The U.S. Department of Agriculture (USDA) entered into a stipulation agreement with Lowell Livestock LLC. (Lowell) of Lowell, Indiana, on Nov. 14, 2022, for alleged violation of the Packers and Stockyards (P&S) Act. Under the terms of the stipulation agreement, Lowell waived its rights to a hearing and paid a civil penalty of $750.

An investigation by USDA’s Agricultural Marketing Service (AMS) revealed that Lowell failed to have its scale tested in the first half of 2022. Lowell tested its scale on March 2, 2021, and used it to weigh livestock in commerce from July 1, 2021, to June 30, 2022, without the scale being tested.

The P&S Act requires subject entities to test livestock scales used in commerce at least once between Jan. 1 and June 30 and at least once again between July 1 and Dec. 31, with a minimum period of 120 days between tests.

The P&S Act authorizes the Secretary of Agriculture to assess civil penalties up to $31,459 per violation against any person after notice and opportunity for a hearing on the record. USDA may offer alleged violators the option of waiving their right to a hearing and enter into a stipulation agreement to resolve alleged violations quickly.

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 Kraig Roesch, Packers and Stockyards Division, at 303-375-4291, or by email at kraig.roesch@usda.gov.

Sources: USDA; USDA AMS