Washington - The U.S. Department of Agriculture (USDA) issued a complaint against James B. Cristel (Cristel) and Dixie Harr, doing business as Edwardsville Livestock (Harr), Edwardsville, Ill., on June 23, 2021, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that from April 6 through Nov. 2, 2018, Respondents Cristel and Harr and Agler failed to pay the full purchase price of livestock in the amount of $96,000 to three livestock sellers.
In addition, the investigation revealed that between Aug. 22, 2018, and Oct. 19, 2018, Respondents Cristel and Harr failed to timely pay the full purchase price of 6 livestock purchases from various livestock sellers. Payments for these livestock purchases were between 4 and 161days late. During the same period, Respondents Cristel and Harr issued checks and authorized electronic payments that were returned unpaid or denied by the bank because Respondents failed to maintain sufficient funds when presented.
The investigation further revealed Respondents Cristel and Harr failed to keep and maintain records sufficient to fully and correctly disclose all transactions involved in their business.
The P&S Act requires subject entities to issue the full payment for livestock by the close of the first day following purchase and transfer of possession. Failure to timely pay for livestock and failure to pay for livestock purchases are both unfair trade practices and violations of the P&S Act.
The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $28,061 per violation against any person after notice and opportunity for hearing on the record. If the allegations are admitted or proven in an oral hearing, Respondents Cristel and Harr may be ordered to cease and desist from continuing violations of 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 Bryice Wilke, Packers and Stockyards Division, at (202) 720-7051, or by email at Bryice.A.Wilke@usda.gov.
Source: U.S. Department of Agriculture Agricultural Marketing Service
