Cite as 24 A.D. 954 (No. 9981) In re FEDERAL PACKING COMPANY, INC. P&S Docket No. 3551. Decided July 29, 1965. Packer-Insufficient funds checks-Failure to pay when due- Respondent is ordered to cease and desist from issuing insufficient funds checks in payment of livestock purchased and from failing to pay when due the full purchase price of such livestock. Miss Eva S. Reifenberg for complainant. Respondent pro se. Decision by Thomas J. Flavin, Judicial Officer PRELIMINARY STATEMENT This is a disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), hereinafter referred to as the Act, instituted by a complaint filed on June 14, 1965, by the Acting Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture, charging respondent with violations of the Act. Respondent filed an amended answer on July 14, 1965, in which it admits the jurisdictional allegations of the complaint, neither admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order, with findings and conclusions, for the purpose of this proceeding only, based on all allegations contained in the complaint. Complainant has recommended that the order consented to by respondent be issued. FINDINGS OF FACT 1. Respondent is a corporation organized and existing under the laws of the State of Washington with its principal office and place of business located at Everett, Washington. At all times material herein, respondent was a packer, within the meaning of the Act, engaged in the business of buying livestock, in commerce, for slaughter at its plant located at said Everett, Washington. Cite as 24 A.D. 954 2. The following named stockyards are now and were at all times mentioned herein posted stockyards subject to the provisions of the Act: 3. Respondent, on or about the dates and in the transactions set forth below, purchased livestock in commerce for slaughter purposes and failed to pay, when due, the purchase price of such livestock. 4. Respondent, on or about the dates and in the transactions set forth below, purchased livestock for slaughter purposes at various posted stockyards subject to the provisions of the Act, and issued checks in payment for such livestock which checks were returned by the bank upon which they were drawn because there were insufficient funds on deposit to respondent's account at the time they were presented: By reason of the facts set forth in findings of fact numbers 3 and 4, respondent has engaged in unfair practices in commerce in violation of section 202 (a) of the Act (7 U.S.C. 192 (a)), and section 201.43 (b) of the regulations (9 CFR 201.43 (b)). The complainant has recommended that the order consented to by respondent be issued. The order will be issued. ORDER Respondent shall cease and desist from: (a) Issuing checks to pay for livestock purchased in commerce without having and maintaining on deposit in the bank upon which such checks are drawn sufficient funds to pay such checks; and (b) Failing to pay, when due, the full purchase price of livestock purchased in commerce. This order shall become effective on the sixth day after service upon respondent. Copies hereof shall be served upon the parties.. (No. 9982) In re BELLEVILLE LIVESTOCK MARKET, INC. P&S Docket No. 3558. Decided July 30, 1965. Bonding requirements-Cease and desist-Consent Respondent is ordered to cease and desist from engaging in business in commerce in any capacity for which bonding is required without filing and maintaining a reasonable bond or its equivalent, as required by the act and the regulations issued thereunder. Cite as 24 A.D. 956 Miss Eva S. Reifenberg, for complainant. Respondent pro se. Decision by Thomas J. Flavin, Judicial Officer PRELIMINARY STATEMENT This is a disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), hereinafter referred to as the Act, instituted by a complaint filed on June 29, 1965, by the Acting Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture, charging respondent with violations of the Act and the regulations promulgated thereunder (9 CFR 201.1 et seq.), hereinafter referred to as the regulations. Respondent filed an answer on July 16, 1965, in which it admits the jurisdictional allegations of the complaint, neither admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order, with findings and conclusions, for the purpose of this proceeding only, based on all allegations contained in the complaint. Complainant has stated in its recommendation that respondent is now in compliance with the bonding requirements of the Act and the regulations thereunder and has recommended that the order consented to by respondent be issued. FINDINGS OF FACT 1. Respondent, whose address is Belleville, Pennsylvania, is now and was at all times material herein, registered with the Secretary of Agriculture as a market agency, selling livestock in commerce on a commission basis. 2. The Belleville Livestock Market, Inc. stockyard, Belleville, Pennsylvania, hereinafter referred to as the stockyard, is now and was at all times material herein, a posted stockyard subject to the provisions of the Act. 3. Respondent's surety bond was terminated on January 4, 1965. Respondent, on or about November 13, 1964, was notified in writing of such termination date, and was informed that it would have to furnish a new bond if it continued to operate as a registrant under the provisions of the Act after termination of its bond. Notwithstanding said notice, respondent continued Cite as 24 A.D. 958 to operate as a market agency in commerce, selling livestock at the stockyard on a commission basis, without filing and maintaining a reasonable bond or its equivalent, as required by the Act and the regulations. CONCLUSIONS By reason of the facts set forth in finding of fact number 3, supra, respondent has wilfully violated section 312 (a) of the Act (7 U.S.C. 213 (a)) and sections 201.29 and 201.30 of the regulations (9 CFR 201.29 and 201.30). Inasmuch as respondent has consented to the issuance of the order set forth below and complainant has recommended that such order be issued, the order will be issued. ORDER Respondent shall cease and desist from engaging in business in commerce in any capacity for which bonding is required under the Act and the regulations without filing and maintaining a reasonable bond or its equivalent, as required by the Act and the regulations thereunder. This order shall become effective on the sixth day after service hereof upon respondent. Copies hereof shall be served upon the parties. ORDERS ISSUED BY THOMAS J. FLAVIN, JUDICIAL OFFICER REPARATION AWARDED-DEFAULT ORDER (No. 9983) LOGAN COUNTY LIVE STOCK COMPANY v. ED WAREHAM JR. P&S Docket No. 3553. Reparation of $1,181.44 with 5 percent interest from March 1, 1965, awarded complainant against respondent in order issued July 8, 1965. (No. 9984) SHERIDAN LIVESTOCK COMMISSION Co. v. FRED DANIELS AND LLOYD LIEDTKE. P&S Docket No. 3530. Reparation of $3,114.74 with 5 percent interest from September 1, 1964, awarded complainant against respondents in order issued July 15, 1965. |