Release No.: 114-18
WASHINGTON, Oct. 4, 2018 – On July 31, 2018, Jerry & Carla Hixon, doing business as Dairyman's & Cattleman's Beef Auction (Dairyman’s Auction) Bakersfield, Calif., waived its right to a hearing, entered into a stipulation agreement with the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS) and paid a penalty of $1,000 for an alleged violation of the Packers and Stockyards (P&S) Act.
AMS’ investigation of Dairyman’s Auction revealed the livestock market’s weighmaster continually failed to zero balance the livestock scale in intervals of 15 drafts or 15 minutes during December 2016 and January 2017. Failing to balance a livestock scale is considered an unreasonable and unfair, or deceptive practice.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties of not more than $28,061 per count against any person who violates the law after notice and opportunity for a hearing on the record.
USDA enforcement rules provide a mechanism to quickly resolve violations of the P&S Act. USDA may offer alleged violators the option of waiving their right to a hearing and entering 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 Stuart Frank, Fair Trade Practices Program, Packers and Stockyards Division, at (515) 323-2586, or by email at stuart.frank@usda.gov.
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