The following are some basic responsibilities for live poultry dealers. Please refer to the Packers and Stockyards Act, 1921, as Amended and Supplemented, and the Regulations issued there under, for a complete list of legal responsibilities.

Prompt Payment. Live poultry obtained under a poultry growing arrangement must be paid for by the close of the 15th day following the week in which the poultry is slaughtered. Live poultry dealers must pay before the close of the next business day for live poultry obtained in a cash sale.

Scales. All live poultry and feed scales subject to the P&S Act must be tested for accuracy by a competent agency at least each six months. The certification form must be filed with the regional P&SP office. Any scale known to be inaccurate may not be used.

Weighing. Only competent, trained weighmasters should weigh live poultry or poultry feed. All weighermasters must read and sign an Acknowledgment Form certifying that they have read the Instructions for Weighing Livestock or Poultry. The weighmaster should ensure that the scale will provide accurate weights prior to weighing. The weighmaster should keep the scale balanced at zero at all times; check the zero balance every 15 minutes or 15 drafts, and after every draft of more than half the scale capacity; record the time of zero balance check; and weigh each draft of poultry to the nearest scale division. The weighmaster should favor neither the buyer nor the seller; print a scale ticket only while poultry is on scale and scale has settled; complete the scale ticket; allow persons having a legitimate interest in a draft of poultry to observe the weighing; and reweigh a draft of poultry immediately if requested.

Immediate Weighing. Whenever live poultry is obtained under a poultry growing arrangement, the poultry shall be transported promptly after loading and the gross weight for grower payment purposes shall be determined immediately upon arrival at a the processing plant.

Poultry Trusts. If a live poultry dealer fails to pay for live poultry, the receivables, inventories, and proceeds derived from such purchases in cash sales or by poultry growing arrangement become trust assets by operation of law. The live poultry dealer must hold these assets for the benefit of all unpaid cash sellers and/or poultry growers. Cash sellers and poultry growers are legally in priority payment position in bankruptcy or in claims against trust assets in the event of a business failure.

Unfair Practices. It shall be unlawful for any live poultry dealer to engage in or use any unfair, unjustly discriminatory, or deceptive practice or device.

Records. Every live poultry dealer shall keep such accounts, records, and memoranda as fully and correctly disclose all transactions involved in his/her business, including the true ownership of such business. The records must by maintained for two full years, or longer if instructed by the Administrator.

Annual Reports. Every live poultry dealer shall file an annual report with P&SP. A live poultry dealer will complete form P&SP-3600 ? Annual Report for Live Poultry Dealers.

Inspection of Business Records and Facilities. Each live poultry dealer, upon proper request, shall permit authorized representatives of the Secretary of Agriculture to enter its place of business during normal business hours and to examine records pertaining to its business subject to the Act.

Last updated 12/22/05