Release No.: 064-19
WASHINGTON, May 31, 2019 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on May 7, 2019, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) issued an administrative complaint against Mitchell Lee Barthel (Barthel), doing business as Rock’n M Cattle, of Perham, Minn., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by AMS revealed that Barthel failed to pay the full purchase price for 57 head of livestock he bought on Dec. 14, 2017. Barthel failed to pay a remaining balance of $25,106 for the livestock, valued at $55,876.
Payment for all livestock is due before the close of the business day following the purchase and transfer of possession of the livestock. Failure to pay for livestock purchases is a violation of the P&S Act and is an unfair trade practice.
Barthel will have 20 calendar days following receipt of the complaint to respond directly to the USDA Administrative Law Judge or be found in violation and subject to penalty.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 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, Barthel may be ordered to cease and desist from violating the P&S Act and 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 Stuart Frank, Packers and Stockyards Division, at (515) 323-2586, or by email at stuart.frank@usda.gov.
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