Enforcement Actions

Types of Enforcement Actions

The Packers and Stockyards Division (PSD) monitors industry activities and conducts regulatory compliance reviews and investigations to determine whether subject persons and firms are in compliance with the Packers and Stockyards Act (P&S Act) and regulations. Violations are resolved according to their seriousness as follows:

  • Notice of Violations - Form giving regulated entities official notice of the alleged violations found. Violations are corrected, when practical, without resorting to legal proceedings.
  • Stipulation Agreements - Legal agreement citing violation(s) found, the civil penalty amount AMS will accept in settlement of the alleged violation(s) without pursuing a formal action, and a statement for signature by the alleged violator, agreeing to pay the civil penalty and waive the right to a hearing.
  • Administrative Actions - Legal actions taken within USDA. A complaint, alleging specific violations, is filed against a firm or individual. The accused party has a right to a hearing before an administrative law judge. The judge's decision may be appealed to the USDA Judicial Officer. The accused party may appeal the Judicial Officer's ruling to a U.S. Appeals Court, and further to the Supreme Court of the United States.
  • Court Actions - Legal action may be taken, through the Justice Department, in a U.S. District Court against those subject to the P&S Act.

The resolutions of many legal actions are judicial opinions and orders.

Penalties for violations can include:

  • Cease and desist orders;
  • Suspension of business operations subject to the P&S Act (only applicable to registered market agencies and dealers);
  • Civil penalties up to a maximum of $32,000 per violation of the poultry trust provisions, and $11,000 per violation of the other provisions in the P&S Act and regulations; and/or
  • Permanent injunctions, fines, and jail sentences for actions taken through the Justice Department.

Suspension Listing

  • PDF (July 2019) (PDF; 69KB)
  • XLSX (July 2019) (Excel: XLSX; 20KB)

Enforcement Actions

AMS issues a formal complaint, alleging specific violations, against a firm or individual when it initiates administrative legal action. The formal complaint is filed with the USDA Hearing Clerk's office and served on each accused party, known as a respondent.

Each respondent has a right to a hearing before an Administrative Law Judge (ALJ) to rebut the charges brought in the complaint. The alleged charges may or may not be proven. Unless the formal complaint is withdrawn, it will be resolved by the issuance of a decision signed by an ALJ. The decision will include the ALJ`s opinion about whether the alleged charges were proven and an order.

The table below lists the formal complaints docketed and related decisions issued for the current fiscal year.

Previous Years:

2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1998 | 1997 | 1996 | 1995 | 1994

Fiscal Year 2019 (October 2018-September 2019)

Records - of

Respondent(s)

State

Docket Number

Complaint Filed

Decision/Dismissal Filed

Welch, Tommy Bradley d.b.a. TBW Cattle NC D-19-0054 06/25/2019
(PDF; 2.0Mb)
Thompson, Allen, Jr., and Thompson, Chuck, a Missouri partnership MO D-19-0005, D-19-0006 05/17/2019
(PDF; 2.0Mb)
Cargill Meat Solutions Corporation KS D-19-J-0089 05/16/2019
(PDF; 2.6Mb)
R & W Farms, LLC, Thompson, Wanda, and Thompson, Rickey G. LA D-19-0010, D-19-0011, and D-19-0012 04/26/2019
(PDF; 2.6Mb)
Plunkett, Glean, and Fort Payne Stockyard, Inc. AL D-19-J-0056; D-19-J-0057 03/07/2019
(PDF; 1.3Mb)
McGraw, John P. FL D-19-0001 02/27/2019
(PDF; 728Kb)
L2 Cattle Corporation Inc. and Lewis, Ronnie FL D-19-J-0052, D-19-J-0053 02/28/2019
(PDF; 3.6Mb)
JBS USA Food Company, Swift Beef Company NE D-19-0003 11/21/2018
(PDF; 1.4Mb)
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