Public Affairs
WASHINGTON, Nov. 5, 2021 – The U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Ultrasort LLC and Kenneth Bode of Elgin, Neb., on Aug. 31, 2021, for violations of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, Ultrasort, LLC waived its rights to a hearing and paid a civil penalty of $875.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that between November 2019 and May 2021, in six transactions Ultrasort failed to pay timely (2 to 12 days late) for 180 head of livestock totaling $162,164.
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 authorizes the Secretary of Agriculture to assess civil penalties up to $29,270 per violation against any person after the 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 Roesch, Packers and Stockyards Division, at (202) 720-7051, or by email at kraig.roesch@usda.gov.
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