Public Affairs
WASHINGTON, May 16, 2024 – The U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Simmons Foods Inc., of Siloam, Ark., on April 3, 2024, for alleged violation of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, Simmons Foods Inc. waived its rights to a hearing and paid a civil penalty of $1,000.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed Simmons Foods Inc. last tested its vehicle scale on Nov. 4, 2022, but continued to weigh poultry on it without the required periodic tests until April 1, 2024.
The P&S Act requires subject entities to test vehicle scales used in commerce at least once between January 1 and June 30 and at least once again between July 1 and December 31, with a minimum period of 120 days between tests.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $33,896 per violation against any person after notice and opportunity for a hearing on the record. USDA may offer alleged violators the option of waiving their right to a hearing and enter into a stipulation agreement to resolve alleged violations quickly.
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 Amy Blechinger, Packers and Stockyards Division, at (202) 720-7051 or by email at Amy.R.Blechinger@usda.gov.
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