UNITED STATES DEPARTMENT OF AGRICULTURE

BEFORE THE SECRETARY OF AGRICULTURE

In re:
	Halal Packing Inc.,	P&S Docket No. 22-J-0015
	Respondent.

CONSENT DECISION AND ORDER

This proceeding arises under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. §§ 181 et seq.) (Packers and Stockyards Act) and the regulations promulgated thereunder by the Secretary of Agriculture (9 C.F.R. § 201 et seq.) Complaint was filed by the Deputy Administrator, Fair Trade Practices Program (Packers and Stockyards Division), Agricultural Marketing Service, United States Department of Agriculture (“USDA”), alleging that Respondent willfully violated sections of the Packers and Stockyards Act and the regulations promulgated thereunder (9 C.F.R. §§ 201.1, et seq.).  Complainant and Respondent have agreed to entry of this Decision, without hearing or further procedure, pursuant to the consent decision provisions of the Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes (7 C.F.R. § 1.138).

Respondent admits the jurisdictional allegations in paragraph I of the Complaint and specifically admits that the Secretary has jurisdiction in this matter; neither admits nor denies the remaining allegations; 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 Respondent in connection with this proceeding or any action against any USDA employee in their individual capacity; waives oral hearing and further procedure; and consents and agrees, for the purpose of settling this proceeding and for such purpose only, to the entry of this Decision.

Respondent agrees to the entry of this Consent Decision.

Findings of Fact

(1)  Halal Packing Inc., (Respondent), is a corporation organized and existing under the laws of the State of New Jersey. Its mailing address is 368 Swartswood Road Newton, NJ 07860.

(2)  Respondent at all times material herein was:

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

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

Conclusions

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

Order

            Respondent shall, directly or through any corporate or other device, in connection with its operations subject to the Act, cease and desist from failing to pay the purchase price of livestock when due within the time period required by the Act.

In accordance with section 202(a) of the Act (7 U.S.C. § 192(a)), Respondent is assessed a civil penalty in the amount of nine thousand dollars ($9,000.00).

On April 22, 2022, the Respondent paid Four Thousand Five Hundred Dollars ($4,500.00) to USDA, AMS, FTPP, PSD P.O. Box 790312 St. Louis, MO  63179-0312, referencing P&S Docket No. 22-J-0015, as the Account Number.  On May 11, 2022, the Respondent paid Four Thousand Five Hundred Dollars ($4,500.00) to USDA, AMS, FTPP, PSD P.O. Box 790312 St. Louis, MO  63179-0312, referencing P&S Docket No. 22-J-0015, as the Account Number. The civil penalty is paid in full.

This Order shall have the same force and effect as if entered after full hearing.  The provisions of this Order shall become final and effective upon on the day after service of this Consent Decision and Order on Respondent.

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

[Signature Page Omitted]