UNITED STATES DEPARTMENT OF AGRICULTURE

BEFORE THE SECRETARY OF AGRICULTURE

 

In re:

 

 

 

Aref XXXXX, d/b/a

Indiana Halal Farms, LLC

P&S Docket No. 24-J-0028

 

 

 

 

 

 

 

Respondent.

Consent Decision and Order

 

            This proceeding was instituted under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. § 181 et seq.) (Act), by a Complaint filed by the Deputy Administrator, Fair Trade Practices Program, Agricultural Marketing Service (AMS), United States Department of Agriculture, alleging that the Respondent willfully violated the Act and the regulations promulgated thereunder (9 C.F.R. § 201.1 et seq.).  This decision and order are entered pursuant to the consent decision provision of the Rules of Practice applicable to this proceeding (7 C.F.R. § 1.138). 

            Respondent admits the jurisdictional allegations in the complaint and specifically admits that the Secretary has jurisdiction in this matter, neither admits nor denies the remaining allegations, waives oral hearing and further procedure, waives all rights to seek judicial review and otherwise challenge or contest the validity of this decision, including waiving challenges to the Administrative Law Judge’s authority to enter this decision and Order under the Administrative Procedure Act and the Constitution of the United States, and waives any action against the United States Department of Agriculture under the Equal Access to Justice Act of 1980 (5 U.S.C. § 504 et seq.) for fees and other expenses incurred by Respondents in connection with this proceeding or any action against any USDA employee in their individual capacity.  The parties consent and agree, for the purpose of settling this proceeding and for such purpose only, to the entry of this Consent Decision and Order.           

Findings of Fact

1.      Respondent XXXXX, doing business as Indiana Halal LLC (Respondent), is an

individual whose business mailing address is XXXXX XXXXX, XXXXX.

2.      Respondent, at all times material herein, was a packer operating in commerce subject to

the provisions of the P&S Act, 7 U.S.C. § 181 et. seq.

Conclusions

            Respondent, having admitted the jurisdictional facts and the parties having agreed to the entry of this decision, such decision will be entered.

Order

1.      Respondent, their agents and employees, directly or through any corporate device, in

connection with operations subject to the Act, shall cease and desist from:

a.       Failing to pay and failing to pay, when due, the full purchase price of livestock; and

b.      Issuing checks to livestock sellers without having sufficient funds in the bank upon which they were drawn to pay such checks when presented.

2.      Respondent XXXXX agrees to forego owning or operating a packer for a

period of five years.  After a period of three years, if all livestock sellers subject to the complaint have been paid in full, Mr. XXXXX may petition AMS to resume activities as an owner or operator of a packer, as defined by the Act.  AMS has the sole discretion to determine whether such debts have been paid.  Upon a satisfactory showing of the extinguished debts, AMS will notify the Office of the Administrative Law Judges that the provisions of this consent decision have been fulfilled and petition that he be free to resume business unimpeded. 

3.      In accordance with section 203 of the Act (7 U.S.C. § 193) Respondent is assessed a civil

penalty in the amount of one thousand five hundred dollars ($1,500.00) to be paid no later than thirty (30) days after the signing of this consent.  Complainant requests that Respondents shall send a certified check or money order with the docket number to satisfy the requested civil penalty to US Bank, USDA FMMI LOCKBOX XXXXX, XXXXX, XXXXX, XXXXX.

The provisions of this order shall become effective upon issuance.  Copies of this decision shall be served upon the parties.

 

 

________________________________

Respondent XXXXX d/b/a

Indiana Halal

 

_______________________

Attorney for Complainant      

 

Done at Washington, D.C.

 

this   June   day of  13  2024

 

 

                                                                                                                        Tierney Carlos           

                                                                                                            Administrative Law Judge