Public Affairs
WASHINGTON, March 26, 2021 – The U.S. Department of Agriculture (USDA) issued a complaint against Tommy Baxley, doing business as Tri State Cattle Marketing (Baxley) of Alabama, on March 5, 2021, for alleged violation of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that from Sept. 22, 2017, through Feb. 24, 2018, Baxley failed to pay the full purchase price of livestock in four transactions totaling $347,108. Baxley also issued insufficient funds checks to livestock sellers.
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 pay promptly for livestock 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 notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, Baxley may be ordered to cease and desist from continuing violations of the P&S Act, his registration suspended for a specified period, and he may be assessed a civil penalty.
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 Jeana Harbison, Packers and Stockyards Division, at (202) 720-7051, or by email at Jeana.M.Harbison@usda.gov
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