Public Affairs
WASHINGTON, Jan. 5 , 2022 – As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on November 19th, the U.S. Department of Agriculture (USDA) reached a consent decision with Mark A. Oberly, doing business as Oberly Brothers Livestock (Oberly) of Dundee, Mich., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that between April 2020 through May 2020, in 20 transactions, Oberly failed to pay timely for 2,390 head of livestock totaling $322,670. Payments ranged from one to 18 days late. In addition, Oberly failed to maintain adequate records.
Under the consent decision, Oberly is ordered to cease and desist from failing to pay the full amount of the purchase price for livestock within the required time period and maintaining adequate records. Oberly was suspended as a registrant under the Act for five (5) years.
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 paying for livestock with financial instruments with non-sufficient funds are unfair trade practices and are violations 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 Kraig Roesch, Packers and Stockyards Division, at (303) 375-4291, or by email at kraig.roesch@usda.gov.
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