UNITED STATES DEPARTMENT OF AGRICULTURE

BEFORE THE SECRETARY OF AGRICULTURE

 

In re:

 

 

 

Abdelkader Fedhal a/k/a Abdelkader Fedal a/k/a Ali Fedal; and

P&S Docket No. D-21-J-0035

 

 

 

 

Westminster Meat Packing, Inc.,    

P&S Docket No. D-21-J-0036

 

 

 

 

Respondents.

 

 

Decision Without Hearing By Reason of Consent and Order

 

This proceeding was instituted under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. § 181 et seq.) (the “Act”), by a Complaint and Notice of Hearing filed on May 11, 2021, as amended by an Amended Complaint that is being filed concurrently herewith, by the Deputy Administrator, Fair Trade Practices Program (FTPP), Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), alleging that respondents Abdelkader Fedhal a/k/a Abdelkader Fedal a/k/a Ali Fedal and Westminster Meat Packing, Inc. (collectively, the “Respondents”), violated the Act and the regulations promulgated thereunder by the Secretary of Agriculture (9 C.F.R. § 201.1 et seq.) (the “Regulations”). This Decision Without Hearing By Reason of Consent (the “Consent Decision”) is entered pursuant to section 1.138 (7 C.F.R. § 1.138) of the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted By The Secretary.

The Respondents admit the jurisdictional allegations set forth in paragraph I of the Amended Complaint and specifically admit that the Secretary has jurisdiction in this matter; neither admit nor deny the remaining allegations; waive oral hearing and further procedure; waive 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 under the Administrative Procedure Act and the Constitution of the United States; and waive 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 his or her individual capacity.

The parties consent and agree, for the purpose of settling this proceeding and for such purpose only, to the entry of the Consent Decision.

Findings of Fact

1.         Westminster Meat Packing, Inc. (Respondent Westminster) is a corporation organized and existing under the laws of the State of Vermont. Its business mailing address is P.O. Box 161, Westminster Station, VT 05159.

2.         Respondent Westminster is, and at all times material to the Complaint, was:

(a)        Engaged in the business of buying livestock in commerce for purposes of slaughter; and

(b)       A packer within the meaning of and subject to the provisions of the Act.

3.         Abdelkader Fedhal a/k/a Abdelkader Fedal a/k/a Ali Fedal (Respondent Fedal), is an individual whose business mailing address is P.O. Box 161, Westminster Station, VT 05159.

4.         Respondent Fedal is, and at all times material to the Complaint, was:

(a)        Engaged in the business of buying livestock in commerce for purposes of slaughter;

(b)       The 100% owner and president of Respondent Westminster;

(c)        Responsible for the direction, management, and control of Respondent Westminster; and

(d)       A packer within the meaning of and subject to the provisions of the Act.

Conclusion

Respondents having admitted the jurisdictional facts and the parties having agreed to the entry of this Consent Decision, the Consent Decision will be entered.

Order

Respondents, their agents and employees, directly or through any corporate or other device, in connection with operations subject to the Act and the Regulations, shall cease and desist from failing to pay, when due, the full purchase price of livestock.

In accordance with section 203(b) of the Act (7 U.S.C. § 193(b)), Respondents are jointly and severally assessed a civil penalty in the amount of $110,272.74. The civil penalty, however, will be held in abeyance and will be reducible dollar-for-dollar by restitution made by Respondents to their unpaid livestock sellers, up to a total reduction of $110,272.74, in accordance with an Understanding Regarding Civil Penalty Payment Terms (the “Understanding”) agreed to and ratified by the parties. If Respondents satisfy the terms of the Understanding, Complainant will request that the Administrative Law Judge issue an order reducing the civil penalty dollar-for-dollar for restitution made. If Respondents fail to satisfy the terms of the Understanding, the entire civil penalty, for which restitution has not been made, will become due in full immediately, upon application of Complainant to the Administrative Law Judge, without further procedure.

The Administrative Law Judge will retain jurisdiction in this matter for the purpose of

assessing the appropriate civil penalty, upon application of the Complainant as described herein. This Order will have the same force and effect as if entered after full hearing. The provisions of this Order will become effective on the next business day after service of this order on the Respondents.

Copies of this Consent Decision and Order will be served upon the parties.

[Signature Page Omitted]