The U.S. Department of Agriculture issued a complaint against Happy Valley Livestock LLC and Bill Chase, Glasgow, Ky., on Feb.12, 2024, for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that between August 2021 and January 2022, Happy Valley and Chase issued 24 checks in payment for livestock to 21 different livestock sellers that were returned unpaid by the bank. Happy Valley and Chase issued replacement checks to pay all outstanding sellers. By issuing insufficient funds checks, Happy Valley and Chase failed to pay, when due, the total purchase price of the livestock.
The P&S Act requires subject entities to issue full payment for livestock by the close of the first business day following purchase and transfer of possession. Failure to timely pay for livestock purchases and failure to issue the full payment for purchases is an unfair trade practice and a violation of the P&S Act.
The P&S Act authorizes the secretary of agriculture to assess civil penalties, up to $33,896 per violation, against any person after notice and opportunity for a hearing on the record. If the allegations are admitted or proven in an oral hearing, Happy Valley and Chase 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 Amy Blechinger, Packers and Stockyards Division, at 202-720-5877 or by email at Amy.R.Blechinger@usda.gov.
Source: USDA's AMS