The Packers and Stockyards Program (P&SP) 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 GIPSA 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:
- Suspension of business operations subject to the P&S Act;
- Civil penalties up to a maximum of $27,000 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.
Last updated 09/12/2007
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