Question: Are all live poultry dealers subject to the Statutory Trust?
Answer: No. Only live poultry dealers operating in the United States whose average annual sales of live poultry, or average annual value of live poultry obtained by purchase or by poultry growing arrangement, exceed $100,000 are subject to the Statutory Trust.
Question: Without knowing how much the live poultry dealer sells or obtains annually, how could I find out whether this live poultry dealer is subject to the Statutory Trust?
Answer: Contact us at the regional office that covers your state.
Question: If I sell a poultry product to a live poultry dealer, could I file a valid claim under the Statutory Trust?
Answer: No, a poultry product is not poultry. You could not file a valid claim under the Statutory Trust for the sale of those products.
Question: How have courts interpreted the phrase “expressly extend credit” in the definition of a “cash sale?”
Answer: The United States Court of Appeals for the Third Circuit discussed this issue in its April 12, 2012 opinion (Case 11-3231, page 9) in re Empire Kosher Poultry, Inc. v. United States Department of Agriculture. The Circuit Judges concluded that, “a sale . . . is a cash sale unless a seller ‘directly, firmly, and explicitly state[s]’ its intent to extend credit.”