WASHINGTON, May 5, 2020 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on March 30, 2020, the U.S. Department of Agriculture (USDA) reached a consent decision with Christopher J. Bartels (Bartels) and Bartels Packing Inc. (Bartels Packing) of Eugene, Ore., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that Bartels Packing, doing business as Bartels Farms, and Bartels failed to pay timely for 647 head of livestock purchases totaling $943,205 from April 2016 through June 2016. Additionally, Bartels Packing and Bartels failed to pay the full purchase price for 3,524 head of livestock totaling $3,617,549 from October 2017 through March 2018. The P&S Act requires subject entities to issue full payment for livestock by the close of the first business day following purchase and transfer of possession. Failure to pay for livestock purchases on time and failure to pay for livestock purchases in full are violations of the P&S Act and unfair trade practices.
The consent decision orders Bartels and Bartels Packing to cease and desist from failing to pay livestock sellers the full purchase price when due within the time frame of the P&S Act and failing to pay the full purchase price. In addition, Bartels agreed to forego owning or operating a packing business for five years. The consent decision did not preclude Bartels from working as an employee of a business owned and operated by a third party. After a period of three years, if all livestock sellers subject to the complaint have been paid in full, Bartels may petition USDA to resume activities as an owner or operator of a packing business. USDA has the sole discretion to determine whether such debts have been paid.
The P&S Act requires subject entities to issue the full payment for livestock by the close of the first business day following the purchase and transfer of possession. Failure to pay for livestock purchases when due is a violation of the P&S Act.
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, Director, Packers and Stockyards Division, Fair Trade Practices Program, at (515) 323-2586, or by email at Stuart.Frank@usda.gov.
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