Release No.: 090-18
WASHINGTON, July 29, 2018 – On June. 20, 2018, the United Stated Department of Agriculture (USDA) and Roland Cook doing business as RC Livestock (RC Livestock), Dallas, Wisconsin, settled a complaint filed against RC Livestock for suspected violations of the Packers and Stockyards (P&S) Act. Terms of the settlement are set forth in a consent decision in which RC Livestock agreed to cease and desist from violating the P&S Act, and serve a suspension of three years beginning June 26, 2018. The Consent Decision became final and effective on June 26, 2018.
The alleged violations that led to the complaint against RC Livestock were revealed in a USDA Agricultural Marketing Service (AMS) investigation that found RC Livestock failed to pay and failed to pay when due for livestock purchases from December 2016 through January 2017 on 25 occasions for $48,374.28. Payment for all livestock is due before the close the business day following the purchase and transfer of possession of the livestock. Failure to pay when due is a violation of Section 409(a) of the P&S Act.
RC Livestock’s suspension is ordered for three years however, the consent decision provides that after 90 days, RC Livestock may seek employment by another registrant or packer during the suspension, subject to verification by AMS. Once RC Livestock demonstrates all unpaid livestock sellers have been paid in full, and upon application to the Fair Trade Practices Program, Packers and Stockyards Division, AMS will file a motion for a supplemental order lifting the registration suspension after one year.
The P&S Act (7 U.S.C. § 181, et seq.) authorizes the Secretary of Agriculture to assess civil penalties of not more than $11,000 per count against any person who violates the statute(s) cited above, after notice and opportunity for hearing on the record.
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 Brett Offutt, Fair Trade Practices Program, Packers and Stockyards Division, at (202) 720-7051, or by email at s.brett.offutt@ams.usda.gov.
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