USDA Settles a Packers and Stockyards Case with Salem Livestock Inc.

Date
Thursday, September 28, 2023 - 12:00pm
Contact Info
Release No.
114-23

WASHINGTON, Sept. 28, 2023 – The U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Salem Livestock Inc. (Salem) on Aug. 23, 2023, for alleged violations of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation, Salem waived its rights to a hearing and paid a civil penalty of $5,500.

An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that Salem operated with custodial account shortages on May 31 and June 30, 2021, of $1,187,353 and $964,800, respectively. The custodial shortages were due in part to the market failing to reimburse the custodial account by the close of the next business day for the market owners' and employees’ purchases and failing to reimburse the custodial account for uncollected receivables by the close of the 7th day following the sale. AMS also found Salem misused custodial funds by issuing payments to its line of credit and deducting bank fees directly from its custodial account.

A custodial account is a trust account designated for shippers’ proceeds from the sale of livestock in trust for sellers. Failure to reimburse and debit the custodial account properly is a violation of the Packers & Stockyards Act and regulations.

The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $33,896 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 resolve alleged violations quickly.

For further information about the Packers and Stockyards Act, contact Dora Malykin, Packers and Stockyards Division, at (202) 720-7051 or by email at dora.malykin@usda.gov.

#

USDA touches the lives of all Americans each day in so many positive ways. In the Biden-Harris Administration, USDA is transforming America’s food system with a greater focus on more resilient local and regional food production, fairer markets for all producers, ensuring access to safe, healthy and nutritious food in all communities, building new markets and streams of income for farmers and producers using climate smart food and forestry practices, making historic investments in infrastructure and clean energy capabilities in rural America, and committing to equity across the Department by removing systemic barriers and building a workforce more representative of America. To learn more, visit www.usda.gov.

Get the latest Agricultural Marketing Service news at www.ams.usda.gov/news or follow us on Twitter
@USDA_AMS. You can also read about us on the USDA blog.

USDA is an equal opportunity provider, employer, and lender