firstname.lastname@example.org .
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