WASHINGTON — As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on July 8, 2019, the U.S. Department of Agriculture (USDA) issued a complaint against Rodney Dennis, doing business as RD Cattle (RD Cattle) of Valley View, Texas, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that RD Cattle failed to pay timely for livestock purchases totaling $361,991 and failed to pay the full purchase price for livestock purchases totaling $105,885, from May 2015 through August 2015.  Additionally, RD Cattle issued seven (7) checks for livestock purchases totaling $280,647, without sufficient funds in its bank account to pay for those checks when presented for payment.
The P&S Act requires subject entities to issue 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 full payment for purchases is a violation of the P&S Act and is an unfair trade practice.
The investigation also revealed that RD Cattle failed to keep and maintain records sufficient to fully and correctly disclose all dealer transactions for their business. Entities subject to the P&S Act are required to keep and fully disclose accurate records regarding all transactions involved with their business when requested by AMS.
RD Cattle 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 $11,000 per violation against any person after the notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, RD Cattle 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.
–USDA AMS
For more articles out of Texas, click here.