UNITED STATES DEPARTMENT OF
AGRICULTURE
BEFORE THE SECRETARY OF AGRICULTURE
In re: |
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Halal Packing Inc., |
P&S Docket No. 22-J-0015 |
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Respondent. |
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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]