Public Affairs
WASHINGTON, May 28, 2020 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on May 11, 2020, the U.S. Department of Agriculture (USDA) reached a consent decision with Mitchell Lee Barthel (Barthel) d.b.a. Rock’n M Cattle (Rock’n M), Perham, Minn., for an alleged violation of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) resulted in the issuance of an administrative complaint against Rock’n M on May 7, 2019. The investigation revealed that on Dec. 14, 2017, Rock’n M purchased 57 head of livestock worth $55,876 from one seller. Rock’n M, under the direction of Barthel, then failed to pay, and pay when due, the full purchase price of the livestock.
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 timely pay for livestock purchases and failure to issue the full payment for purchases is an unfair trade practice and a violation of the P&S Act.
Under the consent decision, Rock’n M agreed to cease and desist from purchasing livestock in commerce and failing to pay, or failing to pay when due, the full purchase price of such livestock. Rock’n M paid a civil penalty of $5,000.
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 P&S 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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