WASHINGTON, Feb. 06, 2023 -- As part of its commitment to ensuring fair and competitive markets for the livestock, meat and poultry industries, on November 23rd, the U.S. Department of Agriculture (USDA) reached a consent decision with Eric Miller of Miller Livestock Inc (Miller) of Mina, S.D., for alleged violations of the Packers and Stockyards (P&S) Act.
An investigation by USDA’s Agricultural Marketing Service revealed that Miller failed to pay for nine livestock dealer invoices on nine different days from five separate entities totaling $368,087.34. This amount remains unpaid as of the date of the complaint.
Miller also failed to pay the full amount of the purchase price for livestock within the time period required by the Act. Within this case, there were also numerous transactions where Miller issued checks in payment for livestock purchases which were returned unpaid by the bank upon which they were drawn because of insufficient funds.
Under the consent decision, Miller is ordered to cease and desist from failing to pay the full amount of the purchase price for livestock, also within the required time period, as well as issuing nonsufficient financial instruments to pay for livestock. Miller was suspended as a registrant under the Act for five (5) years. Said suspensions may be lifted upon full demonstration of payments of all amounts owed as a result of Miller’s failure to pay for livestock.
The P&S Act requires subject entities to issue the 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 paying for livestock with financial instruments with non-sufficient funds are unfair trade practices and are violations of the P&S Act.
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.
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