Enforcement Actions

Types of Enforcement Actions

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:

• Cease and desist orders;
• Suspension of business operations subject to the P&S Act (only applicable to registered market agencies and dealers);
• Civil penalties up to a maximum of $32,000 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.

Suspension Listing

• PDF (May, 2013) (PDF; 132KB)
• XLS (May, 2013) (xls; 39KB)

Enforcement Actions

GIPSA issues a formal complaint, alleging specific violations, against a firm or individual when it initiates administrative legal action. The formal complaint is filed with the USDA Hearing Clerk's office and served on each accused party, known as a respondent.

Each respondent has a right to a hearing before an Administrative Law Judge (ALJ) to rebut the charges brought in the complaint. The alleged charges may or may not be proven. Unless the formal complaint is withdrawn, it will be resolved by the issuance of a decision signed by an ALJ. The decision will include the ALJ`s opinion about whether the alleged charges were proven and an order.

The table below lists the formal complaints docketed and related decisions issued for the current fiscal year.

Fiscal Year 2013 (October 2012-September 2013)